LYBURN WEST VIRGINIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Fraud Allegations Stymie Additional Insured’s Request for a Defense

May 14, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Federal District Court granted the insurer’s motion to dismiss the insured’s complaint seeking a defense of the underlying case alleging fraud. Renovation Realty, Inc. v. Colony Ins. Co., 2026 U.S. Dist. LEXIS 21409 (S.D. Cal. Jan. 30, 2026). Mara Fortin sued Renovation Realty and others (“Fortin litigation”) from the fraudulent sale of a residence. The underlying complaint alleged Renovation “deliberately misrepresented of the residence as ‘completely remodeled’ and ‘meticulously maintained’.” The defendants, however, including Renovation, “knew from sources including a pre-renovation termite report documenting fungus and dry rot . . . that the Property harbored pre-existing material defects.” 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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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...

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AI Can Now Train the Soft Skills Construction Ignored

August 03, 2026 — Aarni Heiskanen - AEC Business
Most AEC professionals learn to work in teams and across teams through trial and error. There are, however, opportunities to better prepare for the real world with formal training. Until now, it has required human facilitators. Now, generative AI is emerging as a scalable alternative, which I’m also exploring. A Gap in Curricula When I studied architecture, most of the teamwork happened with co-students in the same department. However, one course focused on industrial projects where future architects and engineers collaborated on a simulated project. I’m not sure if a similar course is still in the curriculum, but it was certainly worthwhile and should have been much more extensive. 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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Building in Arizona’s Data Center Boom: How Federal Executive Orders, State Regulation, and National-Security Policy Are Reshaping the Rules for Developers

June 02, 2026 — Ryan J. Regula - Snell & Wilmer
Developers and practitioners evaluating data center projects in Arizona face a regulatory environment shifting on three fronts simultaneously. Federal executive orders are opening new land, streamlining permitting, and channeling financial incentives toward qualifying projects — but they are not preempting the state and local rules that most directly affect project economics. A carve-out in the December 2025 Artificial Intelligence (AI) Framework Executive Order preserves Arizona’s authority over data center infrastructure, meaning the Arizona Corporation Commission’s (ACC) rate-classification docket, municipal zoning restrictions, water-use ordinances, and pending grid cost-allocation legislation remain the binding constraints on project feasibility. Understanding where federal tailwinds end and state and local headwinds begin is essential for any developer sizing risk or selecting sites in the state. The Federal Landscape: An Interlocking Framework of Executive Orders Five interlocking executive orders are accelerating data center development nationally, but none overrides Arizona’s authority over siting energy, or infrastructure. Read the full story...
Reprinted courtesy of Ryan J. Regula, Snell & Wilmer
Mr. Regula may be contacted at rregula@swlaw.com

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From Dark Data to Building Intelligence

July 13, 2026 — Aarni Heiskanen - AEC Business
In this episode, I talk with Mark Sorsa-Leslie, founder and CEO of Auttaa AI, whose team just won first place in Luotea’s inaugural hackathon in Helsinki for turning property maintenance from reactive firefighting into proactive forecasting with AI. Mark is a chartered surveyor with 30 years of real estate data experience, previously the founder of the UK sensor company Beringar. We discuss why so much building data stays dark and siloed, from outdated networking technology to the shortage of people who understand both engineering and property. Mark explains how Auttaa bridges real-time building data with large language models, using what he calls an “influence graph” to surface correlations and causation across previously disconnected systems, such as linking occupancy patterns to CO2 readings to diagnose ventilation problems in minutes rather than days. 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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Thank You All for 10 Years Straight of VA Super Lawyers

May 05, 2026 — Christopher G. Hill - Construction Law Musings
It is with humility and a sense of accomplishment that I announce that I have been selected for the tenth straight year to the Virginia Super Lawyers in the Construction Litigation category for 2026. Add this to my recent election to the Virginia Legal Elite in Construction and I’ve had a pretty good year. As always, I am thrilled to be included on these peer-elected lists. Your confidence in my work is very gratifying. So without further ado, thank you to my peers and those on the panel at Virginia Super Lawyers for the great honor. I feel quite proud to be part of the 5% of Virginia attorneys that made this list for 2026. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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GRSM Trial Team Holds Alameda County Asbestos Verdict to $900,000 Against $50 Million Demand

July 27, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani Partners John Katerndahl and Vincent Gunter recently obtained an outstanding trial result for a manufacturer of asbestos-containing electrical cable, holding a jury verdict to $900,000 against a $50 million demand following an eight-week trial in Alameda County Superior Court, which is among the most challenging asbestos venues in the country. The GRSM team also included Associate Brandon Sanchez, on-site trial Paralegal Laura Vitanova, and Paralegal Kerrie Lease. The plaintiffs, the surviving spouse and four children of a former painter who died of mesothelioma, alleged that the decedent was exposed to asbestos from the company’s electrical cable during construction of a California nuclear power facility. GRSM’s client was the sole remaining defendant at trial. The plaintiffs asked the jury for $50 million and called 15 witnesses across their case-in-chief and rebuttal. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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Nevada’s Mandatory Nonbinding Arbitration Law for Civil Cases is Going Through Changes

May 14, 2026 — Brandon Wright & Manuel Gurule - Lewis Brisbois
Nevada currently operates an expedited litigation program designed to resolve civil disputes with a value up to $50,000 without incurring the “usual” expense of litigating these disputes. Over time, however, the number of civil cases that have been “exempted” from this program based on the claimed damages exceeding $50,000 has grown dramatically. In response, the Nevada Legislature recently enacted a number of rule changes designed to streamline Nevada’s arbitration process and include more cases. Among these changes are increasing the arbitration “cap” from $50,000 to $100,000. By way of background, the Nevada’s Court Annexed Arbitration program is a mandatory, non-binding program for civil cases in judicial districts that have county populations of 100,000 or more [1]. Nevada’s Court Annexed Arbitration was born out of NRS 38.250, which was enacted in 1991 and went into effect in the summer of 1992. The newly enacted NRS 38.250 was regarded as a way to address the problem of increased court caseloads while promoting judicial economy and efficiency in civil cases having a probable jury award of less than $25,000 [2]. Initially, cases that were automatically exempt from the program included class actions, medical malpractice disputes, divorce proceedings, and other domestic relations matters [3]. Reprinted courtesy of Brandon Wright, Lewis Brisbois and Manuel Gurule, Lewis Brisbois Mr. Wright may be contacted at Brandon.Wright@lewisbrisbois.com Mr. Gurule may be contacted at Manuel.Gurule@lewisbrisbois.com Read the full story...

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