GOEHNER NEBRASKA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

EPA, Maryland Sue DC Water Over Massive Potomac River Sewage Spill

May 14, 2026 — Jim Parsons - Engineering News-Record
The state of Maryland and the federal government have filed separate lawsuits against the District of Columbia Water and Sewer Authority (DC Water), both alleging that the agency’s failure to address longstanding deterioration in the Potomac Interceptor contributed to a weeklong release of more than 240 million gallons of raw sewage into the Potomac River this past January. Read the full story...
Reprinted courtesy of Jim Parsons, Engineering News-Record
ENR may be contacted at enr@enr.com

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LA Scores Major Victory in a High-Exposure Premises Liability Action

July 06, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Our firm is proud to announce a decisive defense victory obtained by Partner Daniel Crespo and Associate Lauren Landau for our client in a high-exposure premises liability action arising from a 2022 incident at an active school construction site in Perris, California. On March 10, 2026, the Riverside County Superior Court granted Summary Judgment in full for our client, dismissing all claims brought by Plaintiff, who alleged she tripped and fell over a curb while picking up her daughter from school and sustained ankle and wrist injuries as a result. Through meticulous preparation and the strategic use of construction plans, contractual documents, and onsite surveillance video evidence, our team demonstrated that our client had no ownership, possession, or control over the portion of the existing sidewalk where the incident occurred, with construction plans unambiguously designating the area as pre-existing concrete outside our client’s scope of work, and the Construction Services Agreement expressly reserving control over all existing site improvements to the school district. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

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Bona Fide Dispute Defeats Violation of Prompt Payment Act

June 15, 2026 — David Adelstein - Florida Construction Legal Updates
Most, if not all, jurisdictions, including the federal government, have what is known as a “Prompt Payment Act.” The objective is to ensure prompt payment. If prompt payment is not made, the Prompt Payment Act provides for interest penalties, as well as potentially other costs such as attorney’s fees. But the thing is, it’s not as simple as untimely payment to support the recourse and interest penalties the applicable Prompt Payment Act affords. And the teeth associated with the applicable Prompt Payment Act are not as sharp as perhaps the party claiming untimely payment prefers. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Celebrating 29 Years – Thank You for Your Continued Trust!

April 20, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
For 29 years, Bremer Whyte Brown & O’Meara, LLP has grown alongside the clients and communities we proudly serve. What began as a single office in Orange County has evolved into a multi-state firm with 11 locations across five states. Today, we are proud to be supported by a dedicated team of more than 200 attorneys and over 400 employees who work every day to deliver exceptional service and results. This milestone is not just about where we started; it’s about the people who have helped shape who we are today. Our continued growth reflects the strength of our relationships, the trust of our clients and partners, and the commitment of our team. Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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Construction Liens: Liening for Amounts Not Yet Technically Due Does Not Mean Lien Is Fraudulent

August 11, 2026 — David Adelstein - Florida Construction Legal Updates
A 2024 bankruptcy ruling, In re Edgewater Construction Group, Inc., 657 B.R. 668 (S.D.Fla. 2024), touched upon an interesting issue when it comes to construction liens. Is a construction lien fraudulent simply because the lien includes amounts not yet due? Not necessarily. In this bankruptcy dispute, the subcontractor debtor (that filed for bankruptcy) recorded two construction liens on projects. The general contractor argued in the bankruptcy court that the subcontractor debtor’s liens were fraudulent. As to the first lien, the general contractor argued that the lien was fraudulent because it included amounts that the debtor knew the general contractor had already paid to the debtor’s subcontractors/suppliers. The bankruptcy court disagreed: “The Court finds that, although the Debtor had been told that [the general contractor] had paid these subcontractors, in light of the ongoing dispute between Debtor and [the general contractor], it was reasonable for the Debtor to demand proof. Debtor’s subsequent filing of a partial satisfaction of lien once the Debtor received the requested proof of payment from [the general contractor] counters any claim of willful exaggeration.” In re Edgewater Construction Group, supra, at 672-673. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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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

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How Engineers Will Determine Why NYC's Pfizer HQ Conversion Buckled

July 13, 2026 — Bryan Gottlieb - Engineering News-Record
Construction crews have stabilized the former Pfizer headquarters redevelopment in Midtown Manhattan after two load-bearing structural columns buckled on the 21st floor July 7. The focus has now shifted from emergency response to determining what caused the office-to-residential conversion to suffer a major structural failure. Read the full story...
Reprinted courtesy of Bryan Gottlieb, Engineering News-Record
Mr. Gottlieb may be contacted at gottliebb@enr.com

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Location, Location, Location — But Which One? The Few Words in Your Construction Contract that Pick Where You Fight

June 29, 2026 — Brad Sands - ConsensusDocs
Most professionals know the old real estate line: location, location, location. It turns out to be just as true for construction contracts as it is for property. Consider a recent case involving a project owner that hired two design firms for a project. When issues arose during construction, the owner sued the design firms in state court in Brazoria County, Texas, pursuant to the forum selection clause in the parties’ cont
Why the Renovation of Federal Reserve Headquarters Costs $2.5 Billion

California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims

The CA Supreme Court Grants Petition for Review of McMillin Albany LLC v. Super Ct. 2015 F069370 (Cal.App.5 Dist.) As to Whether the Right to Repair Act (SB800) is the Exclusive Remedy for All Defect Claims Arising Out of New Residential Construction

Skyline Bling: A $430 Million Hairpin Tower and Other Naked Bids for Tourism

Hunton Andrews Kurth Insurance Attorney, Latosha M. Ellis, Honored by Business Insurance Magazine

Purse Tycoon Aims at Ultra-Rich With $85 Million Home

Louisiana Court Applies Manifestation Trigger to Affirm Denial of Coverage

11th Cir
Don’t Ignore a Notice of Contest of Lien

When Business is Personal: Negligent and Intentional Interference Claims

Columbus, Ohio’s Tallest Building to be Inspected for Construction Defects

Massachusetts Pulls Phased Trigger On Its Statute of Repose

Don’t Be the First One to Breach Your Construction Contract

Attorney's Erroneous Conclusion that Limitations Period Had Not Expired Was Not Grounds For Relief Under C.C.P. § 473(b)

Just When You Thought the Green Building Risk Discussion Was Over. . .

White House Reverses Trump Administration NEPA Cutbacks

Three-Year Delay Not “Prompt Notice,” But Insurer Not “Appreciably Prejudiced” Either, New Jersey Court Holds

Construction defect firm Angius & Terry moves office to Roseville

Congratulations 2019 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars

Construction Litigation Roundup: “D’Oh!”

Seeking the Urban Lifestyle in the Suburbs

Harvey's Aftermath Will Rattle Construction Supply Chain, Economists Say

Hawaii Appellate Court Finds Duty to Defend Group Builders Case

Carolinas Storm Damage Tally Impeded by Lingering Floods

Drone Use On Construction Projects

You May Be Able to Dodge a Bullet, But Not a Gatling Gun

OPINION: Stop Requiring Exhibit Lists!

Important New Reporting Requirement for Some Construction Defect Settlements

Real Estate & Construction News Roundup (08/15/23) – Manufacturing Soars with CHIPS Act, New Threats to U.S. Infrastructure and AI Innovation for One Company

Bank of America’s Countrywide Ordered to Pay $1.3 Billion

Get Construction Defects in Writing

Circuit Court Supports Attorney-Client Privilege and Work Product Protections in Connection with Internal Investigations

New York City Dept. of Buildings Explores Drones for Facade Inspections

Insurance Law Alert: Incorporation of Defective Work Does Not Result in Covered Property Damage in California Construction Claims

Traub Lieberman Attorneys Recognized as 2026 Illinois Super Lawyers® and Rising Stars

Tests Find Pollution From N.C. Coal Ash Site Hit by Florence Within Acceptable Levels

Virginia Chinese Drywall and pollution exclusion

Do Hurricane-Prone Coastal States Need to Update their Building Codes?

Insurer Defends Denial in Property Coverage Dispute Involving Marijuana Growing Operations

New York State Trial Court: Non-Cumulation Provision in Excess Policies Mandates “All Sums” Allocation

Preparing the Next Generation of Skilled Construction Workers: AGC Workforce Development Plan

Landowners Try to Choke Off Casino's Water With 19th-Century Lawsuit

U.K. Developer Pledges Building Safety in Wake of Grenfell

Illinois Court Determines Duty to Defend Construction Defect Claims

Consequential vs. Direct Damages and Waiver of Consequential Damages

Prison Time and Restitution for Construction Fraud

Quick Note: Don’t Spoil Evidence!!!!

Certificates as Evidence of Additional Insured Coverage Are All the Rage, But You Deserve Better

A Bill for an Act Concerning Workers’ Compensation – 2014 Edition

Arkansas: Avoiding the "Made Whole" Doctrine Through Dépeçage

BE PROACTIVE: Steps to Preserve and Enhance Your Insurance Rights In Light of the Recent Natural Disasters

2022 Project of the Year: Linking Los Angeles

U.S. Home Sellers Return for Spring as Buyers Get Relief

Homeowner Sues Brick Manufacturer for Spalling Bricks

Lane Construction Sues JV Partner Skanska Over Orlando I-4 Project

New Zealand Using Plywood Banned Elsewhere

Fannie-Freddie Elimination Model in Apartments: Mortgages

How U.S. Design and Architecture Firms Can Profit from the Chinese Market and Avoid Pitfalls