MOUNT VERNON KENTUCKY CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Achieving Sustainability Through Design Build Delivery: Part II – A Framework for Managing Sustainability Objectives on Private Commercial Construction

October 06, 2026 — Jennifer Harris, Tiffany Harrod & Joshua Pruett - ConsensusDocs
Part I of this series traced the history and development of sustainability in construction and explained why design-build (“DB”) contracting is particularly well suited to achieve sustainability objectives. But selecting DB contracting does not by itself ensure a sustainable outcome. The parties must define their sustainability objectives with precision, establish measurable performance criteria and identify who will measure compliance with the criteria, and also draft contract terms that clearly and fairly allocate the associated responsibilities and risks. Otherwise, the completed project may fall short of its sustainability objectives and expose the parties to claims, disputes, and litigation. Part II offers a non-exhaustive list of practical guidance for addressing these issues and reducing those risks. This article references the ConsensusDocs 310 Green Building Addendum, in conjunction with an agreement between the Owner and the Design-Builder (e.g., ConsensusDocs 415)[1], [2] and AIA Document E204–2017 Sustainable Projects Exhibit,[3] together with AIA A141,[4] as its contractual baseline. The five-part framework that follows is a roadmap for allocating sustainability risk between private owners and design-builders: define the requirements, identify hidden performance guarantees, map out the sustainable objective, address third-party certification risk, and track performance against agreed benchmarks. Reprinted courtesy of Jennifer Harris, Peckar & Abramson, P.C., Tiffany Harrod, Peckar & Abramson, P.C. and Joshua Pruett, Peckar & Abramson, P.C. Ms. Harris may be contacted at jharris@pecklaw.com Ms. Harrod may be contacted at tharrod@pecklaw.com Mr. Pruett may be contacted at jpruett@pecklaw.com Read the full story...

---

When Projects Go Off Schedule: Navigating Construction Delays and Disputes

October 20, 2026 — Shay Kulkarni - Peckar & Abramson, P.C.
Shay Kulkarni, Partner in P&A’s San Diego office, was recently featured on Racho Mesa Insurance Services’ StudioOne™ Safety and Risk Management Podcast Network, in an episode titled, “When Projects Go Off Schedule: Navigating Construction Delays and Disputes.” During the episode, Shay joins Josh Hill, Surety Account Executive at Rancho Mesa, to discuss the best practices for navigating delays, disruptions, and disputes that arise during construction projects. The conversation explores how careful contract review, thorough project documentation, timely notice, and proactive risk management can help contractors safeguard their rights and more effectively address potential conflicts. Read the full story...
Reprinted courtesy of Shay Kulkarni, Peckar & Abramson, P.C.
Mr. Kulkarni may be contacted at skulkarni@pecklaw.com

---

Building in Arizona’s Data Center Boom: How Federal Executive Orders, State Regulation, and National-Security Policy Are Reshaping the Rules for Developers

June 02, 2026 — Ryan J. Regula - Snell & Wilmer
Developers and practitioners evaluating data center projects in Arizona face a regulatory environment shifting on three fronts simultaneously. Federal executive orders are opening new land, streamlining permitting, and channeling financial incentives toward qualifying projects — but they are not preempting the state and local rules that most directly affect project economics. A carve-out in the December 2025 Artificial Intelligence (AI) Framework Executive Order preserves Arizona’s authority over data center infrastructure, meaning the Arizona Corporation Commission’s (ACC) rate-classification docket, municipal zoning restrictions, water-use ordinances, and pending grid cost-allocation legislation remain the binding constraints on project feasibility. Understanding where federal tailwinds end and state and local headwinds begin is essential for any developer sizing risk or selecting sites in the state. The Federal Landscape: An Interlocking Framework of Executive Orders Five interlocking executive orders are accelerating data center development nationally, but none overrides Arizona’s authority over siting energy, or infrastructure. Read the full story...
Reprinted courtesy of Ryan J. Regula, Snell & Wilmer
Mr. Regula may be contacted at rregula@swlaw.com

---

Integration Can Inoculate in Utah

July 20, 2026 — Mark O. Morris - Snell & Wilmer
The Utah Court of Appeals recently reaffirmed, in the construction context, Utah’s strict approach to enforcing integration clauses to preclude parol evidence and other legal theories that would vary the written terms of a contract. In Reid v. All Surface LC, 2025 UT App 134, decided last September, the court affirmed in all respects the trial court’s grant of summary judgment based on the strength of an integration clause against a homeowner who sued a contractor for breach of contract, breach of the covenant of good faith and fair dealing, fraud, negligent misrepresentation, civil conspiracy, negligence, and breach of the implied warranty of habitability. More recently, however, the same court rejected those same arguments in Tidwell v. Jensen, 2026 UT App 13 as to tort claims arising from a used car sale. The facts in Reid were sympathetic to the plaintiff. After being told she had a mold issue near a defective basement shower, the plaintiff solicited bids. A remediation contractor advised that while it could address the mold, the shower replacement should be handled by someone else. The plaintiff contacted All Surface LC, a shower replacement contractor. During an interview, the sales representative stated that All Surface could “do full mold remediation, tear everything out, and reframe the shower.” The plaintiff ultimately retained All Surface, expecting it would both resolve the mold issues and replace the shower. Read the full story...
Reprinted courtesy of Mark O. Morris, Snell & Wilmer
Mr. Morris may be contacted at mmorris@swlaw.com

---

Drilling Rig Topples at Citadel Miami Headquarters Site, Injuring Four

October 12, 2026 — Bryan Gottlieb - Engineering News-Record
An 85-ft drilling rig working at the site of Citadel's planned global headquarters in Miami toppled into Brickell Bay Drive Sept. 14, striking vehicles and a construction container, sending three workers and a motorist to hospitals. Read the full story...
Reprinted courtesy of Bryan Gottlieb, Engineering News-Record
Mr. Gottlieb may be contacted at gottliebb@enr.com

---

Voluntary Dismissal of an Indemnity Claim Does Not Make the Subcontractor a “Prevailing Party,” Washington Court of Appeals Holds

September 21, 2026 — Margarita Kutsin - Ahlers Cressman & Sleight PLLC
In King County v. Walsh Construction Company II, LLC, No. 86503-0-I (Wash. Ct. App. Aug. 4, 2025), an unpublished decision from Division I of the Washington Court of Appeals, the Court affirmed the denial of a subcontractor’s request for prevailing-party attorney fees under an indemnity clause after the general contractor voluntarily dismissed its indemnity claims. Because the indemnity claim was no longer live and no determination of fault had occurred, the Court held that the trial court did not err in denying the request. ACS represented Walsh, the general contractor, in securing the denial of the fee request at the trial court that the Court of Appeals affirmed. A Pass-Through Indemnity Claim That Ended Before Fault Was Decided The dispute arose out of a public works contract under which King County hired Walsh Construction Company II, LLC (“Walsh”) to construct and install a conveyance pipeline. After the pipeline broke, King County sued Walsh for breach of contract and warranty, expressly identifying both Walsh and its subcontractor, Mears Group Inc., (“Mears”) as responsible. Walsh tendered defense and indemnity to Mears under the subcontract. Read the full story...
Reprinted courtesy of Margarita Kutsin, Ahlers Cressman & Sleight PLLC
Ms. Kutsin may be contacted at margarita.kutsin@acslawyers.com

---

Endorsement is Void Where Compliance is Impossible

September 21, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Sixth Circuit found that the insured’s loss of property due to fire was covered despite noncompliance with an endorsement requiring encompassing the property. 3371 Reading, LLC v. Liberty Mut Group, Inc., et al., 2026 U.S. App. LEXIS 19156 (6th Cir. June 29, 2026). The insured, 3371 Reading, owned a building undergoing renovation. After the structure burned down, 3371 Reading made a claim under its policy with Ohio Casualty Insurance Company. Ohio Casualty relied on an endorsement requiring fencing round the jobsite. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---

Chambers USA Recognizes Hunton’s Insurance Coverage Practice in 2026 Guide

June 29, 2026 — Hunton Insurance Recovery Blog
Hunton is pleased to announce that its insurance coverage practice was recognized nationally for Insurance: Dispute Resolution – Policyholder in the recently released 2026 Chambers USA guide. The team also received state rankings in Florida (Insurance: Dispute Resolution), Georgia (Insurance), the District of Columbia (Insurance: Policyholder), and Massachusetts (Insurance). In addition to the insurance team’s group recognition across multiple states, the 2026 guide included individual rankings for Lorelie “Lorie” S. Masters (USA Nationwide and District of Columbia), Latosha M. Ellis (District of Columbia), Michael S. Levine (District of Columbia), Koorosh “KT” Talieh (District of Columbia), Walter J. Andrews (Florida), Andrea DeField (Florida), Cary D. Steklof (Florida), Lawrence J. Bracken II (Georgia), and Geoffrey B. Fehling (Massachusetts). Read the full story...
Reprinted courtesy of Hunton Andrews Kurth LLP

---