Mc Allister Montana Construction Expert Witness Directory

Insured’s Bad Faith Claim Survives Summary Judgment

July 13, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The insurer’s motion for partial summary judgment to dispose of the insured’s bad faith claim was unsuccessful. Page v. State Farm Lloyds, 2026 U.S. Dist. LEXIS 102293 (E.D. Texas March 18, 2026). Plaintiff insured alleged that hail and a windstorm caused damage to his property. The damage was reported to the defendant insurer. A claims adjuster inspected the property. Defendant then paid plaintiff $24,493.06, which was the total of the estimated damage minus depreciation and the deductible. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Turning Expert Services into Products

July 20, 2026 — Aarni Heiskanen - AEC Business
A Finnish engineering, architecture, and project consulting company, AINS Group, recently opened an online store to purchase fixed-price services. The store presents specialist work in a product-like format, with fixed service names, defined scopes, and visible prices, such as a building history report, a zoning plan cost analysis, and a technical preliminary survey for a property transaction. Is this productization a smart move or a sign that expert services are being commoditized? Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Parking Garage Partially Collapses in Dearborn, Mich., Trapping One

March 31, 2026 — Annemarie Mannion - Engineering News-Record
A multi-level parking garage that partially collapsed in Dearborn, Mich., is fenced off and the city has started the legal process allowed under state law to demolish the privately-owned structure due to alleged dangerous conditions. Read the full story...
Reprinted courtesy of Annemarie Mannion, Engineering News-Record
Ms. Mannion may be contacted at manniona@enr.com

Trend Continues Where Unlicensed Contractors Have No Recourse

July 13, 2026 — David Adelstein - Florida Construction Legal Updates
There’s been a recent trend in Florida case law that has figuratively “killed” unlicensed contractors. Here’s another one. The moral to this trend and case is simple: make sure you have the proper licenses prior to serving as a contractor under Florida law. Trying to be cute, as seemed to be the situation in this case with a creative argument, is not an argument that will carry the day and your resources will be devoted to being creative versus the ultimate merits of the dispute. In Ramindesign, LLC v. Skarzynski, 2026 WL 1649571 (S.D.Fla. 2026) an owner of real property hired a company to design and construct a spec home on the property. The company and its owner were NOT licensed contractors. The contract stated the company was serving as a “spec developer” and referred to it as the contractor throughout the contract. Other than this, the contract was set up as a cost plus a fee. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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

NJ Public Works Contractors Beware – Pay Special Attention When Submitting Your Public Works Contractor Registration

May 26, 2026 — Levi W. Barrett & Aaron C. Schlesinger - Peckar & Abramson, P.C.
While it is always important to be careful when making submissions to government agencies, recent activity by the New Jersey Department of Labor and Workforce Development (“NJDOL”) reveals considerably increased scrutiny in connection with contractors renewing their New Jersey Public Works Registration. Extra care when completing the registration renewal process is warranted, because the consequences of a misstep can be significant and disruptive. The New Jersey Public Works Contractor Registration Act requires all contractors bidding on or engaging in construction-related public works projects to register with the NJDOL. This registration, which must be resubmitted every 1-2 years, requires contractors to make a number of detailed disclosures relating to, among other things, the entity’s ownership structure, prior state and federal labor law violations, details regarding interests in other businesses, unlawful acts by owners/officers, and participation in apprenticeship programs. Reprinted courtesy of Levi W. Barrett, Peckar & Abramson, P.C. and Aaron C. Schlesinger, Peckar & Abramson, P.C. Mr. Barrett may be contacted at lbarrett@pecklaw.com Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com Read the full story...

Wadsworth v. Regional Rail Partners — Verified Statements of Claim Under the Colorado Public Works Act

August 25, 2026 — Olivia Barden - Colorado Construction Litigation Blog
Editor’s Note: Wadsworth Revisited In August 2024, following the Colorado Court of Appeals’ decision in Ralph L. Wadsworth Construction Company, LLC v. Regional Rail Partners, we published Colorado Court of Appeals’ Ruling Highlights Dangers of Excessive Public Works Claims. At the time, the decision warranted a significant warning to contractors and subcontractors performing public work in Colorado. The Court of Appeals concluded that Wadsworth’s verified statement of claim improperly included unliquidated delay damages and that, because the claim was excessive, Wadsworth forfeited its right to recover the amounts included in the claim. We cautioned contractors to carefully scrutinize verified statements of claim and to avoid including unliquidated damages or amounts that were not yet due and payable. The Colorado Supreme Court has now reversed that decision. Read the full story...
Reprinted courtesy of Olivia Barden, Higgins, Hopkins, McLain & Roswell, LLC

GRSM Attorneys Recognized in The Best Lawyers in America® 2027

August 24, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani is pleased to announce that 183 of its attorneys were listed in The Best Lawyers in America© 2027 Edition, six of whom received “Lawyer of the Year” recognitions. Additionally, 49 GRSM attorneys were recognized in Best Lawyers: Ones to Watch 2027. Best Lawyers lists are compiled based on peer-review evaluations. For the 2027 edition of The Best Lawyers in America®, results were determined using millions of confidential attorney evaluations. Ones to Watch adopts the same peer-review methodology. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

MC ALLISTER MONTANA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES