FULTON MISSOURI CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Construction Attorneys: Contract Negotiation Strategy

September 01, 2026 — Construction Executive
Contract negotiation is where project expectations become enforceable business obligations. A reasonable bid can become a high-risk agreement when the final contract expands the scope, shortens notice periods, limits payment rights or transfers liability that was never included in the price. Construction attorneys help project leaders identify those consequences before execution. Their role is not to eliminate every risk or prolong negotiations. It is to determine which risks can be controlled, insured, priced, shared or rejected while preserving a workable deal. The financial stakes can be substantial. HKA's 2025 analysis of more than 2,200 distressed construction and engineering projects found that disputed costs averaged 33.4% of contract budgets. Scope changes affected more than 28% of the projects studied and remained the most common cause of conflict. In North America, the average dispute studied by Arcadis in 2024 had a value of $60.1 million and took 12.5 months to resolve. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Bad Faith Claim Survives Summary Judgment

June 08, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court denied the insurer’s motion for partial summary judgment on the insured’s bad faith claim, but granted the motion on the insured’s claim for punitive damages. Serbian Orthodox Church v. Brotherhood Mut. Ins. Co., 2026 U.S. Dist. LEXIS 58234 (S.D. Cal. March 19, 2026). On February 1, 2023, the Church filed a claim for water damage with Brotherhood Mutual Insurance Company (BMIC). The claim was based on rain and wind that caused extensive water intrusion into the Sanctuary, damaging its plaster walls and ceilings and fresco paintings. The claim was assigned to Patrick Hurley. Hurley sent a letter discussing potential bars to coverage and requesting further information and documents from the Church. 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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We Won’t Permit That Excuse!

June 23, 2026 — Curt Martin & Richard Eiszner - ConsensusDocs
A Texas appellate court recently ruled that a building permit wasn’t a condition precedent for a construction project. That caught our attention. Can you build a commercial project without a permit? But as we read the case, we see the court’s reasoning. And it reminds us of an important legal principle that should inform our contract drafting and negotiation. The case was a civil suit brought by the project owner against its tenant improvement contractor for work on a medical spa. The owner claimed that the contractor didn’t perform the work properly and didn’t finish construction. The contractor argued that delays and problems were caused by the owner, alleging numerous failures, including the owner’s failure to secure a building permit. Reprinted courtesy of Curt Martin, Peckar & Abramson, P.C. and Richard Eiszner, Peckar & Abramson, P.C. Mr. Martin may be contacted at cmartin@pecklaw.com Mr. Eiszner may be contacted at reiszner@pecklaw.com Read the full story...

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EPA Steps Back, Arizona Moves Forward

May 12, 2026 — Patrick J. Paul, John Habib & Sukhmani K. Singh - Snell & Wilmer
In a significant development for Arizona’s business community and environmental policymakers, the U.S. Environmental Protection Agency (EPA) has paused its planned reclassification of Maricopa County from “Moderate” to “Serious” ozone nonattainment status pursuant to the Clean Air Act’s National Ambient Air Quality Standards (NAAQS). This decision marks a shift in federal air policy — one that recognizes the unique challenges faced by regions like metro Phoenix, where environmental conditions beyond local control are often key contributors to air quality readings. The EPA’s move follows a series of meetings between EPA Administrator Lee Zeldin, Arizona elected officials, and business and civic leaders, including a recent roundtable in Phoenix convened by U.S. Senator Mark Kelly. In announcing the pause, Zeldin acknowledged the need for flexibility and fairness in the application of Clean Air Act standards, especially when emissions from other states, nations, and natural events significantly influence local air quality. Reprinted courtesy of Patrick J. Paul, Snell & Wilmer, John Habib, Snell & Wilmer and Sukhmani K. Singh, Snell & Wilmer Mr. Paul may be contacted at ppaul@swlaw.com Mr. Habib may be contacted at jhabib@swlaw.com Ms. Singh may be contacted at ssingh@swlaw.com Read the full story...

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RONI: What You Lose by Not Investing in AI – With Sam Zolfagharian

September 21, 2026 — Aarni Heiskanen - AEC Business
Sam Zolfagharian returns to the AEC Business Podcast for her second appearance. She is an AI strategist, keynote speaker, and the author of two books, Disrupt It and Future by Design. She spoke at the AI in AEC conference in Helsinki in March, and we picked up the conversation where that keynote left off. The starting point was a question her clients keep raising. Executives are being asked by their boards about the return on their AI investments, and many of them do not have an answer they trust. This episode is about what to measure instead, and when the dollar figure finally becomes the right number to look at. 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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ACEC Research Institute Report: Real Risk of AI Isn’t Technology. It’s the Org Chart.

September 01, 2026 — ACEC Research Institute
WASHINGTON (August 19, 2026) – The ACEC Research Institute today released Leading Through AI Risk: The Enterprise Framework for Engineering Firm Leaders, a new study finding that the most significant risks artificial intelligence poses to engineering firms are organizational rather than technological, and that firms treating AI as an IT initiative are managing the wrong issue. The report, part of the Institute’s yearslong Firm of the Future initiative, combines an extensive literature review with in-depth interviews of 21 leaders drawn from engineering firms, public infrastructure owners, technology vendors, insurance and legal professionals, licensing and regulatory agencies, and AI consultants. The report groups AI risk into eight interconnected domains:

• technical reliability and model risk
• professional liability and standard of care risk
• data governance, privacy, and intellectual property risk
• organizational and workforce risk
• ethical, regulatory, and reputational risk
• operational and cybersecurity risk
• financial and business model risk
• strategic leadership and enterprise governance risk

The last serves as the integrating domain through which firms coordinate responsible AI adoption enterprise wide. The report stresses that firms do not experience these risks one at a time. Weak oversight may create legal liability. Workforce gaps may affect quality assurance. “Understanding these interactions,” the study notes, “is often more important than understanding individual risks independently.” About the ACEC Research Institute The ACEC Research Institute is the independent research arm of the American Council of Engineering Companies (ACEC). Its mission is to fund and deliver research to equip the engineering industry with actionable intelligence on the issues critical to its success. Learn more at www.acecresearchinstitute.org.

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Five Snell & Wilmer Partners Named to Utah Business’ 2026 Legal Elite

September 29, 2026 — Snell & Wilmer
SALT LAKE CITY – Snell & Wilmer is pleased to announce that five partners have been named to Utah Business’ 2026 “Legal Elite.” The annual recognition honors leading Utah attorneys who are making a meaningful impact in their respective areas of practice. Honorees are peer-nominated and selected by a panel of experienced legal and law enforcement professionals based on their legal knowledge, commitment to ethical standards, and professional achievements. Wade R. Budge is a land use and real estate lawyer with significant experience advising developers and owners in all aspects of real estate development. He has negotiated entitlements for master planned communities, industrials projects, retail centers, office buildings, subdivisions, and mountain resorts throughout Utah. He also regularly represents clients in the use, acquisition, and disposition of real estate projects throughout the Western United States. Budge has advised developers in obtaining public incentives and using public finance tools, including tax increment financing, to facilitate new and redevelopment projects, and regularly advises clients with government relations matters involving state and local governments. Budge has negotiated public-private partnerships with dozens of local governments and with every one of the state’s development agencies, including the Point of the Mountain State Land Authority, the Military Installation Development Authority, and the Utah Fairpark Area Investment and Restoration District. Read the full story...
Reprinted courtesy of Snell & Wilmer

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Kahana Feld Opens New Office in Sacramento, Adding Key Litigator and Expanding Northern California Footprint

August 24, 2026 — Kahana Feld
IRVINE, CA – Aug. 11, 2026 – Kahana Feld is pleased to announce the opening of a new office in Sacramento, CA. This will be the firm’s 19th office across the United States. Partner Melvin F. Marcia has joined Kahana Feld and will lead the opening of the Sacramento office. He is joined by attorneys Matthew Brenner and Britney Lucchesi as well as paralegal Michelle Welcker. “We’re excited to welcome Melvin to the Kahana Feld team and expand our footprint in Northern California,” said Amir Kahana, Firmwide Managing Partner of Kahana Feld. “His addition strengthens Kahana Feld’s capabilities and will allow us to work more closely with our general liability, construction defect, and labor and employment clients in the Sacramento area while continuing to provide the level of service and experience they have come to expect from our firm.” Read the full story...
Reprinted courtesy of Kahana Feld

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