NESPELEM WASHINGTON CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

New Report Outlines Roadmap for Construction Jobsites to Cut Carbon Emissions by 2040

April 20, 2026 — PCL Construction
Denver, Colo., April 16, 2026 (GLOBE NEWSWIRE) -- A new industry report outlines five practical steps that, when implemented together, could reduce construction jobsite emissions by up to 75% without compromising cost, schedule or performance. Grounded in real operational data from 617 construction projects across the U.S. and Canada, Growing and Greening Canadian Construction represents the most comprehensive sector-wide analysis of jobsite emissions conducted to date. The report was developed through a collaboration among leading general contractors, including PCL Construction, in partnership with the Transition Accelerator, an organization that drives projects, partnerships, and strategies to promote economic competitiveness in a carbon‑neutral world. The report focuses specifically on emissions from construction jobsite activities and reflects a shared commitment to advancing practical, scalable solutions for the industry. About PCL Construction PCL is a group of independent construction companies that operates throughout the United States, Canada, the Caribbean and Australia. As one of the largest contracting organizations in North America, PCL completes more than $9.9 billion USD in work annually, building projects that shape communities. The company’s 100% employee ownership model fuels a culture of commitment for clients in the buildings, civil infrastructure, heavy industrial and solar markets. With a strategic presence in more than 30 major centers, PCL’s leadership teams consistently drive innovation and set new benchmarks for excellence, bringing unparalleled skill to every project. Watch us build at PCL.com. About the Transition Accelerator The Transition Accelerator works with 300+ partner organizations across Canada to build out pathways to a prosperous low-carbon economy and avoid costly dead-ends along the way. We help governments and industry harness the global shift towards clean growth to secure permanent jobs, abundant energy, and strong regional economies across the country. By connecting systems-level thinking with real-world analysis, we’re enabling a more affordable, competitive, and resilient future. Read the full story...

---

The AI Knows Too Much: When Employees Feed Trade Secrets into Generative AI Tools

April 14, 2026 — Kazim A. Naqvi & John V. Mysliwiec - Sheppard
Every time an employee pastes proprietary source code, a customer list, or a confidential business strategy into ChatGPT, Claude, or Google Gemini, they may be quietly dismantling the legal protections that make those secrets worth protecting. Courts and regulators are only beginning to grapple with this problem, and right now, the burden of preventing it falls squarely on employers. The Legal Stakes Under the federal Defend Trade Secrets Act (“DTSA”) and the Uniform Trade Secrets Act (“UTSA”) as adopted across most states, a trade secret plaintiff must show that the information at issue was subject to reasonable measures to maintain its secrecy. Courts have historically credited measures like confidentiality agreements, physical access controls, and employee training—but those safeguards were designed for a world of thumb drives and disgruntled employees. They were not built for a world where a well-meaning engineer can, in seconds, transmit an entire corpus of proprietary data to a third-party AI platform operating under terms of service that may permit the provider to use inputs for model training. Reprinted courtesy of Kazim A. Naqvi, Sheppard and John V. Mysliwiec, Sheppard Mr. Naqvi may be contacted at knaqvi@sheppard.com Mr. Mysliwiec may be contacted at jmysliwiec@sheppard.com Read the full story...

---

That’s a Wrap! Pennsylvania Court Holds Arbitration Clause in Online Agreement Unenforceable

May 14, 2026 — Gus Sara - The Subrogation Strategist
In Duffy v. Tatum, 2026 Pa. Super. LEXIS 112, 2026 PA Super 41, the Superior Court of Pennsylvania (Superior Court) considered whether an arbitration provision contained in the online Terms of Service on the defendant’s website were enforceable. The plaintiff, Daniel Duffy (Duffy), visited the website of defendant, Dolly, Inc. (Dolly), to purchase moving services. Duffy selected the number of movers, items to be moved and the type of vehicle needed. To complete the booking, the website required Duffy to checkmark a box labeled “By checking this box I accept the Dolly Terms of Service.” Duffy did not have to open the link or scroll to the bottom of the agreement before being able to click on the checkmark box. The Terms of Service included an arbitration provision requiring that any dispute related to the moving services to be resolved by arbitration in accordance with the American Arbitration Association. The Terms of Service did not include any statement that the user was waiving the right to a jury trial. The Superior Court found the internet Terms of Service unenforceable. During the moving process, an accident occurred and injured Duffy. In May 2024, Duffy and his wife sued Dolly and other related entities alleging negligence and loss of consortium. Dolly filed preliminary objections alleging that the parties agreed to alternative dispute resolution. The lower court overruled the preliminary objections, finding that Dolly’s website did not provide reasonably obvious notice of its Terms of Service to Duffy and, as such, Duffy never agreed to waive his constructional right to a jury trial. Dolly filed an appeal to the Superior Court. Read the full story...
Reprinted courtesy of Gus Sara, White and Williams LLP
Mr. Sara may be contacted at sarag@whiteandwilliams.com

---

EPA Steps Back, Arizona Moves Forward

May 12, 2026 — Patrick J. Paul, John Habib & Sukhmani K. Singh - Snell & Wilmer
In a significant development for Arizona’s business community and environmental policymakers, the U.S. Environmental Protection Agency (EPA) has paused its planned reclassification of Maricopa County from “Moderate” to “Serious” ozone nonattainment status pursuant to the Clean Air Act’s National Ambient Air Quality Standards (NAAQS). This decision marks a shift in federal air policy — one that recognizes the unique challenges faced by regions like metro Phoenix, where environmental conditions beyond local control are often key contributors to air quality readings. The EPA’s move follows a series of meetings between EPA Administrator Lee Zeldin, Arizona elected officials, and business and civic leaders, including a recent roundtable in Phoenix convened by U.S. Senator Mark Kelly. In announcing the pause, Zeldin acknowledged the need for flexibility and fairness in the application of Clean Air Act standards, especially when emissions from other states, nations, and natural events significantly influence local air quality. Reprinted courtesy of Patrick J. Paul, Snell & Wilmer, John Habib, Snell & Wilmer and Sukhmani K. Singh, Snell & Wilmer Mr. Paul may be contacted at ppaul@swlaw.com Mr. Habib may be contacted at jhabib@swlaw.com Ms. Singh may be contacted at ssingh@swlaw.com Read the full story...

---

Georgia HB 676: A Bill Property Owners and Contractors Should Watch

March 24, 2026 — Robert Lafayette - The Construction Seyt
Property owners, contractors, and others dealing with mechanics and materialmen’s liens in Georgia should keep an eye on HB 676, which is currently making its way through the Georgia General Assembly. The bill aims to curb misuse of the lien process and provide additional remedies to those challenging a frivolous lien filing. What HB 676 Would Do HB 676 would add a new Code section (O.C.G.A. § 44-14-366.6) to the mechanics and materialmen’s lien statutes. If a lien is filed “without substantial justification or that is not made in good faith or that is made with malice or a wrongful purpose,” this new Code section would impose a fine of $1,500 per lien on the lien claimant, in addition to any attorney’s fees or court costs incurred by the party challenging the lien. Read the full story...
Reprinted courtesy of Robert Lafayette, Seyfarth Shaw LLP
Mr. Lafayette may be contacted at rlafayette@seyfarth.com

---

White and Williams LLP Secures Trio of Cyber Coverage Wins

May 12, 2026 — Gabriel Darwick & Sean Elman - White and Williams LLP
Three weeks, three jurisdictions, three cyber wins. White and Williams picked up the first victory on March 9, 2026, in the United States District Court for the Western District of Texas, where the court granted summary judgment to their client enforcing a Cyber Crime Loss sublimit. See Perry & Perry Builders, Inc. v. Cowbell Cyber and Obsidian Specialty Ins. Co., 2026 U.S. Dist. LEXIS 49409 (E.D. Tex. Mar. 9, 2026). In Perry, the insured was deceived into transferring money intended for a vendor to an unintended third party. The insurer acknowledged that the loss was covered and paid the insured the policy’s Cyber Crime Loss sublimit. Discontent with a single sublimit, the insured argued that because it wired the money to the fraudster in separate transfers, it was entitled to a second Cyber Crime Loss sublimit. Reprinted courtesy of Gabriel Darwick, White and Williams LLP and Sean Elman, White and Williams LLP Mr. Darwick may be contacted at darwickg@whiteandwilliams.com Mr. Elman may be contacted at elmans@whiteandwilliams.com Read the full story...

---

Angela Zanin Featured in LACBA List of Women’s History Month Honorees

March 17, 2026 — Lewis Brisbois Newsroom
Los Angeles Partner Angela Zanin was recently honored for her leadership and diversity initiatives in the California legal community by the Los Angeles County Bar Association (LACBA) as part of the organization’s Women’s History Month initiative. LACBA highlighted Ms. Zanin’s efforts in the community. After serving as President of the Italian American Lawyers Association (IALA) in 2023, she co-founded the Los Angeles County Unity Bar (LACUB), an alliance of bar associations dedicated to promoting diversity in the judiciary. Consisting of ten member organizations, the LACUB takes pride in its endorsement of over 40 candidates appointed to the California Court of Appeal, U.S. District Courts, Los Angeles Superior Court, and Orange County Superior Court. Read the full story...
Reprinted courtesy of Lewis Brisbois

---

Texas Court Revives Construction Defect Claims: Key Lessons for Managing Latent Defect Risk

January 21, 2026 — Spencer E. Dunn & Melissa Osio Martinez - Wood Smith Henning Berman
Construction projects often involve intricate designs, multiple stakeholders, and complex performance obligations. When problems surface years after completion, parties must navigate a difficult landscape that blends contract law, tort doctrines, and statutory deadlines. A recent decision from the Fourth Court of Appeals of Texas provides meaningful guidance on how courts will evaluate latent construction defect claims, the applicability of the discovery rule, and the limits of the economic loss doctrine. In Morningside Ministries v. Koontz McCombs Construction, Ltd., the court reversed summary judgment entered in favor of the general contractor and project manager, reviving the owner's claims and offering important lessons for owners, contractors, and insurers facing construction defect disputes. Background of the Dispute Morningside Ministries operates senior living communities across Texas. In 2012, It contracted with Koontz McCombs Construction, Ltd. (Koontz) to construct The Overlook, a significant expansion of Morningside's Menger Springs campus in Boerne. The contract required Koontz to build 100 new senior living units along with common areas and site improvements, and placed responsibility for construction quality, including the work of subcontractors, on Koontz. Reprinted courtesy of Spencer E. Dunn, Wood Smith Henning Berman and Melissa Osio Martinez, Wood Smith Henning Berman Mr. Dunn may be contacted at sdunn@wshblaw.com Ms. Martinez may be contacted at mosiomartinez@wshblaw.com Read the full story...

---