APPLEGATE MICHIGAN CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Texas Voids Out-of-State Forum and Choice of Law Clauses in Construction Contracts

March 17, 2026 — Conor G. Bateman - Snell & Wilmer
The Texas Legislature amended statutes impacting construction contracts for projects located in Texas to declare any forum selection clause or choice of law provision “void as against public policy,” and mandate venue for any litigation or arbitration shall be in the Texas county in which the work is performed. The parties may stipulate to a different venue only after the dispute arises. Forum selection clauses and choice of law provisions are common in construction contracts. Frequently, general contractors based in other jurisdictions require subcontractors to sign contracts designating the contractor’s preferred venue for any dispute. These contracts may also select the law of another state to govern the contract. Read the full story...
Reprinted courtesy of Conor G. Bateman, Snell & Wilmer
Mr. Bateman may be contacted at cbateman@swlaw.com

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A Permitting Base Checklist for Data Centers and Power Plants

June 02, 2026 — Michael S. McDonough, Stephen J. Humes & Stacey C. Wright - Gravel2Gavel Construction & Real Estate Law Blog
There is a lot of talk these days about “license to operate” for data centers, meaning management of the relationships with stakeholders and broader communities concerning both the benefits and adverse consequences of locating a facility in a particular locale. Here, we are speaking of “license to operate” more literally—namely, the legal and regulatory permitting and approval requirements for a privately owned data center whether by itself or colocated with a power generating plant. Our Base Checklist includes generally and potentially applicable permitting requirements for development and operation, using California as an example. (Taking legal authority Frank Sinatra out of context, “If you can make it there, you can make it anywhere.”) The actual requirements for a given facility would depend, in part, on local law, including planning and zoning laws and plans, and the environment of the site. Just as examples, additional permitting and mitigation requirements might apply if sensitive receptors are located nearby (e.g., noise mitigation for residential dwellings), if sensitive and protected biological resources (e.g., jurisdictional waters and/or protected species) would be impacted, or if the present or former land uses require additional measures (e.g., hazardous materials remediation, mitigation for conversion of prime farmland, or protection of cultural resources). The scope of permit requirements would ultimately be determined by the applicable regulatory agencies and by the lead and responsible agencies under the applicable state environmental land use regime—in our reference case here, the California Environmental Quality Act (CEQA). Reprinted courtesy of Michael S. McDonough, Pillsbury, Stephen J. Humes, Pillsbury and Stacey C. Wright, Pillsbury Mr. McDonough may be contacted at michael.mcdonough@pillsburylaw.com Mr. Humes may be contacted at stephen.humes@pillsburylaw.com Ms. Wright may be contacted at stephen.humes@pillsburylaw.com Read the full story...

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Insurer’s Federal Suit Dismissed in Favor of Insured’s State Suit

April 14, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court granted the insured’s motion to dismiss the insurer’s federal suit for declaratory judgment because the insured filed a more complete action in state court. Church Mut. Ins. Co. v. Elmwood Baptist Church, 2025 U.S. Dist. LEXIS 259762 (S.D. W.V. Dec. 16, 2025). Elmwood purchased a property policy from Church Mutual Insurance Company. After the roof of Elmwood’s property collapsed, the parties disputed the amount Church Mutual owed to Elmwood. Church Mutual filed suit in federal district court asking for a declaration that the policy was “void ab initio,’ or, alternatively, that Church had fully compensated Elmwood for its 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

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Top 10 Insurance Cases of 2025

January 26, 2026 — Jeffrey J. Vita, Michelle A. Grieco, Kiley Stackpole - Saxe Doernberger & Vita, P.C.
The insurance landscape continues to evolve, shaped by litigation that tests the limits of policy language, coverage obligations, and public policy considerations. In 2025, courts across the country issued several significant rulings that will influence how insurers and policyholders navigate claims and risks. Notable trends in 2025 include disputes over property coverage for wildfire and smoke damage, the treatment of interrelated claims under successive D&O policies, enforcement of arbitration clauses in international insurance contracts, and general liability coverage issues—such as construction exclusions for phased projects and limits on coverage for losses tied to the opioid crisis. This publication spotlights the top insurance cases of 2025, highlighting their legal reasoning, practical implications, and impact for policyholders—plus a look ahead at key cases to watch in 2026. Reprinted courtesy of Jeffrey J. Vita, Saxe Doernberger & Vita, P.C., Michelle A. Grieco, Saxe Doernberger & Vita, P.C. and Kiley Stackpole, Saxe Doernberger & Vita, P.C. Mr. Vita may be contacted at JVita@sdvlaw.com Ms. Grieco may be contacted at MGrieco@sdvlaw.com Ms. Stackpole may be contacted at KStackpole@sdvlaw.com Read the full story...

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Water Reuse Emerges as a Critical Strategy for Data Center Development

June 22, 2026 — Ashleigh Myers, Jillian Marullo & Jason Drogin Atwood - Gravel2Gavel Construction & Real Estate Law Blog
As demand for data centers continues to accelerate, water availability is emerging as a critical factor in project development and long-term operations. Although power supply and transmission access have historically dominated siting discussions, increasing water constraints in many regions are placing greater focus on the substantial volumes of water required to support data center cooling systems. As we covered previously, data centers are frequently located in areas already experiencing water stress and require substantial volumes of water to operate—roughly 228 billion gallons in 2023 in the United States alone—with water use projected to increase by up to 170% by 2030. Alternative cooling options, such as free-air cooling or mechanical chillers, can reduce direct water consumption but introduce their own tradeoffs. Free-air cooling is climate-dependent and often ineffective in hotter regions, while mechanical chillers increase energy demand, potentially shifting water consumption upstream through increased electricity generation. Reprinted courtesy of Ashleigh Myers, Pillsbury, Jillian Marullo, Pillsbury and Jason Drogin Atwood, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Mr. Atwood may be contacted at jason.atwood@pillsburylaw.com Read the full story...

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At the Intersection of Indemnity and Prevailing Wages

March 17, 2026 — Garret Murai - California Construction Law Blog
In a case that I’m frankly surprised I don’t see more of, the 2nd District Court of Appeal of California examined an indemnity claim by a subcontractor against a general contractor and public entity who mistakenly believed that a construction project did not require the payment of prevailing wages. The Nabors Case In Nabors Corporate Services, Inc. v. City of Long Beach, 108 Cal.App 540 (2025), subcontractor Nabors Corporate Services, Inc. sued general contractor Tidelands Oil Production Company and the City of Long Beach after it was found liable in a class action lawsuit for failing to pay prevailing wages to its employees. Nabors’ contract with Tidelands did not require the payment of prevailing wages and neither Tidelands nor the City believed that the project, which involved “oil well plug and abandonment” work, required the payment of prevailing wages. Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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Differing Site Conditions Claim Requires a Misrepresentation

May 14, 2026 — David Adelstein - Florida Construction Legal Updates
If you are entertaining a differing site conditions claim, consider this Third District Court of Appeals case from the mid-90s. In Hendry Corp. v. Metropolitan Dade County, 648 So.2d 140 (Fla. 3d DCA 1995), a contractor was hired by Dade County to demolish the old Rickenbacker Causeway in Miami. The original 1941 plans of the causeway were made available to contractors. The lowest bidding contractor that was awarded the project based its bid “on its conclusion that the pilings supporting the old bridge were made of concrete.” Hendry, supra at 141. The contractor based this conclusion on the original plans, its visual observation, and experience. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Texas Court Revives Construction Defect Claims: Key Lessons for Managing Latent Defect Risk

January 21, 2026 — Spencer E. Dunn & Melissa Osio Martinez - Wood Smith Henning Berman
Construction projects often involve intricate designs, multiple stakeholders, and complex performance obligations. When problems surface years after completion, parties must navigate a difficult landscape that blends contract law, tort doctrines, and statutory deadlines. A recent decision from the Fourth Court of Appeals of Texas provides meaningful guidance on how courts will evaluate latent construction defect claims, the applicability of the discovery rule, and the limits of the economic loss doctrine. In Morningside Ministries v. Koontz McCombs Construction, Ltd., the court reversed summary judgment entered in favor of the general contractor and project manager, reviving the owner's claims and offering important lessons for owners, contractors, and insurers facing construction defect disputes. Background of the Dispute Morningside Ministries operates senior living communities across Texas. In 2012, It contracted with Koontz McCombs Construction, Ltd. (Koontz) to construct The Overlook, a significant expansion of Morningside's Menger Springs campus in Boerne. The contract required Koontz to build 100 new senior living units along with common areas and site improvements, and placed responsibility for construction quality, including the work of subcontractors, on Koontz. Reprinted courtesy of Spencer E. Dunn, Wood Smith Henning Berman and Melissa Osio Martinez, Wood Smith Henning Berman Mr. Dunn may be contacted at sdunn@wshblaw.com Ms. Martinez may be contacted at mosiomartinez@wshblaw.com Read the full story...

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