BURKE SOUTH DAKOTA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

A Win for Clarity: What a Recent Federal Court Decision Means for Davis-Bacon Compliance

July 13, 2026 — Stephen E. Irving - Peckar & Abramson, P.C.
Following the Department of Labor’s 2023 Davis-Bacon rule changes, federal construction contractors faced a pressing question: not whether paying prevailing wages is required, but how far those obligations could extend. Could they reach off-site material suppliers? Delivery drivers? Contracts that omitted Davis-Bacon clauses entirely? A recent federal court decision in AGC of America v. US Department of Labor answers these questions in important ways, vacating several disputed provisions and giving contractors greater certainty when pricing, bidding, and administering federal construction projects. The ruling addresses three aspects of the 2023 regulations that sought to extend Davis-Bacon obligations beyond their traditional scope. By vacating those provisions, the decision creates a more predictable compliance environment and reinforces an important principle: Davis-Bacon enforcement works best when contractors, workers, and regulators operate under clear, objective rules. Read the full story...
Reprinted courtesy of Stephen E. Irving, Peckar & Abramson, P.C.
Mr. Irving may be contacted at sirving@pecklaw.com

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Greg Katz Quoted in Insurance Journal Article About How Big Data & AI Are Driving Up Verdicts, Settlements

October 06, 2026 — Lewis Brisbois
National Managing Partner Greg Katz was recently quoted in an Insurance Journal article about how plaintiff's lawyers are harnessing big data and artificial intelligence to attempt to drive up jury awards and settlement demands. The article, titled "The Big Data/AI ‘Revolution’ Is Driving Up Verdicts, Settlements as Plaintiffs Buy In," points out that a growing number of personal injury and claims law firms, some of which are working with an influx of cash from investors and litigation funders, are using a multitude of high-tech tools to try to gain an advantage in litigation. They are using large online mock juries to test legal theories, big data to find sympathetic jurors and venues in which to try cases, and AI programs to analyze their own arguments and those of opponents. “They’re taking instincts and intuition out of the equation,” Mr. Katz told Insurance Journal. “They think they’ve come up with a different way to ring the bell and, in their words, add zeroes to awards.” Read the full story...
Reprinted courtesy of Lewis Brisbois

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Suit Limitation Provision Eliminates Wind Loss Claim

July 27, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The insurer’s motion for judgment on the pleadings was granted after the insured failed to file suit against the insurer within the policy’s two-year suit limitation provision. Interstate Investments, LLC v. Mt. Hawley Ins Co., 2026 U.S. Dist. LEXIS 98108 (S.D. N. Y. May 4, 2026). On or before June 27, 2023, a wind, hail and rainstorm damaged Interstate’s property in Oklahoma. Interstate filed a claim under its policy with Mt. Hawley. The policy provided that New York law applied and contained a two- year suit limitation provision. 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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Connecticut Expands Construction Wage-Theft Liability and Prevailing Wage Recordkeeping Requirements

June 29, 2026 — Anand Gupta & Guest Contributor - Construction Law Zone
This post was co-authored by Labor + Employment group lawyer Christopher Costain, Hayden Eckblom (Summer Intern), and Pasqualina Fox-Mina (Summer Associate). Hayden and Pasqualina are not admitted to practice law. On May 11, 2026, Connecticut Governor Ned Lamont signed into law Public Act 26-12, a wide-ranging bill centered around employee rights. Our colleagues in Robinson+Cole’s Labor, Employment, Benefits + Immigration group recently published a legal update summarizing the key components of Public Act 26-12. Here, we focus on the Wage Theft and Prevailing Wage concepts in the bill that directly relate to the construction industry. Wage Theft With exceptions for public works and small residential projects, general contractors will be jointly and severally liable for any unpaid wages owed to an employee of a subcontractor of any tier on private construction projects, beginning with contracts entered into on or after January 1, 2027. As we know, there is a separate regime for public works projects involving payment bonds. Read the full story...
Reprinted courtesy of Anand Gupta, Robinson & Cole LLP
Mr. Gupta may be contacted at agupta@rc.com

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Nordics Are Europe’s Next Data Center Hub

October 05, 2026 — Aarni Heiskanen - AEC Business
On September 9, 2026, Google announced its largest single investment in Europe. The company commits at least €13 billion to Finnish data centers and energy infrastructure in 2027 and 2028, expanding the existing Hamina campus and adding three new sites in Kajaani, Muhos, and Vaala. For the construction sector, this is great news: thousands of hectares, dozens of buildings, and a construction program that will extend well beyond the two-year investment window. Four Sites, One Regional Cluster Google is not a newcomer in Finland. Back in 2009, it converted a former paper mill in Hamina into a seawater-cooled data center. It has invested around €4.5 billion there over 15 years, and the site’s waste heat already feeds Hamina’s district heating network. The new program shifts the center of gravity north, to the border of North Ostrobothnia and Kainuu. 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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Humanoid Robots in Construction: The Reality Right Now

October 12, 2026 — Aarni Heiskanen - AEC Business
Humanoid robots are getting a lot of media attention. Videos of robots doing backflips and kung fu moves suggest that a general-purpose machine worker is just around the corner. A recent visit by the Finnish technology magazine Tekniikka&Talous to crane manufacturer Konecranes offers a more sober picture. I think it is a useful reality check for anyone in the AEC industry wondering what humanoids can actually do today. What a Humanoid Can Do in a Controlled Environment Konecranes bought a Unitree G1 EDU humanoid in autumn 2025, likely as the first Finnish industrial company to do so. With separately purchased five-finger hands and other extras, the price came close to €100,000. 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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Differing Site Conditions Claim Requires a Misrepresentation

May 14, 2026 — David Adelstein - Florida Construction Legal Updates
If you are entertaining a differing site conditions claim, consider this Third District Court of Appeals case from the mid-90s. In Hendry Corp. v. Metropolitan Dade County, 648 So.2d 140 (Fla. 3d DCA 1995), a contractor was hired by Dade County to demolish the old Rickenbacker Causeway in Miami. The original 1941 plans of the causeway were made available to contractors. The lowest bidding contractor that was awarded the project based its bid “on its conclusion that the pilings supporting the old bridge were made of concrete.” Hendry, supra at 141. The contractor based this conclusion on the original plans, its visual observation, and experience. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Did You Know: Unique Legal Considerations for Animal Care Facilities

August 24, 2026 — Hannah Skidmore - Construction Executive
Animal care facilities are highly specialized environments that require expertise far beyond traditional commercial or even standard medical construction. Whether designing and building animal shelters, doggy daycares, veterinary clinics or full-service animal hospitals, these facilities operate under conditions that introduce unique challenges related to sanitation, durability, animal behavior and operational workflows. Because of these complexities, projects that fail to account for animal care requirements adequately often encounter costly issues—many of which result in litigation. Below are real-world examples drawn from expert witness work, followed by proactive best practices construction professionals should apply to future animal care projects. Reprinted courtesy of Hannah Skidmore, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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