MAXWELTON WEST VIRGINIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

New Executive Order on AI Innovation and Security: Key Takeaways for the Construction Industry

June 15, 2026 — Richard R. Volack & Denis Serkin - Peckar & Abramson, PC
On June 2, 2026, President Trump signed an Executive Order titled “Promoting Advanced Artificial Intelligence Innovation and Security.” At its core, the Order is a cybersecurity and national-security measure rather than a broad regulation of how private companies develop or use AI. It directs federal agencies to harden government systems against AI-enabled cyber threats, establishes voluntary frameworks for collaboration between the federal government and the AI and critical-infrastructure sectors, and strengthens criminal enforcement against the malicious use of AI. Notably, the Order expressly disclaims any intent to create a “mandatory governmental licensing, preclearance, or permitting” regime for the “development, publication, release, or distribution of new AI models.” Instead, the Executive Order seeks to “promote AI innovation and security” by working with the private sector to modernize government and private-sector information systems and harden them against external threats, protect intellectual property from exploitation or theft, and cultivate American AI capabilities. Reprinted courtesy of Richard R. Volack, Peckar & Abramson, PC and Denis Serkin, Peckar & Abramson, PC Mr. Volack may be contacted at rvolack@pecklaw.com Mr. Serkin may be contacted at dserkin@pecklaw.com Read the full story...

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Insurer Dispenses with Bad Faith Claim on Summary Judgment

June 22, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court granted the insurer’s motion for partial summary judgment because the insured failed to present evidence that the insurer failed to conduct a reasonable investigation. PSY Burger, LLC v. State Farm General Insurance Company, 2026 U.S. Dist. LEXIS 66991(C.D. Cal. March 20, 2026). The insured’s commercial property suffered heavy damage from tropical storm Hilary. State Farm denied coverage to repair the damage. The insured sued State Farm alleging breach of contract and bad faith due to an inadequate investigation. Apparently, the insured did not retain an expert to opine on claims handling. 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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U.S. Supreme Court Decision Alters Course of $745M Louisiana Coastal Damage Judgment

June 15, 2026 — Jennifer Kretschmann & Jennifer E. Michel - Lewis Brisbois
The U.S. Supreme Court has issued a unanimous decision allowing oil and gas companies to move Louisiana coastal erosion lawsuits from state court to federal court under the federal officer removal statute. While the ruling is procedural, it carries significant implications for environmental- and energy-related risks. The case, Chevron U.S.A. Inc. v. Plaquemines Parish, Louisiana, Slip Op. 24-813 (April 17, 2026), addressed a threshold jurisdictional question but has broader significance for environmental and climate related litigation. State courts are often viewed as more favorable forums for plaintiffs asserting environmental damage claims, particularly those brought by governmental entities. The opinion issued on April 17, 2026 is the latest development in long-running Louisiana coastal litigation that began more than a decade ago. Starting in 2013, Louisiana parishes filed 42 lawsuits against oil and gas companies alleging environmental damage related to historic oil field operations. The parishes alleged that oil and gas companies violated state coastal management laws by failing to properly restore impacted areas. Chevron sought to remove the cases from state court under 28 U.S.C. § 1442(a)(1), known as federal officer removal, which provides federal jurisdiction over “any person acting under [an] officer” of the United States "for or relating to any act under color of such office." The Fifth Circuit rejected the argument and remanded the case, and others like it, to state court. Trial began in March 2025 in Point à la Hache, Louisiana. On April 4, 2025, the jury awarded a total of $745 million to compensate for land loss, contamination and abandoned equipment. On June 16, 2025, the U.S. Supreme Court agreed to review the question of whether a federal contractor can remove to federal court when sued for oil-production activities undertaken to fulfill a federal oil-refinement contract. Reprinted courtesy of Jennifer Kretschmann, Lewis Brisbois and Jennifer E. Michel, Lewis Brisbois Ms. Kretschmann may be contacted at Jennifer.Kretschmann@lewisbrisbois.com Ms. Michel may be contacted at Jenny.Michel@lewisbrisbois.com Read the full story...

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Amanda Mathieu Named to Massachusetts Lawyers Weekly 2026 “Top Women of Law” List

September 21, 2026 — Lewis Brisbois
Massachusetts Lawyers Weekly recently named Boston Deputy Managing Partner Amanda Mathieu to its 2026 “Top Women of Law” list, which honors leaders who have shown excellence, innovation, and meaningful contributions to the industry and their communities. According to the publication, “Top Women of Law honorees represent the very best of Massachusetts’ legal community—from accomplished advocates and firm leaders to pioneers, educators, trailblazers, and role models driving positive change throughout the profession. Their influence extends beyond the courtroom and boardroom, creating a lasting impact on their clients, colleagues, organizations, and communities.” “We are lucky to have Amanda as a leader in our Boston office, and a mentor to so many Lewis Brisbois Associates who are getting their careers started in the legal profession” said Managing Partner Ken Walton on this recognition. “This is a well-deserved honor for her, and I look forward to continuing to continuing to work with her as we deliver excellent results for our clients across the country." Read the full story...
Reprinted courtesy of Lewis Brisbois

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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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Engineering Seals Versus Contracts ‘Under Seal’ (Two Very Different Things)

May 05, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
Recently, I was asked by a reader to explain the difference between a document that is ‘sealed’ by an engineer (or architect) and one that is signed ‘under seal’. This question prompted
Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires

Sometimes You Get Away with Unwritten Contracts. . .

Wage Theft Investigations and Citations in the Construction Industry

The Importance of the Recent Amendment to Rule 702 of the Federal Rules of Evidence

Real Estate & Construction News Roundup (04/18/23) – Clean Energy, Critical Infrastructure and Commercial Concerns

Court Holds That Trimming of Neighbor’s Trees is Not an Insured Accident or Occurrence

Almost Nothing Is Impossible

Loss Caused by Subcontractor's Faulty Work Covered in Georgia

Court of Appeals Upholds Default Judgment: Serves as Reminder to Respond to Lawsuits in a Timely Manner

U.S. Supreme Court Weighs in on Construction Case

Improperly Installed Flanges Are Impaired Property

Seyfarth Shaw’s Construction Group Receives Top Tier Recognition from Legal 500

A Court-Side Seat: Clean Air, Clean Water, Citizen Suits and the Summer of 2022

West Virginia Couple Claim Defects in Manufactured Home

Five Snell & Wilmer Partners Named to Utah Business’ 2026 Legal Elite

Insurance Firm Defends against $22 Million Claim

Idaho Federal Court Rules Against Sacketts After SCOTUS Decided Judicial Review of an EPA Compliance Order was Permissible

Oregon to Add 258,000 Jobs by 2022, State Data Shows

Sustainability Is an Ever-Increasing Issue in Development

Deleted Emails Cost Company $3M in Sanctions

Facts about Chinese Drywall in Construction

Navigating Federal Government Contracts Under Newly Imposed Tariffs

Why A.I. Isn’t Going to Replace Lawyers Anytime Soon

Additional Insurance Coverage Determined for General Contractor

Defense Owed for Product Liability Claims That Do Not Amount to Faulty Workmanship

The Construction Project is Late—Allocation of Delay

Convictions Obtained in Las Vegas HOA Fraud Case

Defects, Delays and Change Orders

Designed to Expose: Beware Lender Certificates

Massachusetts Nuclear Verdict Leads To $90M Bad Faith Award

Alert: AAA Construction Industry Rules Update

Contractor’s Charge Of Improvements To Real Property Not Required For Labo
New Home Construction Booming in Texas

New FAR Rule Mandates the Use of PLAs on Large Construction Projects

Read the Property Insurance Policy to be Sure You are Complying with Post Loss Obligations

Let’s Talk About a Statutory First-Party Bad Faith Claim Against an Insurer

Your Bad Faith Jury Instruction Against an Insurer is Important

The Three L’s of Real Estate Have New, Urgent Meaning

$6 Million in Punitive Damages for Chinese Drywall

Damage Caused Not by Superstorm Sandy, But by Faulty Workmanship, Not Covered

Investigators Eye Fiber Optic Work in Deadly Wisconsin Explosion

Indiana Federal Court Holds No Coverage for $50M Default Judgment for Lack of Timely Notice of Class Action

Defense Dept. IG: White House Email Stonewall Stalls Border Wall Contract Probe

Professional Services Exclusion in CGL Policies

Window Installer's Alleged Faulty Workmanship On Many Projects Constitutes Multiple Occurrences

“Bound by the Bond”

Demolition Started for Boston’s $200M Professional Women’s Soccer Stadium Renovation Despite Looming Trial

Real Estate & Construction News Roundup (2/21/24) – Fed Chair Predicts More Small Bank Closures, Shopping Center Vacancies Hit 15-year Low, and Proptech Sees Mixed Results

Las Vegas HOA Case Defense Attorney Alleges Misconduct by Justice Department

Agrihoods: The Best of Both Worlds

What Startup Funding Reveals About the Future of Construction Technology

Congratulations to Partner Vik Nagpal on his Nomination for West Coast Casualty’s Jerrold S. Oliver Award of Excellence!

Colorado “occurrence”

$48 Million Award and Successful Defense of $135 Million Claim

Economic Damages and the Right to Repair Act: You Can’t Have it Both Ways

Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered by CGL Policies

Eleventh Circuit’s Noteworthy Discussion on Bad Faith Insurance Claims

No Additional Insured Coverage for Subcontractor's Work Outside Policy Period

Flawed Welding Faulted in Mexico City Subway Collapse

Real Estate Developer Convicted in $1.3 Billion Tax Case After Juror Removed

An Overview of the New EPA HVAC Refrigerant Regulations and Its Implications for the Construction Industry

Settlement Conference May Not Be the End in Construction Defect Case

Mandatory Attorneys’ Fee Award for Actions Brought Under the Underground Utility Damage Prevention Act

"Your Work" Exclusion Bars Coverage for Contractor's Faulty Workmanship

Edward Beitz and William Taylor Recognized by US News – Best Lawyers as a "Lawyer of the Year"

San Francisco Sues Over Sinking Millennium Tower

Project Team Upgrades Va. General Assembly

When Cyber Crooks Steal Payments, Think Insurance Makes Up The Loss? Think Again.

A Homeowner’s Subsequent Action is Barred as a Matter of Law by way of a Prior “Right to Repair Act” Claim Resolved by Cash Settlement for Waiver of all Known or Unknown Claims

It's a Wrap! Enforcing Online Agreements in Light of the CPRA

Insurer's Failure to Settle Does Not Justify Multiple Damages under Unfair Claims Settlement Law

How to Fix America

Are Proprietary Specifications Illegal?

Autovol’s Affordable Housing Project with Robotic Automation

HHMR is pleased to announce that David McLain has been selected as a 2020 Super Lawyer

$57M Settlement Keeps Red River Diversion Project Claims Out of Court

Blueprint for Change: How the Construction Industry Should Respond to the FTC’s Ban on Noncompetes

Federal Government Sues Four States Over Climate Superfund Laws and Climate Change Litigation

2019 Legislative Session

Colorado Introduces Construction Defect Bill for Commuter Communities

Parties to an Agreement to Arbitrate May be Compelled to Arbitrate with Non-Parties

One Word Makes All The Difference – The Distinction Between “Pay If Paid” and “Pay When Paid” Clauses