COMMERCIAL BUILDING EXPERT WITNESS CONDOMINUM EXPERT WITNESS HIGH SPRINGS FLORIDA FLORIDA FLORIDA ENGINEERING EXPERT WITNESS COMMERCIAL AND RESIDENTIAL CONSTRUCTION EXPERTS FLORIDA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Standing When It Comes to Real Property Owned by a Trust

February 23, 2026 — David Adelstein - Florida Construction Legal Updates
It is not uncommon for property to be owned in the name of the trust as part of an estate planning agenda. In construction, improvements are made all the time to real property owned in the name of a trust or later transferred to a trust for estate planning purposes. In a recent case, the question became that if the property is owned by the trust does only the trust have standing to file the lawsuit. In this case, homeowners, in their individual capacities, sued a flooring contractor for defective work; however, prior to the lawsuit, the homeowners deeded the home (which would include the flooring in the home) to a revocable trust. The plaintiffs, though, were the trustees of the revocable trust and the settlors of the trust. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

---

A Lesson from the Criminal Courtroom to Construction Contractors About Videos and Photos

September 30, 2025 — Matthew DeVries - Best Practices Construction Law
Yesterday, the Sixth Circuit issued its opinion in Feagin v. Mansfield Police Department et al (Sept. 11, 2025), which involved an excessive force claim by a criminal defendant. Following his conviction for firearm and drug trafficking charges, the defendant sued the officers alleging claims of “excessive force” and the denial of “adequate medical care” in violation Fourth and Eighth Amendments. How is this relevant to my construction dispute, Matt? Stick with me. The appellate court’s opinion started like no other opinion I have read:

“Advancing technology reaches every corner of society. The law is no exception. Consider, on this front, the advent of portable recording devices, from those attached to the body (body cams) to those placed on a vehicle’s dashboard (dash cams).... The court system has especially benefitted from these advancements. Whereas encounters with law enforcement historically had to be understood through witness recollections alone, video now captures key aspects of the engagement, if not the entire event itself. According to one recent study, video evidence has resulted in cases being decided more quickly, with fewer disputed facts....

Read the full story...
Reprinted courtesy of Matthew DeVries, Buchalter
Mr. DeVries may be contacted at mdevries@buchalter.com

---

Bronx Public Housing Tower Partially Collapses

October 06, 2025 — Associated Press - Bloomberg
NEW YORK (AP) - A massive brick chimney running 20 stories up the side of a New York City apartment building collapsed after an explosion Wednesday, sending tons of debris plummeting to the ground. The falling bricks buried a sidewalk, landed on the playground of the public housing building and sent a cloud of dust billowing over the block in the Bronx, but amazingly did not injure anyone. “We avoided a major disaster here,” said Bronx Borough President Vanessa Gibson at a news conference. Mayor Eric Adams confirmed no injuries or deaths were reported in the collapse of the chimney, which rose up the side of the building from the boiler room. Authorities learned of an explosion just after 8 a.m. and were trying to determine if there had been a gas leak. Read the full story...
Reprinted courtesy of Bloomberg

---

General Commercial Liability Coverage Depends on Facts - Not Labels

October 27, 2025 — Michael Yelle - Ahlers Cressman & Sleight PLLC
The Twiggs hired Rainier Pacific Development, LLC to build a home. But, after the home was complete, the Twiggs complained the concrete garage slab was sloped toward the house and cracked.[1] The Twiggs and Rainier agreed to a “Repair Agreement” (in other words, a contract) that obligated Rainier to repair the slab by applying a thin concrete overlay.[2] The Twiggs alleged the repairs were defective and proceeded to arbitration. In arbitration, the Twiggs made a claim for breach of contract by alleging Rainier had breached the Repair Agreement.[3] The arbitrator ruled in favor of the Twiggs, and a trial court entered judgment against Rainier. When the Twiggs’ efforts to collect on the judgment were unsuccessful, the Twiggs sued Rainier’s commercial general liability insurer, Admiral Insurance Group.[4] Read the full story...
Reprinted courtesy of Michael Yelle, Ahlers Cressman & Sleight PLLC
Mr. Yelle may be contacted at michael.yelle@acslawyers.com

---

Why the Renovation of Federal Reserve Headquarters Costs $2.5 Billion

January 21, 2026 — Kriston Capps - Bloomberg
For months, the renovation of the Federal Reserve’s headquarters in Washington has been a subject of friction between the White House and the central bank. On Jan. 11, Fed Chair Jerome Powell said the Justice Department had issued subpoenas in advance of a possible criminal indictment related to the ongoing work. The cost of the work has ballooned to $2.5 billion, and allies of President Donald Trump have previously pressed for an investigation. Powell described the DOJ inquiry as a pressure campaign led by the White House. Any evidence of mismanagement or fraud, as Trump administration officials have suggested, could prove a useful pretext for removing Powell, who the president has repeatedly lambasted for interest rates higher than he’d like. Read the full story...
Reprinted courtesy of Kriston Capps, Bloomberg

---

Identifying Unfair Clauses in Construction Contracts

February 17, 2026 — Curtis W. Martin - Peckar & Abramson, P.C.
In 1979, virtually all projects were completed under form contracts. As I started practicing construction law, it seemed that most form contracts were generally fair. They were negotiated by industry groups and over the next 10-20 years they appeared to become fairer. We could and did compare provisions in the AIA documents, the Federal contract forms, and the EJCDC agreements. When we did, we found subtle differences, but broad similarities in their approach to contract risk allocation. Today many (most?) private projects are done with “manuscript” contracts – instruments tailored to the owner’s interests. And many public entities have developed their own contracts. And not all those clauses seem so fair. This month I focus on contract clauses that I consider unfair. And while unfairness, like beauty, may be in the eye of the beholder, I think that the clauses described below aptly fit that descriptor. Read the full story...
Reprinted courtesy of Curtis W. Martin, Peckar & Abramson, P.C.
Mr. Martin may be contacted at cmartin@pecklaw.com

---

California’s Retention Reform on Private Construction Projects

February 17, 2026 — Michael McKeeman - The Construction Seyt
Retention has long been a contentious issue in California construction. Traditionally, owners withheld retention of 10% from each progress payment until completion, arguing it was necessary to ensure performance, quality and timely delivery. Contractors and subcontractors, however, often struggled with cash flow, payroll, and material costs while waiting months—sometimes even years—for withheld retention. Recognizing the financial challenges contractors and subcontractors face, the California legislature passed Senate Bill 61 (“SB 61”), now codified under California Civil Code Section 8811 and effective January 1, 2026, limiting retention to 5% on private works of improvement, aligning with the public works standard in place since 2012. The law’s intent is clear—ease financial strain on contractors and subcontractors while still providing owners with security (albeit reduced) with respect to project completion. Read the full story...
Reprinted courtesy of Michael McKeeman, Seyfarth
Mr. McKeeman may be contacted at

---

Managing Tariff Volatility in Cross‑Border U.S. Construction Projects: Practical Contract‑Drafting and Procurement Strategies

March 10, 2026 — Sara Beiro Farabow & Michael Wagner - The Construction Seyt
Volatile U.S. tariff announcements continue to affect international supply chains for U.S. construction projects. Although recent litigation has centered on the scope of presidential tariff authority rather than construction‑specific disputes, these decisions carry important implications for how parties structure risk in their contracts. In May 2025, the U.S. Court of International Trade (CIT) struck down certain “Liberation Day” tariffs as exceeding presidential authority under IEEPA. A federal district court in Washington, D.C. likewise issued a preliminary injunction suspending related tariffs—though it later stayed its own order pending appeal. And the Supreme Court has agreed to review cases addressing the legal limits of IEEPA‑based tariffs. While none of these developments arises from construction disputes, the themes they highlight—timing, statutory authority, and documentation—mirror the issues encountered when tariff conditions disrupt international procurement. The following strategies reflect practical steps U.S. project owners, contractors, and foreign suppliers can take to mitigate risk, drawing on drafting approaches now widely used across major construction forms, including—but not limited to—modified AIA agreements. Reprinted courtesy of Sara Beiro Farabow, Seyfarth Shaw LLP and Michael Wagner, Seyfarth Shaw LLP Ms. Farabow may be contacted at sfarabow@seyfarth.com Mr. Wagner may be contacted at mewagner@seyfarth.com Read the full story...

---