MESCALERO NEW MEXICO CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Jurisdiction Over Foreign Manufacturers in Construction Litigation

May 14, 2026 — Timothy J. Repass & Miki J. Saito - Wood Smith Henning Berman
A recent decision from the Washington Court of Appeals provides important guidance on personal jurisdiction over foreign product manufacturers in construction and infrastructure litigation. In King County v. Aquatherm GmbH, No. 85572-7-I (Wash.Ct. App.Div.I)(unpublished), the court addressed whether a German manufacturer could be sued in Washington for alleged defects in piping used in major public infrastructure projects. The ruling offers a detailed, fact-driven roadmap for how Washington courts evaluate jurisdiction over foreign manufacturers operating through layered distribution networks. It also reflects a broader trend toward focusing on real-world commercial conduct rather than formal corporate structure. Background of the Case King County sued after widespread failures in polypropylene piping installed at the King County Correctional Facility. The pipe, manufactured by Aquatherm GmbH in Germany, was marketed, distributed, and installed through a network of U.S.-based entities. Following a six-week trial, the jury returned a verdict exceeding $18 million on claims under the Washington Product Liability Act and Consumer Protection Act. Aquatherm challenged, among other things, the trial court's exercise of personal jurisdiction. Reprinted courtesy of Timothy J. Repass, Wood Smith Henning Berman and Miki J. Saito, Wood Smith Henning Berman Mr. Repass may be contacted at trepass@wshblaw.com Ms. Saito may be contacted at msaito@wshblaw.com Read the full story...

---

How AI Turns Construction Documents Into Procurement Intelligence

May 05, 2026 — Aarni Heiskanen - AEC Business
MEP equipment accounts for up to 40% of costs on data center or hospital projects, has lead times ranging from 20 weeks to over a year, and has historically been the most underserved area in construction software. In this episode, I speak with Victor Muchiri from BuildVision about what it actually takes to make AI useful in construction procurement, not as a pilot, but in production. We dig into why you cannot simply upload a set of construction drawings to ChatGPT and trust the output. Construction documents are complex, cross-referenced, and consequential. Without deep domain context, such as manufacturer ontologies, equipment taxonomies, and engineering expertise, AI produces plausible results, not reliable ones. BuildVision’s approach is to act as a harness around AI models, wrapping them in construction-specific knowledge so the output can be trusted for real procurement decisions. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

---

Federal Court Highlights the Strategic Value of Additional Insured Coverage

June 22, 2026 — Michael S. Levine - Hunton Insurance Recovery Blog
A recent decision from the District of Maryland underscores a recurring—but often underutilized—opportunity for policyholders: securing and enforcing additional insured coverage under another party’s liability policy. In Charter Oak Fire Insurance Co. v. Builders Premier Insurance Co., the court held that an equipment lessor qualified as an additional insured under the lessee’s policy and was entitled to a primary defense. The decision is a useful reminder that additional insured coverage can fundamentally shift defense obligations and materially reduce a policyholder’s exposure. We build on the decision to highlight the practical steps policyholders should take to ensure that all potentially available insurance is identified and pursued. Read the full story...
Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth LLP
Mr. Levine may be contacted at mlevine@hunton.com

---

Building More Than a Ramp: HHMR and the Home Builders Foundation

September 15, 2026 — Colorado Construction Litigation Blog
Last Friday, four members of the Higgins, Hopkins, McLain & Roswell team traded briefs, depositions, and construction litigation files for lumber, drills, and a day on a jobsite. HHMR attorneys Ricky Nolen, Amanda Tynan, Kyle Thompson, and Tanner Davis participated in the Home Builders Foundation’s 2026 Blitz Build, helping construct an accessibility ramp for Andrea, a Denver-area resident whose mobility challenges had made something most of us take for granted extraordinarily difficult: leaving her own home independently. The day after the build, the volunteers received an e-mail from HBF’s Terrina Reiber with an unusual request: set an alarm for 10:00 the next morning. At 10:00 on a Saturday, she explained, they might be running errands, meeting a friend, or simply deciding what to do with the day. When the alarm went off, she asked them to think about Andrea. Because Andrea could now make that same choice. Read the full story...
Reprinted courtesy of Higgins, Hopkins, McLain & Roswell

---

Real Estate & Construction News Roundup (8/19/26) – Single-Family Housing Investors Worry, Confidence in Multifamily REITs and Construction Backlog Falls

September 08, 2026 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, U.S. Chamber of Commerce creates Housing Advisory Council, a legal battle develops over new federal rules related to mortgage escrow accounts, hospitality dealmakers pursue ‘bigger, higher-conviction’ M&A, and more!

• In the wake of the 21st Century ROAD to Housing Act becoming law, the U.S. Chamber of Commerce has created a Housing Advisory Council with the goal of advancing market-driven policies that help increase housing supply and promote affordability. (Julie Strupp, Multifamily Dive)
• Investors in the single-family housing market are increasingly concerned about interest rates, rising insurance and home costs, and the ongoing war with Iran. (Diana Olick, CNBC)
• A legal battle is brewing over new federal rules related to accounts that hold money to pay homeowners’ property taxes and insurance payments. (Sarah Agostino, CNBC)

Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

---

Document Everything! Always! No Exceptions! (AKA, Help Your Lawyer Help You!)

April 14, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
I had a case last year in which once again I found myself thinking: if only my client had better documented the verbal agreements, we would have had a much easier time defending his work. I know this is often easier said than done— you are in the middle of building a project, and you get a call, and you need to keep the project moving. No time for written change directives or a special bulletin. And yet—it is simply amazing to me the number of people who develop “litigation amnesia” about things when a lawsuit is involved. Your documentation system does not need to be perfect. You can use a simple Field notebook and handwritten notations. A text memo to yourself or, better yet, an email confirmation to the owner/contractor/whoever. Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

---

Surety Requiring Collateral Security Under General Agreement of Indemnity

September 08, 2026 — David Adelstein - Florida Construction Legal Updates
In order to procure bonds (payment and performance bonds), you need to sign a General Agreement of Indemnity (referred to as the “GAI”) with the surety (bonding company). It does not matter the surety issuing the bonds, the terms and conditions in the General Agreement of Indemnity are largely consistent. These terms and conditions are one-sided written in favor of the surety. This is because bonds are not insurance. When a surety issues such bonds, it is doing so under the premise that it will get reimbursed every penny that it incurs relative to its exposure- whether incurred in attorney’s fees, consulting costs, or remediating a default or claim under the applicable bond. The General Agreement of Indemnity is one of the most powerful contracts in construction and is a contract that is not to be taken lightly. It provides the surety numerous rights in the event of a claim. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

---

Insured’s Failure to Determine Depreciation When Presenting Claim for Replacement Cost Value

August 16, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Third Circuit affirmed the district court’s granting of summary judgment to the insurer when the insured submitted replacement cost value of the loss but did not include a determination of depreciation. Kimmel v. Massachusetts Bay Ins. Co., 2026 U.S. App. LEXIS 16569 (3d Cir. June 9, 2026). A lightning strike downed a tree on the insured’s property, causing extensive damage to the home. The insured had a homeowner’s policy with Massachusetts Bay Insurance Company (MBIC). MBIC denied the claim, determining that much of the claimed damage already existed and that several policy exclusions otherwise barred coverage. The insured filed suit for breach of contract and bad faith. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---