COMMERCIAL BUILDING EXPERT WITNESS BUILT UP ROOFING EXPERT WITNESS GRAYLING ALASKA ENGINEERING EXPERT WITNESS SUPPORTING BUILDERS CALIFORNIA ALASKA ALASKA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Milan Corruption Probe Casts Shadow Over Property Boom

August 05, 2025 — Luca Casiraghi - Bloomberg
For the past decade Milan has been in the grip of an extraordinary property boom. Now, a sprawling corruption probe into the city’s real estate industry threatens to cast a shadow over Italy’s financial capital. Prosecutors are investigating more than 70 people, including mayor Giuseppe Sala, while the city’s best-known developer will be questioned by the police and faces arrest, according to reports and documents seen by Bloomberg. The investigation has sent shock waves through a city in the midst of a real estate renaissance. Once the core of Italy’s manufacturing sector, Milan’s inner-city industrial areas have been transformed to gleaming office blocks and high-end homes in recent years, with prices defying gravity and outshining the rest of the country where values have stalled. Read the full story...
Reprinted courtesy of Luca Casiraghi, Bloomberg

---

Fairness is Relative. Workers Compensation and the Dreaded Section 7031

August 12, 2025 — Garret Murai - California Construction Law Blog
I’ve lost my share of cases over the years. Winning of course, feels great, and losing doesn’t. But losing teaches lessons that winning rarely can. At the most practical level, it forces you to take into consideration things that you could have done better or differently. More philosophically, it reminds you that no matter how much we think we’re in control, we often have less control than we think. Witnesses will surprise you or come across differently than what you expected. Documents will contain something you overlooked or thought was less important than what it turns out to be. And despite what you might tell yourself, you will never truly know what is going on in the mind of the trier of fact. As to this last point, it’s not that people do crazy things. Rather, it’s that what you think is crazy might be less crazy than you think. Case in point: American Building Innovation LP v. Balfour Beatty Construction, LLC, 104 Cal.App.5th 954 (2024). Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

---

New York Office Secures Victory in Trip & Fall Case After Bronx Supreme Court Grants Motion for Reargument

July 28, 2025 — Lewis Brisbois Newsroom
New York, N.Y. (June 25, 2025) - New York Partner Shawn Choudhury achieved a significant victory on behalf of his client, a subcontractor who recently completed sidewalk restoration work for a major utility provider in New York City, in a trip and fall case when a Bronx Supreme Court judge granted his motion for reargument and entered summary judgment for the client. The claim arose from a trip-and-fall accident in which the plaintiff alleged that she fell due to a raised sidewalk flag installed by our client. From the outset, Mr. Choudhury mounted a strong defense, moving for summary judgment on the grounds that the raised sidewalk did not cause the plaintiff to fall. Crucially, we submitted surveillance video which unequivocally showed that the plaintiff’s foot never made contact with the expansion joint or the alleged raised portion of the sidewalk prior to her fall. The video demonstrated that her right foot was firmly planted on the sidewalk, with clear space between her foot and the expansion joint, conclusively establishing that the identified condition had no role in causing the accident. Read the full story...
Reprinted courtesy of Lewis Brisbois

---

Assignment of Claim not Precluded by Policy’s Anti-Assignment Clause

October 21, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The Supreme Court of Maryland upheld the insured's assignment of a post-loss claim despite the policy's anti-assignment provision. In re Featherfall Restoration, LLC, 2025 Md. LEXIS 294 (Md. July 24, 2025). The insureds purchased a "High Value' homeowners policy from Travelers Home and Marine Insurance Company for their residence. The policy included an anti-assignment clause: "Assignment of this policy will to be valid unless we give our written consent." Three months after the policy expired, the insureds notified Travelers of damage to their roof that they contended resulted from a wind and hailstorm that occurred before the policy expired. The insureds hired Featherfall Restoration, LLC to repair their roof. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---

Acuity v. Kinsale Insurance Company: Co-Carrier Obligations and Subrogation under Colorado Law

November 21, 2025 — Olivia Barden - Colorado Construction Litigation Blog
In Acuity v. Kinsale Insurance Company, 750 F. Supp. 3d 1229 (D. Colo. 2024), the United States District Court for the District of Colorado addressed the duties and rights of multiple insurers that issued commercial general liability (“CGL”) policies to the same insured. The decision clarifies how subrogation and contribution apply when one carrier funds a settlement and another refuses to participate. Background Phipps Construction Company served as the general contractor for the construction of a retirement community in Lakewood, Colorado. Phipps subcontracted the stucco work to Monarch Stucco, Inc. When the project owner, BMSH I Lakewood CO LLC, alleged construction defects, it brought an arbitration action against Phipps. Phipps in turn filed a third-party claim against Monarch, alleging defective and cracking stucco on fifteen buildings. Read the full story...
Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC

---

In New Orleans, Katrina Taught a Lesson in Local Resilience

September 02, 2025 — Linda Poon - Bloomberg
As Hurricane Katrina barreled toward New Orleans in August 2005, families in the storm’s path faced a choice: stay or evacuate. For Bianchi Hughes, then 9 years old, her family’s decision wasn’t easy: Her father was recovering from open-heart surgery at Lindy Boggs Medical Center in New Orleans’ Mid-City neighborhood and would have to stay behind. Plus, he usually did all the driving. It wasn’t until an aunt called, urging the family to seek refuge in Mississippi, that Hughes’ mom finally hit the road with her two young daughters and their dog in tow. “We didn’t get to say bye to my dad at all,” Hughes recalled. Five days would pass before they learned what happened: He’d been safely evacuated from the hospital, which had been left flooded and without power or water for days after basement generators failed. In the storm’s aftermath, 45 patients died; the ruined medical complex was shuttered and remains vacant today. Read the full story...
Reprinted courtesy of Linda Poon, Bloomberg

---

Louisiana State Legislature 2025 Regular Session: Tort Reform - Acts & Vetoed Insurance Bill

October 06, 2025 — Jennifer Kretschmann - Lewis Brisbois Newsroom
New Orleans, La. (August 25, 2025) - In 2025, Louisiana lawmakers passed several tort reform acts with the aim of reducing frivolous lawsuits and addressing insurance issues. The Governor also vetoed an “insurance reform” bill limiting bad faith lawsuits against insurers. This summary outlines key developments from the Louisiana State Legislature’s 2025 regular session. Modification of Comparative Fault Scheme Act No. 15 (HB 431) changes Louisiana’s pure comparative fault scheme to that of a modified comparative fault scheme, as set forth in La Civ. Code Art. 2323. Under this new scheme people who are mostly at fault (51% or more) are barred from recovering damages. If the injured party’s fault is less than 51%, the amount of damages recoverable is reduced in proportion to the injured party’s fault. Importantly, in cases where the issue of comparative fault is submitted to the jury, 2323(D) requires the jury to be instructed on the effect of this Article. Act No. 15 and its changes to Art. 2323 will become effective January 1, 2026. Read the full story...
Reprinted courtesy of Jennifer Kretschmann, Lewis Brisbois
Ms. Kretschmann may be contacted at Jennifer.Kretschmann@lewisbrisbois.com

---

Construction Robotics: The Sentiment-Implementation Gap

August 18, 2025 — Aarni Heiskanen - AEC Business
Construction professionals are increasingly optimistic about robotics in their companies, according to BuiltWorlds’ just-released 2025 Equipment & Robotics Benchmarking Report. But while the mood is upbeat, actual implementation still lags in some areas. This raises important questions about the path from experimentation to standard practice. A Stronger Appetite for Robotic Innovation BuiltWorlds surveyed a diverse group of construction firms, including general contractors, specialty trades, and subcontractors, with annual revenues ranging from $2 million to $5 billion. This year’s data reveals a significant shift in how companies perceive their internal robotics initiatives. Negative attitudes have dropped significantly. In fact, not a single respondent rated their company’s robotics strategy as “poor,” compared to over 7% last year. Meanwhile, positive evaluations have surged: 95% of respondents now describe their organization’s efforts as “good” or better, up from 74% in 2024. “Excellent” ratings alone increased by nearly 10 percentage points. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

---