FAIR HAVEN MICHIGAN CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Construction Companies Are Nearly Seven Times Safer With These Best Practices

June 15, 2026 — ABC - Construction Executive
WASHINGTON, May 4—Associated Builders and Contractors released its 2026 Health and Safety Performance Report, an annual guide to health and safety best practices on construction jobsites. The 2026 report shows the positive effects of participating in ABC’s STEP® Health and Safety Management System, which enables top-performing ABC members to achieve incident rates 686% safer than the U.S. Bureau of Labor Statistics construction industry average, reducing total recordable incident rates by 85%. Established in 1989, STEP is a proven system that provides contractors and suppliers with a robust, no-cost framework for measuring health and safety data and benchmarking with peers in the industry. This self-assessment tool helps participants identify real opportunities for scalable growth in their health and safety programs to lower their total recordable incident rates and become an employer of choice in a competitive labor market. Reprinted courtesy of ABC, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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GRSM Secures Illinois Appellate Victory for Architectural Firm in Implied Warranty Dispute

May 14, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani Partner Jonathan Federman, Partner Thomas Cronin, and Senior Counsel Garrett Lee recently secured a victory in the Illinois Appellate Court, Fifth District, on behalf of the firm’s client, an architectural firm, in a liability dispute. The case arose following an entity’s purchase of a 111-unit building for use as an investment or rental property. The plaintiff made claims against the architect of the building, alleging that there were design defects that breached an implied warranty, as well as a negligence claim. GRSM argued that an architect could not be liable for implied warranties, particularly for an implied warranty which no Illinois court has ever recognized. GRSM further argued that Illinois law bars an architect from liability for negligence arising from a duty pursuant to contract under the economic loss doctrine. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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GRSM Secures Complete Judgment for Defense in Years-Long Dispute Spanning Multiple Venues

June 22, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani’s Hartford, Connecticut, and Dallas offices recently secured a complete defense judgment and recovery of attorney’s fees and costs in an arbitration on behalf of a longtime client, concluding a dispute that lasted several years and traversed multiple jurisdictions. The dispute initially arose in Texas state court, and almost immediately, the claimant began pursuing the matter aggressively, a pattern that continued until the day judgment was entered in GRSM’s client’s favor. GRSM’s team mounted a strong defense, achieving an early success in compelling mandatory arbitration. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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USDOT’s DBE Interim Final Rule: How It Affects Current and Out-to-Bid DOT and Airport Projects

June 15, 2026 — Zachary F. Jacobson - The Construction Seyt
In our April 16, 2026 post, we discussed the U.S. Department of Transportation’s Interim Final Rule (IFR) concerning Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) certification, specifically as it concerns transportation and airport projects in California. This post addresses a broader question: What does the IFR mean for current and out-to-bid DOT projects operating under pre-existing DBE goals? The answer is that the IFR did more than change who qualifies as a DBE. It also changed how federally funded transportation and airport projects must be handled during the re-evaluation period. This affects active contracts, pending procurements, airport projects, design-build teams, and anyone relying on old assumptions about DBE goals and counting of DBE and ACDBE credit. Read the full story...
Reprinted courtesy of Zachary F. Jacobson, Seyfarth Shaw LLP
Mr. Jacobson may be contacted at zjacobson@seyfarth.com

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World's Longest Immersed Tunnel Passes Milestone, But Faces Delays

August 03, 2026 — James Leggate - Engineering News-Record
Work on the $8-billion Fehmarnbelt Tunnel, which is planned to link Germany and Denmark as the world’s longest immersed tunnel, is progressing as crews achieved a milestone last month with the successful immersion of its first precast concrete element. But Danish state-owned project owner Femern A/S says the plan is now running at least two years behind schedule and the tunnel’s road and rail portions will open in two separate stages. Read the full story...
Reprinted courtesy of James Leggate, Engineering News-Record
Mr. Leggate may be contacted at leggatej@enr.com

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Quick Note: Don’t Spoil Evidence!!!!

March 10, 2026 — David Adelstein - Florida Construction Legal Updates
The phrase “spoliation of evidence” is a phrase that gets used, sometimes properly and sometimes improperly. The reason is that if evidence is legitimately spoiled, the opposing party wants an adverse inference jury instruction. There are two potential adverse inference jury instructions dealing with spoliation of evidence, neither of which are good, and one of which you definitely don’t want. A recent case discusses these jury instructions (check here) in a slip and fall personal injury case. The bottom line is that you need to preserve evidence relevant to a claim. Don’t lose it. Don’t intentionally destroy it. Don’t pretend it does not exist. Don’t do all the things that hinder the preservation and ultimate production of the relevant evidence. An adverse inference jury instruction (or an adverse inference implication in a non-jury trial) could be much, much worse. The facts are what the facts are. The best thing you can do is confront the facts. Confront the bad facts just like the good facts. The nature of any dispute is that there will be both good and bad facts. Bad facts can hopefully be explained recognizing there will be bad facts on the other side too. Sometimes, the bad facts warrant major strategic considerations and shifting the focus of how a dispute will be handled and presented. Whatever you do, don’t put yourself in a position where you are spoiling evidence. Once you get an adverse inference instruction, that’s it, as it’s very tough to overcome. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Why Construction Tendering Needs Specialized Intelligence

March 31, 2026 — Aarni Heiskanen - AEC Business
The construction industry has never lacked data; it lacks usable intelligence at the moments that matter most. In the high-stakes phases of tendering and pre-construction, the industry still relies on manual “Control-F” searches through thousands of pages of unstructured documents. I recently spoke with Herman Smith, a civil engineer and former Chief Digital Officer at Multiconsult, who left the corporate world to solve this specific bottleneck. His startup, Volve, isn’t just another AI wrapper; it is a specialized “drill” designed to penetrate the complexity of construction documentation. The Paradox of Digitalization without a Productivity Boost For years, the AEC industry has faced a frustrating paradox: we have more digital tools than ever, yet productivity has not improved. Herman observed this from the inside, managing hundreds of unique software licenses while seeing companies struggle to adapt to new workflows. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

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Judge's Order Halts Google Data Center Project in Minnesota

July 27, 2026 — Annemarie Mannion - Engineering News-Record
Construction of a $1-billion Google data center planned by Ryan Cos. on 485 acres in southeastern Minnesota was expected to start in July but is now halted under a judge’s order. Read the full story...
Reprinted courtesy of Annemarie Mannion, Engineering News-Record
Ms. Mannion may be contacted at manniona@enr.com

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