SALKUM WASHINGTON CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Urban Digital Twins: How Virtual Cities Could Help Build Smarter Cities

August 11, 2026 — Gravel2Gavel Construction & Real Estate Law Blog
Traffic congestion, endless construction, flooded streets and power outages. For city leaders and residents alike, these disruptions are simply part of daily urban life. But an emerging tool, known as the urban digital twin, could help cities anticipate problems before they occur by allowing planners to simulate responses, stress-test infrastructure, and evaluate decisions before implementing them in the real world. What Is an Urban Digital Twin? An urban digital twin is a dynamic, data-driven virtual model of a real city. It uses AI analytics and combines 3D modeling with real-time data and information from sources such as IoT sensors, traffic cameras, satellite feeds, infrastructure databases, utility networks, and environmental data including weather systems and heat maps to create a continuously updated digital representation of the urban environment that mirrors infrastructure, movement and systems in real time. In other words, it is a living digital replica of a city. Read the full story...
Reprinted courtesy of Pillsbury

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New York Orders Moratorium on Large Data Center Permits

July 27, 2026 — Levi W. Barrett - Peckar & Abramson, P.C.
Levi W. Barrett, Co-Managing Partner of Peckar & Abramson’s New Jersey office, Co-Chair of the firm’s Construction Contracts & Risk Management team, and Executive Committee Member, was recently quoted in “New York Orders Moratorium on Large Data Center Permits,” an article written by Engineering News-Record (ENR). The article examines New York Governor Kathy Hochul’s executive order temporarily halting state environmental permit reviews for certain large-scale data center projects while regulators develop a comprehensive framework to address the sector’s energy demands, water consumption, environmental impacts, and effects on local communities. It also explores the broader implications of the moratorium for developers, contractors, investors, and other stakeholders, as well as the ongoing debate between economic development, AI-driven infrastructure growth, and environmental and utility ratepayer concerns. Read the full story...
Reprinted courtesy of Levi W. Barrett, Peckar & Abramson, P.C.
Mr. Barrett may be contacted at lbarrett@pecklaw.com

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Defend Now, Allocate Later? An Unresolved Tension in Colorado Construction Law

August 16, 2026 — David McLain - Colorado Construction Litigation Blog
For decades, Colorado law has recognized an important distinction between the duty to defend and the duty to indemnify. The former ordinarily arises at the beginning of litigation; the latter generally cannot be determined until the underlying liability is known. That distinction makes intuitive sense. A defense that becomes due only after litigation concludes is not much of a defense. But Colorado’s construction anti-indemnity statute, C.R.S. § 13-21-111.5(6), raises an interesting question about how that familiar rule operates in construction disputes. The statute expressly regulates contractual obligations not only to indemnify, but also to insure and defend, and it reflects a legislative policy that construction businesses should bear financial responsibility for their own negligence. Those principles have developed along separate tracks. At some point, a Colorado appellate court may have to decide precisely how they fit together. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

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D.C. Circuit Upholds EPA’s CERCLA Hazardous-Substance Designations for PFAS as State-Law Settlements Highlight Expanding Liability Landscape

September 15, 2026 — Ashleigh K. Myers, Amanda G. Halter, Jillian Marullo & Anthony B. Cavender - Gravel2Gavel Construction & Real Estate Law Blog
On August 18, 2026, a unanimous panel of the U.S. Court of Appeals for the D.C. Circuit upheld the 2024 designation by the U.S. Environmental Protection Agency (EPA) of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). (See Chamber of Commerce of the United States of America, et al. v. EPA, No. 24-1193 (D.C. Cir. Aug. 18, 2026).) The decision leaves EPA’s PFOA and PFOS hazardous substance designations in place and provides guidance on the scope of EPA’s authority to make future hazardous substances designations under CERCLA Section 102(a). The decision also likely resolves a challenge to the rule that has spanned two presidential administrations. After taking office, the Trump administration had obtained an abeyance of the litigation challenging the Biden-era rule while EPA reconsidered its position. In September 2025, EPA informed the court that it had decided to retain the designations, while signaling that it would work with Congress and industry to address CERCLA liability concerns for “passive receivers.” The litigation then resumed, with the current Administration defending the rule. Reprinted courtesy of Ashleigh K. Myers, Pillsbury, Amanda G. Halter, Pillsbury, Jillian Marullo, Pillsbury and Anthony B. Cavender, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com Read the full story...

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Only A Contractor Can Appeal a Contracting Officer’s Final Decision

April 20, 2026 — David Adelstein - Florida Construction Legal Updates
A recent decision from the Civilian Board of Contract Appeals confirms that “only a ‘contractor’ may file an appeal of a contracting officer’s final decision.” Wattiker v. General Services Administration, 2026 WL 846001 (CBCA 2026) (citation omitted). The term “contractor is not an ambiguous term. A ‘contractor’ refers to a party to a federal government contract. Wattiker (citing the Contract Disputes Act). This is why the Contract Disputes Act does not apply to parties that are NOT in contract with the federal government. Id. In Wattiker, an appellant (appealing party) challenged the dismissal of a co-appellant. The co-appellant was dismissed because he was not a contractor, i.e., a party in contract with the federal government. In other words, the co-appellant had no privity of contract with the federal government. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Ahlers Cressman & Sleight leads in recognized Construction Litigation Attorneys

September 01, 2026 — Ahlers Cressman & Sleight PLLC
Ahlers Cressman & Sleight is pleased to announce its leading recognition in the 2026 Washington Super Lawyers magazine. With ten members named, ACS has more recognized Construction Litigation attorneys than any other firm on the 2026 Washington Super Lawyers list, compared to three at the next closest firm. Two ACS members were also recognized on the 2026 Washington Rising Stars list. Super Lawyers selects these recognized lawyers by using a patented multiphase selection process. First, lawyers enter the candidate pool by being nominated by their peers or by being identified by managing partner surveys, third-party feedback, or the Super Lawyersresearch team. Next, Super Lawyersconducts an independently researched evaluation using twelve indicators of professional achievement and peer recognition: verdicts/settlements, transactions, representative clients, experience, honors/awards, special licenses/certifications, position within a law firm, bar and/or professional activity, pro bono and community service, scholarly lectures/writings, education/employment background, and other outstanding achievements. Then, candidates with the highest point totals serve on a Blue Ribbon panel, evaluating other candidates within their primary practice area. Finally, only 5% of attorneys are selected for the Super Lawyers list, and 2.5% of attorneys are selected for the Rising Stars list. More information about the Super Lawyers Selection Process can be found here. Read the full story...
Reprinted courtesy of Ahlers Cressman & Sleight PLLC

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Settlement Agreements and Contracts Require a Meeting of the Minds

July 20, 2026 — David Adelstein - Florida Construction Legal Updates
A settlement agreement does not need to be executed for it to be enforceable as long as there was a MEETING OF THE MINDS. The same rings true for any contract regardless of whether the contract is signed – THERE NEEDS TO BE A MEETING OF THE MINDS. In a recent case dealing with the settlement agreement on a construction lien, the essential settlement terms (money and mutual release) were memorialized in an e-mail exchange between the parties (owner and subcontractor). The settlement required the owner to pay the principal amount plus some attorney’s fees and then a mutual general release would be prepared. In response to the confirmatory email, the owner sent a check, which the subcontractor deposited, but the owner refused to sign the release signed and sent by the subcontractor. The owner further claimed it doesn’t need to pay the attorney’s fees because the lien amount was paid in full. The subcontractor sued arguing the owner breached the terms of the settlement. The appellate court agreed. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Pursuing Claims for Loss Caused by Recent Kona Low Storms for Homeowners and Businesses

May 12, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The recent Kona Low storms that hit all islands were devastating, causing significant property damage. Homeowners and businesses will be seeking coverage under their insurance policies to recover for their losses. Here is a brief look at what may be covered and which exclusions may be troublesome in homeowners’ and commercial property policies. Typically, both a homeowners’ policy and a commercial property policy include a grant of coverage for “direct physical loss of or damage to Covered Property.” Covered perils are listed, including such events as fire, lightning, or windstorm. Covered Property includes dwellings, other structures on the property and personal property. Additional coverages are usually provided. This includes debris removal after a peril insured against or collapse of a structure. In a homeowners’ policy, additional living expenses are likely covered when the damaged home is not fit to live in. 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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