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    Construction Expert Witness News and Information
    For Port Penn Delaware


    Sometimes you Need to Consider the Coblentz Agreement

    How SmartThings Wants to Automate Your Home

    Mitigating Mold Exposure in Manufacturing and Multifamily Buildings

    “Wait! Do You Have All Your Ducks in a Row?” Filing of a Certificate of Merit in Conjunction With a Complaint

    Are Modern Buildings Silently Killing Us?

    Buffett Says ‘No-Brainer’ to Get a Mortgage to Short Rates

    Value In Being Deemed “Statutory Employer” Under Workers Compensation Law

    Specified Or Designated Operations Endorsement – Limitation of Insurance Coverage

    Singapore Unveils Changes to Make Public Housing More Affordable

    Construction Contract Basics: Venue and Choice of Law

    It’s (Not) Discretionary

    Parking Garage Partially Collapses in Dearborn, Mich., Trapping One

    Reminder About the Upcoming Mechanic’s Lien Form Change

    Los Angeles Seeks Speedier Way to Build New Affordable Homes

    HDR Agreed to $12M Settlement With Miami Bridge Design-Build Team

    Can We Compel Insurers To Cover Construction Defect in General Liability Policies?

    New WA Law Caps Retainage on Private Projects at 5%

    Design-Assist Collaboration/Follow-up Post

    Spain’s Sagrada Familia: Contemporary Construction Methods Speed Iconic Basilica to Completion

    Anatomy of a Construction Dispute- An Alternative

    Florida trigger

    Construction Termination Part 2: How to Handle Construction Administration When the Contractor Is Getting Fired

    'You're Talking About Lives': The New Nissan Stadium

    Corps, State Agencies Prep for Flood Risks From California Snowmelt Runoff

    New York Team’s Win Limits Scope of Property Owners’ Duties to Workers for Hazards Inherent in Their Work

    Biden Unveils $2.3 Trillion American Jobs Plan

    California Court of Appeal Affirms Trial Court’s Denial of anti-SLAPP Motion in Dispute Over Construction of Church Facilities

    Committeewoman Requests Refund on Attorney Fees after Failed Legal Efforts

    Coverage Under Builder's Risk Policy Properly Excluded for Damage to Existing Structure Only

    Consider The Limited Warranty from Your Homebuilder

    Will a Notice of Non-Responsibility Prevent Enforcement of a California Mechanics Lien?

    Savera Sandhu Joins Newmeyer Dillion As Partner

    Late Progress Payments on Local Public Works Projects Are Not a Statutory Breach of Contract

    Sales of New U.S. Homes Slump to Lowest Level Since November

    The Future Looks Bright for Construction in 2015

    Defense Dept. IG: White House Email Stonewall Stalls Border Wall Contract Probe

    Prospective Additional Insureds May Be Obligated to Arbitrate Coverage Disputes

    New Jersey Appeals Court Ruled Suits Stand Despite HOA Bypassing Bylaw

    The Colorado Court of Appeals Rules that a Statutory Notice of Claim Triggers an Insurer’s Duty to Defend.

    Real Estate & Construction News Round-Up (08/10/22)

    Hunton Andrews Kurth’s Insurance Recovery Practice, Andrea DeField and Cary D. Steklof, Recognized as Legal Elite

    California Court of Appeals Says, “We Like Eich(leay)!”

    Rams Owner Stan Kroenke Debuts His $5.5 Billion Dream Stadium

    What California’s COVID-19 Reopening Means for the Construction Industry

    New York Court Holds That the “Lesser of Two” Doctrine Limits Recoverable Damages in Subrogation Actions

    Stormy Skies Ahead? Important News Regarding a Hard Construction Insurance Market

    Construction Defect Settlement in Seattle

    Maybe Supervising Qualifies as Labor After All

    Right to Repair Reform: Revisions and Proposals to State’s “Right to Repair Statutes”

    Measure of Damages for a Chattel Including Loss of Use
    Corporate Profile

    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

    Brenda Radmacher Authors Chapter in ABA Publication on Construction Delays

    May 26, 2026 —
    Brenda Radmacher, a partner in Seyfarth’s Construction Law practice and a mediator and arbitrator serving on the American Arbitration Association’s panels, is among the contributing authors to the American Bar Association’s forthcoming guide on construction disputes: Time – The Legal Implications of Project Delay in Construction. Drawing on three decades of experience, Radmacher authors Chapter 8, Contractor Delay Damages, offering practical insight into one of the most contested issues in construction litigation and arbitration. Read the full story...
    Reprinted courtesy of Brenda Radmacher, Seyfarth Shaw LLP

    Bona Fide Dispute Defeats Violation of Prompt Payment Act

    June 15, 2026 —
    Most, if not all, jurisdictions, including the federal government, have what is known as a “Prompt Payment Act.” The objective is to ensure prompt payment. If prompt payment is not made, the Prompt Payment Act provides for interest penalties, as well as potentially other costs such as attorney’s fees. But the thing is, it’s not as simple as untimely payment to support the recourse and interest penalties the applicable Prompt Payment Act affords. And the teeth associated with the applicable Prompt Payment Act are not as sharp as perhaps the party claiming untimely payment prefers. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Thank You All for 10 Years Straight of VA Super Lawyers

    May 05, 2026 —
    It is with humility and a sense of accomplishment that I announce that I have been selected for the tenth straight year to the Virginia Super Lawyers in the Construction Litigation category for 2026. Add this to my recent election to the Virginia Legal Elite in Construction and I’ve had a pretty good year. As always, I am thrilled to be included on these peer-elected lists. Your confidence in my work is very gratifying. So without further ado, thank you to my peers and those on the panel at Virginia Super Lawyers for the great honor. I feel quite proud to be part of the 5% of Virginia attorneys that made this list for 2026. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    GRSM Ranked Among Texas’ 50 Largest Law Firms by Texas Lawyer

    August 03, 2026 —
    Gordon Rees Scully Mansukhani has been recognized byTexas Lawyer in its 2026 Texas 100 ranking, earning the No. 49 spot among the state’s largest law firms by attorney headcount. The annual report spotlights the continued strength of Texas’ legal market, with firms across the state collectively increasing lawyer headcount by 2% in 2025. “Texas continues to be one of the country’s most thriving legal and business markets, and we are proud to be recognized among the state’s largest law firms,” said Laura De Santos, Regional Oversight Partner for Texas. “Our continued growth shows the confidence our clients place in us, the exceptional talent of our attorneys, and our commitment to delivering seamless, high-quality legal services throughout Texas and across our 50-state platform.” Read the full story...
    Reprinted courtesy of Gordon Rees Scully Mansukhani

    Additional Insureds Owed a Defense in Underlying Personal Injury Suit

    March 03, 2026 —
    The court granted partial summary judgment on the duty to defend to two additional insureds who were named as defendants in the underlying personal injury suit. In re Third St. Equity, LLC, 2025 U.S. Dist. LEXIS 234909 (E.D. N. Y. Dec. 2, 2025). Third Street Equity LLD hired Developing NY State, LLC as the contractor for a construction project. Developing NY entered a subcontract agreement with Capital Source Concrete NY LLC for concrete work as well as labor and services for a construction project. The subcontract required that Capital Concrete keep the construction site free of debris, waste material or rubbish. Further, Capital Concrete was responsible for compliance with OSHA safety regulations. It was also agreed that Capital Concrete would obtain liability and workers compensation insurance naming Third Street and Developing NY as additional insureds. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Agent Not Liable for Loss Given Insured’s Vague Instructions for Coverage

    April 08, 2026 —
    The Illinois Appellate Court affirmed the district court’s grant of summary judgment to the insured’s agent because there was no breach of duty. Jon Van Order v. Hauk, et al., 2025 Ill. App. Unpub. LEXIS 2378 (Ill. Ct. App. Dec. 23, 2025). The insured began renovating a vacant home in October 2018. He met with agent Joseph Hauk and explained the property was vacant and would be going through renovations for the next several months. Hauk then procured a policy through Shelter Insurance Company insuring the vacant property against several specified perils. The policy provided coverage for water damage if “[t]he exterior of the building sustained a covered loss” and “that loss created an opening through which the water entered.” Damage caused by escaping water from within a plumbing system was excluded if: (1) the damage was caused by a “continuous or repeated leakage over a period of fourteen days or more” or (2) the insured premises had been vacant for 30 consecutive days immediately preceding the loss. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    DOI Finalizes Long-Awaited Modernization of Type A Natural Resource Damage Assessment Regulations

    August 03, 2026 —
    For nearly three decades, the U.S. Department of the Interior’s (DOI) simplified “Type A” Natural Resource Damage Assessment (NRDA) regulations were available more in theory than in practice, constrained by dated models, narrow geographic applicability and a $100,000 cap that rarely matched the economics of modern environmental claims. DOI has now finalized revisions to the Type A natural resource damages assessment procedures under 43 C.F.R. Part 11 for hazardous substance releases under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Clean Water Act (CWA), with the final rule published in the Federal Register on July 13, 2026 and scheduled to become effective August 12, 2026. As discussed previously, DOI has sought to modernize what it views as an “inefficient and inflexible” process and restore the Type A procedure to its intended role as a more streamlined pathway for smaller, less contentious NRD claims. The final rule adopts a $5 million default damages threshold, allows use above that amount if all parties agree, clarifies that Type A may be used in all environments and for all natural resource types, and removes legacy model appendices that had tethered the process to outdated formulas. Reprinted courtesy of Amanda G. Halter, Pillsbury, Ashleigh K. Myers, Pillsbury and Jillian Marullo, Pillsbury Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Read the full story...

    Samuel Alhadeff Represents LGI Homes in Acquisition and Re-Entitlement of Maravilla Estates

    July 06, 2026 —
    Temecula Partner Samuel Alhadeff recently represented LGI Homes in its acquisition and re-entitlement of Maravilla Estates, a 169-lot active adult community located in San Jacinto, California. The acquisition and re-entitlement of the project provide LGI Homes with the opportunity to deliver much-needed age-qualified housing in one of Riverside County's growing residential markets. The community includes a recorded final map and finished lots, as well as future development inventory and planned amenities, positioning the project for continued development and completion. Read the full story...
    Reprinted courtesy of Lewis Brisbois