Lithopolis Ohio Construction Expert Witness Directory

Contract Disputes Act and Jurisdictional Requirements

March 17, 2026 — David Adelstein - Florida Construction Legal Updates
When dealing with a claim on a federal construction project, there are a couple of key background jurisdictional points. These points were briefly highlighted in the recent appeal, Mega Star Logistics Service Co. v. Department of State, CBCA 8232, 2026 WL 253738 (CBCA 2026). Here are the two points. FIRST, when it comes to jurisdiction, for a board of contract appeals “to exercise jurisdiction over a claim, the CDA [Contract Disputes Act] requires the contractor to submit a written claim to the contracting officer for a COFD [contracting officer final decision], with a subsequent appeal of the COFD or deemed denial if the CO [contracting officer] does not issue a COFD.” Thus, you need to submit a formal claim under the Contract Disputes Act to the contracting officer to get a final decision from the contracting officer (or the contracting officer waiving the final decision by not timely furnishing one). Mega Star Logistics, supra. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Quick Note: Include Key Time Related Facts in Contract to Avoid an Ambiguity

February 17, 2026 — David Adelstein - Florida Construction Legal Updates
When drafting or negotiating a contract, it is important to consider key time-related facts. In other words, if there are important provisions dealing with time, you don’t want to leave them undefined as that can create an ambiguity in the contract. In a recent case dealing with an investment contract, discussed here, that’s exactly what happened. The contract allowed investors to exercise an option to return their equity in exchange for a refund of their investment but the contract didn’t contain an expiration date on when the option must be exercised. The investors tried to exercise the option two years later leading to a dispute as to whether that was a “reasonable time.” This is because the lack of clarity regarding this temporal fact led to a latent ambiguity meaning it was a question of fact as to whether the investors exercising the option two years later was reasonable under the circumstances. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Project Labor Agreements: A New Bid Protest Forum Split

May 14, 2026 — Dirk D. Haire, David P.J. Timm and Michael J. Brewer - ConsensusDocs
Advertisements often include a disclaimer: “individual results may vary.” Similarly, lawyers are notorious for saying “it depends.” The mandatory Project Labor Agreement (“PLA”) regulations have recently placed into context this adage as it applies to federal contract bid protests, with very different results depending on which forum – the Court of Federal Claims (“COFC”) versus the Government Accountability Office (“GAO”) – different contractors have selected to bring PLA bid protests. Over the last two years, over 30 protesters have successfully achieved removal of mandatory PLAs from large-scale federal construction contracts based on two landmark bid protest decisions issued by the COFC. Similar challenges to PLAs at the GAO, however, have not been successful in removing PLAs, highlighting an emerging trend that the COFC is often a more effective relief forum than GAO for government construction contractors. Reprinted courtesy of Dirk D. Haire, Burr & Forman LLP, David P.J. Timm, Burr & Forman LLP and Michael J. Brewer, Burr & Forman LLP Mr. Haire may be contacted at dhaire@burr.com Mr. Timm may be contacted at dtimm@burr.com Mr. Brewer may be contacted at mbrewer@burr.com Read the full story...

Trust, But Verify: Addressing Risk of Non-Payment by Owners

December 08, 2025 — William Underwood - ConsensusDocs
Receiving payment is an important piece of any for-profit business. And construction contractors are no exception. But sometimes payments do not arrive on time (or, worse yet, not at all), even when a contractor has done everything right. Ensuring that owners have the ability to pay invoices when they become due is an important upfront risk mitigation strategy that can help reduce future risks of non-payment. Although it is not possible to entirely remove this risk, there are options to help reduce it. This article will highlight some of the options to help increase payment security, both before and during the Project, to reduce the risk of non-payment for work that is otherwise properly performed. This article does not cover the entire waterfront of available options, including liens (which could be a separate topic for an entire thesis). But this article nonetheless provides some practical options for consideration to reduce payment risks. Read the full story...
Reprinted courtesy of William Underwood, Jones Walker LLP
Mr. Underwood may be contacted at wunderwood@joneswalker.com

Mortgage Company Fails to Prove Loss or Entitlement to Damages, Eliminating Recovery

December 15, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The trial court’s dismissal of a declaratory judgment action after the mortgage company failed to prove the loss or entitlement to damages was affirmed. Erie Ins. Co. v. F St. Investments, LLC, 2025 Ohio App. LEXIS (Ohio Ct. App. Oct. 14, 2025). MR DLB Properties LLC was in the business of property restoration and renovation. MR DLB executed a mortgage on three properties as secuirty for payment on a note issued by mortgagee F Street. As a condition of the mortgage, MR DLB obtained commercial liability insurance coverage with Erie. The policy provided $908,100 in replacement/repair property coverage and listed F Street as first mortgagee. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Real Estate & Construction News Roundup (4/1/26) – President Trump’s EO Affects Federal Funding, Fannie Mae Accepts Crypto-Backed Mortgages, Private Sector Construction Weakness Offsets Public Sector Gains

April 08, 2026 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, California to pursue office-to-housing conversions, hoteliers to increase investment in artificial intelligence, private credit exodus to boost commercial real estate capital, and more!

President Donald Trump’s executive order to remove regulatory barriers to affordable home construction could affect federal funding for cities and states that don’t follow what the order calls “regulatory best practices,” including faster permitting, fewer green building mandates and relaxed limits on exurban development. (Robyn Griggs Lawrence, Multifamily Dive)
California state policymakers have been pursuing policy changes that remove barriers to converting older commercial buildings into housing. (Keith Loria, Construction Dive)
Private sector weakness largely offset modest gains in public construction spending, despite data center gains. (Sebastian Obando, Construction Dive)

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

Top 10 Insurance Cases of 2025

January 26, 2026 — Jeffrey J. Vita, Michelle A. Grieco, Kiley Stackpole - Saxe Doernberger & Vita, P.C.
The insurance landscape continues to evolve, shaped by litigation that tests the limits of policy language, coverage obligations, and public policy considerations. In 2025, courts across the country issued several significant rulings that will influence how insurers and policyholders navigate claims and risks. Notable trends in 2025 include disputes over property coverage for wildfire and smoke damage, the treatment of interrelated claims under successive D&O policies, enforcement of arbitration clauses in international insurance contracts, and general liability coverage issues—such as construction exclusions for phased projects and limits on coverage for losses tied to the opioid crisis. This publication spotlights the top insurance cases of 2025, highlighting their legal reasoning, practical implications, and impact for policyholders—plus a look ahead at key cases to watch in 2026. Reprinted courtesy of Jeffrey J. Vita, Saxe Doernberger & Vita, P.C., Michelle A. Grieco, Saxe Doernberger & Vita, P.C. and Kiley Stackpole, Saxe Doernberger & Vita, P.C. Mr. Vita may be contacted at JVita@sdvlaw.com Ms. Grieco may be contacted at MGrieco@sdvlaw.com Ms. Stackpole may be contacted at KStackpole@sdvlaw.com Read the full story...

Colorado Legislature Considers Series of Bills Aimed at Boosting Affordable Housing Construction in Colorado — What Homebuilders Need to Know

April 08, 2026 — Amanda E. McKinlay - Snell & Wilmer
On January 21, 2026, lawmakers introduced a series of bills with the goals of addressing affordable housing issues and incentivizing construction in Colorado. House Bill 26-1001 (known as the “Housing Opportunities Made Easier ‘HOME’ Act”) concerns the promotion for residential developments on “qualifying properties” that do not contain exempt parcels through the bypassing of often time-consuming local planning processes. Under HB26-1001, a “qualifying property is any real property that contains no more than five acres of land and is owned by: (i) a nonprofit organization with a demonstrated history of providing affordable housing; (ii) a nonprofit organization that provides public transit; (iii) a nonprofit organization that has entered into an agreement with another nonprofit organization with a demonstrated history of providing affordable housing, provided that the agreement requires the nonprofit organization with a demonstrated history of providing affordable housing to develop a residential development on the property; (iv) a school district; (v) a state college or university; (vi) a housing authority; or (vii) a local or regional transit district or a regional transportation authority serving one or more counties. Read the full story...
Reprinted courtesy of Amanda E. McKinlay, Snell & Wilmer
Ms. McKinlay may be contacted at amckinlay@swlaw.com

LITHOPOLIS OHIO CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES