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    Giant Gas Pipeline Owner, Contractor in $900M Payment Battle

    Motion for Reconsideration Challenging Appraisal Determining Cause of Loss Denied

    Unbilled Costs Remain in Tutor Perini's Finances

    Resolving Condominium Construction Defect Warranty Claims in Maryland

    HHMR Recognized in 2026 Best Law Firms® Rankings for Construction Litigation and Construction Law

    Contractor Sues Supplier over Defective Products

    Snooze You Lose? Enforcement of Notice and Timing Provisions

    No Coverage Where Cracks in Basement Walls Do Not Amount to Sudden Collapse

    Builders Can’t Rely on SB800

    Brief Discussion of Enforceability of Anti-Indemnity Statutes in California

    Yellen Has Scant Power to Relieve U.S. Housing Slowdown

    Construction Defect Scam Tied to Organized Crime?

    The Non-Imputation Affidavit in Real Estate Title Insurance

    Top Five Legal Mistakes in Construction

    Owners and Contractors are Liable for Injuries Caused by their Independent Contractors under the “Peculiar Risk Doctrine”

    Forecast Sunny for Solar Contractors in California

    FirstEnergy Fined $3.9M in Scandal Involving Nuke Plants

    Zurich American Insurance Company v. Ironshore Specialty Insurance Company

    Engineers Found ‘Hundreds’ of Cracks in California Bridge

    Loose Bolts Led to Sagging Roof in Construction Defect Claim

    Cal/OSHA-Approved Changes to ETS Will Take Effect May 6, 2022

    Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case

    Construction May Begin with Documents, but It Shouldn’t End That Way

    Supreme Court of New York Denies Motion in all but One Cause of Action in Kikirov v. 355 Realty Assoc., et al.

    On-Site Supersensing and the Future of Construction Automation – Discussion with Aviad Almagor

    How to Protect a Construction-Related Invention

    Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion

    Payne & Fears Recognized by Best Lawyers in 2026 Best Law Firms®

    Insured Versus Insured Clause Does Not Bar Coverage

    Mechanic’s Liens and Leases Don’t Often Mix Well

    Two Architecturally Prized Buildings May be Demolished

    California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

    #9 CDJ Topic: Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al.

    Sometimes a Reminder is in Order. . .

    Bert L. Howe & Associates Brings Professional Development Series to Their San Antonio Office

    Congratulations to BWB&O Partner John Toohey and His Fellow Panel Members on Their Inclusion in West Coast Casualty’s 2022 Program!

    Eastern District of Pennsylvania Denies Bad Faith Claim in HO Policy Dispute

    FHFA’s Watt Says Debt Cuts Possible for Underwater Homeowners

    House Passes ABC-Supported Permitting Reform Legislation

    Rebuilding the West: Construction Considerations After the Smoke Clears

    Federal Court Holds That Other Insurance Analysis Is Unnecessary If Policies Cover Different Risks

    Eighth Circuit Rejects Retroactive Application of Construction Defect Legislation

    More Details Emerge in Fatal Charlotte, NC, Scaffold Collapse

    Insured’s Bad Faith Claim Survives Summary Judgment

    NYC’s Next Hot Neighborhoods Targeted With Property Funds

    Top Developments: 2025 - Issue 2

    Indirect Benefit Does Not Support Unjust Enrichment Claim Against Prime Contractor

    A Top U.S. Seller of Carbon Offsets Starts Investigating Its Own Projects

    PSA: Pay If Paid Ban Goes into Effect on January 1, 2023

    Court Holds That Public Entity Can Unilaterally Replace Subcontractor Under California’s Subletting and Subcontracting Fair Practices Act
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    PORT PENN DELAWARE CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Port Penn, Delaware Construction Expert Witness Group provides a wide range of trial support and consulting services to Port Penn's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Construction Expert Witness News & Info
    Port Penn, Delaware

    Contract Disputes Act and Jurisdictional Requirements

    March 17, 2026 —
    When dealing with a claim on a federal construction project, there are a couple of key background jurisdictional points. These points were briefly highlighted in the recent appeal, Mega Star Logistics Service Co. v. Department of State, CBCA 8232, 2026 WL 253738 (CBCA 2026). Here are the two points. FIRST, when it comes to jurisdiction, for a board of contract appeals “to exercise jurisdiction over a claim, the CDA [Contract Disputes Act] requires the contractor to submit a written claim to the contracting officer for a COFD [contracting officer final decision], with a subsequent appeal of the COFD or deemed denial if the CO [contracting officer] does not issue a COFD.” Thus, you need to submit a formal claim under the Contract Disputes Act to the contracting officer to get a final decision from the contracting officer (or the contracting officer waiving the final decision by not timely furnishing one). Mega Star Logistics, supra. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    “He Chose…Poorly: How Bad DSC Clauses Lead to Project Doom in the Last Crusade of Construction Risk”

    March 10, 2026 —
    “We do not follow maps to buried treasure, and X never, ever marks the spot.” That’s the advice that Indiana Jones offered in the Last Crusade film. But what’s beneath the surface isn’t just important to adventure archaeologists. It has real-world application to our industry, where success depends on the stability of materials below the surface. The study of geology and soils has ancient roots. Egyptians relied on soil stability for the pyramids; Rome built a continent-wide roadway system utilizing subgrade preparation techniques; Medieval builders implemented a rudimentary foundation pier system; Henri Gautier studied what is now called the “angle of repose” for French retaining walls in the early 18th Century. Through the 19th Century, contractors bore the risk of the stability of their work, and the attendant peril of unforeseen site conditions. But in the early 20th Century, design trades continued to develop increased understanding of soil and underground conditions. In the 1920’s US federal contracts began employing “differing site conditions” clauses, which provided for cost/time adjustments if subsurface conditions differed from expectations. Industry forms followed the federal policy, and these clauses became almost universally accepted. Reprinted courtesy of Curt Martin, Peckar & Abramson, P.C. and Lee Banta, Peckar & Abramson, P.C. Mr. Martin may be contacted at cmartin@pecklaw.com Mr. Banta may be contacted at lbanta@pecklaw.com Read the full story...

    50 State Matrices | 2026 Edition

    March 03, 2026 —
    GRSM’s 50 State Legal Matrices provide a comprehensive, state-by-state snapshot of statutory law across all 50 U.S. states. Spanning critical areas such as indemnification, contractor licensing, labor standards, statute of limitations, and more, this resource enables businesses and counsel to quickly identify key legal requirements and variations across jurisdictions. Designed as a practical starting point rather than definitive legal advice, the Matrices help multi-state operators and attorneys navigate the complex patchwork of laws that can vary dramatically from one state to another. Read the full story...
    Reprinted courtesy of Gordon Rees Scully Mansukhani

    Lawmakers Vote to Reauthorize Programs to Support Water Quality, Coastal Protection

    April 20, 2026 —
    The U.S. House of Representatives has passed a package of 14 bills that includes measures to reauthorize several U.S. Environmental Protection Agency programs to protect and restore critical water ecosystems, expand access to broadband, reduce regulatory requirements on airport projects and programs and lower costs of federal buildings. Read the full story...
    Reprinted courtesy of Pam McFarland, Engineering News-Record
    Ms. McFarland may be contacted at mcfarlandp@enr.com

    Late Notice Bars Insured’s Claim for Water Leak Damage

    August 11, 2026 —
    The federal district court granted the insurer’s motion for summary judgment dismissing the insured’s claim due to late notice. Global Approach, Inc. v. Scottsdale Ins. Co., 2026 U.S. Dist. LEXIS 120183 (S. D. Fla. June 1, 2026). Global suffered water damage on September 3, 2021, which originated in the bathroom of one of its rental properties. Global reported the claim to its insurer, Scottsdale, on October 19, 2021. Prior to reporting the claim, Global hired a handyman to inspect the property and then demolished the damaged area and repaired the bathroom. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Arizona Court Enters $323 Million Judgment Against ZOM Living Following Unanimous Jury Verdict

    May 26, 2026 —
    PHOENIX, May 19, 2026 /PRNewswire/ -- A Maricopa County court has entered a $323 million compensatory damages judgment in favor of Gray Development Group against ZOM Holding Inc., doing business as ZOM Living, following a 12-day trial, a unanimous jury verdict and post-trial proceedings related to a proposed business transaction. The jury found ZOM liable on claims of breach of contract and breach of the implied covenant of good faith and fair dealing stemming from a proposed joint venture tied to a planned pipeline of luxury multifamily and commercial projects in Phoenix and Scottsdale. The lawsuit centered on a 13-project, $1.4 billion development pipeline originated and planned by Gray Development Group over more than a decade. In 2019, Gray invited Florida-based ZOM to participate in a joint venture involving the completion of five projects, which would have marked ZOM's entry into the Arizona market. According to court findings presented at trial, the companies entered into a mutual confidentiality and non-circumvention agreement before Gray shared extensive sensitive and proprietary information related to the projects, including planning, market analysis, costs, financial data, local business relationships and operational strategies developed by Gray over decades in Arizona. Evidence presented during trial showed that over a 10-month period while under contract, ZOM made hundreds of requests for confidential project and market information before circumventing Gray and pursuing the projects independently, ultimately displacing Gray from projects it spent years planning and developing. ZOM Living, headquartered in Orlando, develops multifamily and senior housing communities across the United States and operates regional offices in Boston, Dallas, Fort Lauderdale, Nashville, Phoenix, and Raleigh. ZOM is owned by Timeless Investments, the Amsterdam-based family office of Dutch businessman Hans van Veggel, which acquired the company in 1997. About Gray Development Group Gray Development Group was founded by architect Bruce Gray in 1991. The Phoenix-based company was the top-ranked multifamily developer in Arizona for more than a decade. The company designed and developed more than 15,000 apartment and condominium units throughout metropolitan Phoenix. Two Gray-designed developments — a Tempe midrise and a San Diego high-rise — received National Apartment Community of the Year awards.

    Construction Robotics Works Where Variation Ends

    August 11, 2026 —
    BuiltWorlds published its 2026 Robotics Top 50 this summer, and the list is genuinely wide. Fifty solutions across nine categories, from 3D printing and prefabricated component manufacturing to earthmoving, demolition, material transport, layout, installation, inspection, and drilling. The honorees come from sixteen countries. It looks like robotics has finally spread across the whole project lifecycle. However, having vendors in nine categories does not mean that contractors are robotizing their work en masse. Zacua Ventures, in its 2026 construction robotics report, estimates that on-site robotics accounted for less than 0.03% of global construction spending in 2025. Zacua says: “That is not a failed market. It is a market at the beginning of an adoption S-curve”, while warning that its estimates rest on private vendor data and may be high if vendors overstate how widely their machines are deployed. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Los Angeles Times Ranks Lewis Brisbois Third Largest Firm in LA County, Largest for Litigation

    June 08, 2026 —
    The Los Angeles Times has ranked Lewis Brisbois the third largest firm in LA County by attorney headcount, and first for number of litigation attorneys. Lewis Brisbois, whose Los Angeles office is led by Co-Managing Partners Jana I. Lubert and Kathleen Walker, has 273 attorneys working in LA County, including 167 partners. The firm ranked No. 1 for Litigation in the county, with 206 attorneys under the leadership of Partner Craig Holden. Read the full story...
    Reprinted courtesy of Lewis Brisbois