Bouton Iowa Construction Expert Witness Directory

Insurer Cannot Raise Issues on Appeal that Were Not Presented to the Trial Court

June 15, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Florida Court of Appeals affirmed a judgment on a collapse claim for the insured, rejecting the insurer’s arguments that were not presented to the trial court. Homeowner’s Choice Prop. & Cas. Ins, Co. v. Oakes, 2026 Fl. App. LEXIS 2086 (Fl. Ct. App. March 18, 2026). The insured’s ceiling collapsed in the secondary home on the insured’s property. The claim was reported to the insurer, but coverage was denied after its investigation. The insured sued the insurer for breach of contract. Under the Additional Coverage provisions of the policy, collapse was covered if it was “abrupt.” An abrupt collapse was not covered, however, if exclusions for “Fungi, Wet or Dry Rot” and “faulty, inadequate or defective design, specifications, workmanship, repair, construction, renovation, remodeling, materials or maintenance” applied. The collapse provisions contained no language stating that the coverage granted in the provision was also subject to all the other exclusions in the policy. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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

April 20, 2026 — Pam McFarland - Engineering News-Record
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

LA Fire Victims Can Pursue City Utility Claims, Judge Rules

March 10, 2026 — Jef Feeley & Maxwell Adler - Bloomberg
The water and power utility that serves the city of Los Angeles must face hundreds of lawsuits faulting its response to the massive 2025 wildfire that leveled one of the city’s premier seaside neighborhoods and caused tens of billions of dollars in damage. In a significant victory for fire victims, Los Angeles Superior Court Judge Samantha Jessner concluded in a written ruling Thursday that a unique California law allows property and business owners to pursue claims that the Los Angeles Department of Water and Power failed to supply enough water to fight the blaze that consumed the Pacific Palisades area. Over strong objections from lawyers for the nation’s largest public utility, Jessner finalized a tentative ruling she issued last week concluding victims have a legal basis to move forward with allegations a city reservoir drained for repairs left fire hydrants with inadequate water pressure and helped the wind-whipped blaze get out of control. Reprinted courtesy of Jef Feeley, Bloomberg and Maxwell Adler, Bloomberg Read the full story...

High-Rise Design and Construction: Then, Now, and Next

March 16, 2026 — Aarni Heiskanen - AEC Business
The Empire State Building was built in 14 months. Since 2010, the average completion time for a 200-meter-plus building has increased from 4.3 to 5.8 years. Buildings have become more complex, and there's more regulation than in the 1930s. Still, there are ways to make high-rise construction more efficient. An Unlikely Benchmark From 1930 When construction began on the Empire State Building on March 17, 1930, the world was in the midst of the Great Depression. That turned out to be an advantage. Contractors Starrett Brothers & Eken had access to a vast, motivated workforce, peaking at 3,439 workers on a single day in August 1930. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Suit Limitation Provision Eliminates Wind Loss Claim

July 27, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The insurer’s motion for judgment on the pleadings was granted after the insured failed to file suit against the insurer within the policy’s two-year suit limitation provision. Interstate Investments, LLC v. Mt. Hawley Ins Co., 2026 U.S. Dist. LEXIS 98108 (S.D. N. Y. May 4, 2026). On or before June 27, 2023, a wind, hail and rainstorm damaged Interstate’s property in Oklahoma. Interstate filed a claim under its policy with Mt. Hawley. The policy provided that New York law applied and contained a two- year suit limitation provision. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Cuomo Bridge Lawsuit Adversaries Weigh Mediated Settlement

July 06, 2026 — Richard Korman - Engineering News-Record
Rival legal teams have reached a critical juncture as they consider a mediated settlement in one of two major payment lawsuits pending between a design-build contracting team and the New York State Thruway Authority over construction of the more than $3-billion Mario M. Cuomo Bridge north of New York City. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

The Who/What/How of Sealing Plans for Architects and Engineers (Law Note)

March 03, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
The proper use of professional seals in North Carolina is critical. Failure to follow the prescribed requirements can subject you or your Firm to a Board sanction. Did you know that the NC Board of Architecture and the NC Engineering Board have jointly prepared a fairly straightforward document that can tell you exactly what you need to know about sealing of plans? That document, the “Seal Brochure” (pdf) is available for download. Every state’s regulations are a little different (thank you Federalism!) so it is worth reviewing with your staff at regular intervals, especially if you do work across state lines. Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

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

August 03, 2026 — Gordon Rees Scully Mansukhani
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

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