PHILLIPS COUNTY KANSAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

'Time to Be Human': Paul Doherty Talks Tech and Architecture

October 20, 2025 — Maggie Murphy - Construction Executive
Paul Doherty has worn more hats than most in the built environment. Trained as an architect in Manhattan, he detoured into technology early in his career - designing trade show booths for IBM in the late 1980s, back when Apple was still an upstart. That experience sparked a revelation: Computer companies, with their networks of component suppliers, looked a lot like general contractors managing subcontractors. Today, Doherty is president and CEO of the Digit Group, advising governments and developers worldwide on smart cities and emerging technologies. His work touches everything from blockchain-enabled smart contracts to AI agents, robotics and even the role of cultural anthropology in city design. In a recent conversation with Construction Executive, Doherty explains why he believes buildings are “computers we can live in,” how blockchain might finally deliver the trust construction contracts need and why small contractors shouldn’t be intimidated by cutting-edge tech. Above all, he stresses, technology should give people time back. Time to walk the site instead of sit in the trailer. Time to have better conversations with clients, coworkers and communities. Time to be human. Reprinted courtesy of Maggie Murphy, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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IRMI Expert Commentary: NY Highest Court Confronts Downstream Risk Transfer for Subcontractor Bodily Injury Claims

March 17, 2026 — Gregory D. Podolak & Alexander G. Hopkins - Saxe Doernberger & Vita, P.C.
Originally published on IRMI.com, copyright 2026 International Risk Management Institute, Inc. Subcontractor employee bodily injury claims (so-called action over claims) are a staple of construction risk management in the Empire State—so much so that the phrase “labor law” instinctively invites a shudder among the most experienced general contractors. The savvy among them intensely monitor case law developments and the evolution of the insurance market to ensure a cutting-edge, meticulously developed downstream risk transfer plan. And when guidance arrives from an appellate-level court, it’s a moment to take note. This is one of those moments. In late 2025, New York’s highest court—the NY Court of Appeals—had the rare opportunity to examine an all-too-routine bodily injury fact pattern and took the opportunity to closely examine the scope of contractual indemnity and its interplay with additional insured coverage in Dibrino v. Rockefeller Center N., Inc., 2025 N.Y. Slip Op. 07077, 2025 WL 3670593 (Ct. App. Dec. 18, 2025). Reprinted courtesy of Gregory D. Podolak, Saxe Doernberger & Vita, P.C. and Alexander G. Hopkins, Saxe Doernberger & Vita, P.C. Mr. Podolak may be contacted at GPodolak@sdvlaw.com Mr. Hopkins may be contacted at AHopkins@sdvlaw.com Read the full story...

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Maryland Enacts Climate-Cost Study Over Veto, New Jersey Advances Climate Superfund Proposal as Earlier State Laws Face Ongoing Court Challenges

January 21, 2026 — Amanda G. Halter, Ashleigh Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law Blog
Maryland lawmakers have overridden the governor’s veto to enact legislation directing a statewide assessment of climate-related costs, while New Jersey lawmakers are preparing a January committee hearing for the State’s pending Climate Superfund Act. Together, these actions underscore continued state-level interest in both study-based and liability-focused climate-cost attribution frameworks, even as four separate lawsuits challenging state climate superfund statutes in New York and Vermont proceed in federal court. Maryland Legislature Overrides Veto to Advance Climate-Cost Assessment On December 16, the Maryland General Assembly voted to override Governor Wes Moore’s veto of S.B. 149 / H.B. 128, the “Climate Change Adaptation and Mitigation – Total Assessed Cost of Greenhouse Gas Emissions – Study and Reports” Act. The vote followed the Governor’s announcement, just days earlier, that his administration would fully fund the study mandated by the bill, effectively reversing his prior veto. Reprinted courtesy of Amanda G. Halter, Pillsbury, Ashleigh Myers, Pillsbury and Jillian Marullo, Pillsbury Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Read the full story...

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Five Payne & Fears Attorneys Named 2026 Southern California Super Lawyers

March 10, 2026 — Payne & Fears LLP
Five Payne & Fears attorneys have been named to the 2026 Southern California Super Lawyers list in recognition of their work across a range of practice areas. This honor reflects their dedication to their clients, depth of experience, and the high standard of service they bring to every matter. Read the full story...
Reprinted courtesy of Payne & Fears LLP

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Construction and Design Contracts—They Are More Important Than You Might Think! (Law Note)

January 26, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
As regular readers of this Blog know, contracts are extremely important for all parties involved in a construction project. While verbal contracts can be enforced, a written contract, which is finely-tuned to your specific project, can save you a lot of time and money later on if the proverbial poo hits the fan. I recently read AIA’s take on contracts, in their Construction Risk Brief (which you should subscribe to [free] if you have not already). Their featured article is on “Best Practices for Construction Contracts”. In the piece, they discuss 7 key points to address in each contract. I concur for the most part, although want to point out that some of them (such as the regular monitoring and documentation bullet point) are deserving of their own post, as there is a *lot* that can and does go wrong during the construction administration phase. Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

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Five Kahana Feld Attorneys Recognized in 2025 Upstate New York Super Lawyers®

October 20, 2025 — Eva Paulson - Kahana Feld
NEW YORK - September 29, 2025 - Kahana Feld is pleased to announce that Eric Bernhardt, Marc Schulz, and Alice A. Trueman were included in the 2025 edition of Upstate New York Super Lawyers, and Adam Amirault and Marina Barci were selected to the 2025 Upstate New York Rising Stars list. Eric Bernhardt was awarded for his work in the Appellate practice area. Admitted in New York and California, Bernhardt is a partner in the firm’s Buffalo, NY office, and a member of Kahana Feld’s National Appellate Litigation & Consulting Group, as well as the New York general litigation team. His practice encompasses multiple types of litigation including the defense of New York Labor Law, construction, product liability, trucking, automobile accident, and premises liability cases. Read the full story...
Reprinted courtesy of Eva Paulson, Kahana Feld

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When Rule 702 Motions Fail: A Close Look at AECOM v. Flatiron

February 02, 2026 — Olivia Barden - Colorado Construction Litigation Blog
In AECOM Tech. Servs., Inc. v. Flatiron | AECOM, LLC, 2024 WL 22640 (D. Colo. 2024), the United States District Court for the District of Colorado addressed when expert testimony is not subject to be limited or excluded pursuant to Federal Rule of Evidence 702. Background In 2015, AECOM Technical Services, Inc. (“AECOM”) and Flatiron | AECOM, LLC (“Flatiron”) entered into an agreement, in which they agreed to work together to assemble a design/build team for the purposes of submitting a proposal to the Colorado Department of Transportation’s (“CDOT”) construction project known as C-470 Tolled Express Lanes Segment 1 Design-Build Project (the “Project”). AECOM provided the design and engineering services, and Flatiron submitted the proposal to CDOT. On or about June 16, 2016, CDOT awarded Flatiron the Project. Flatiron later claimed that AECOM’s design failed to follow basic engineering and project requirements. Read the full story...
Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC

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When “Normal Cracking” Isn’t So Normal: Parra v. Gillaspie Construction and the Two-Year Clock on Construction Defect Claims

November 18, 2025 — David McLain - Colorado Construction Litigation Blog
In Michelle and Michael Parra v. Gillaspie Construction, Inc. and Johnson Excavation, Inc. (Colo. App. No. 18CA0800, Mar. 21, 2019), not selected for official publication, the Colorado Court of Appeals reaffirmed an essential principle for builders, homeowners, and insurers alike: under the Colorado Construction Defect Action Reform Act (“CDARA”), the statute of limitations begins to run when a homeowner first observes physical manifestations of a defect, not when the homeowner later learns what caused those problems or concludes they are “excessive.” The case underscores how critical it is to identify, document, and evaluate early signs of construction distress, because waiting for confirmation of a defect can mean the difference between a viable claim and one that is time-barred. Background: Cracks, Gaps, and Growing Concern The Parras hired Gillaspie Construction and Johnson Excavation to build a custom home in Routt County. They moved in January 2010. Within the first year, they noticed cracks in walls, a kitchen backsplash pulling away, and flooring that was “[c]upping and gapping.” By 2013, additional cracking appeared in the office and hallway, gaps opened around the fireplace and hearth, and certain cabinet doors began to misalign. 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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