HOUSTON TEXAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

IEEPA Tariff Refunds: CBP Launches CAPE Process

April 27, 2026 — David J. Creagan, Guido Antolini, Bruce W. MacLennan & Gary P. Biehn - White and Williams LLP
On April 20, 2026, U.S. Customs and Border Protection (CBP) launched the first phase of the Consolidated Administration and Processing of Entries (CAPE) tool in the Automated Commercial Environment (ACE) portal to administer refunds of duties imposed under the International Emergency Economic Powers Act (IEEPA) through a streamlined electronic filing process. Background In February 2026, the U.S. Supreme Court held that certain tariffs imposed under IEEPA were unlawful. Subsequent proceedings before the U.S. Court of International Trade required CBP to develop a scalable refund process applicable not only to litigants but also to non-plaintiffs. According to CBP and court filings, approximately 330,000 importers paid or deposited an estimated $166 billion in IEEPA duties across more than 53 million entries. In response, CBP developed CAPE as an electronic, consolidated refund mechanism within ACE. Reprinted courtesy of David J. Creagan, White and Williams LLP, Guido Antolini, White and Williams LLP, Bruce W. MacLennan, White and Williams LLP and Gary P. Biehn, White and Williams LLP Mr. Creagan may be contacted at creagand@whiteandwilliams.com Mr. Antolini may be contacted at antolinig@whiteandwilliams.com Mr. MacLennan may be contacted at maclennanb@whiteandwilliams.com Mr. Biehn may be contacted at biehng@whiteandwilliams.com Read the full story...

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What Startup Funding Reveals About the Future of Construction Technology

December 02, 2025 — Aarni Heiskanen - AEC Business
If the seeds of tomorrow’s construction technology are sown today, what does the future look like? Nymbl Ventures’ Q3 2025 ConTech Market Report reveals interesting data on the ConTech scene. A Growth Curve First of all, Construction Tech (“ConTech”) is performing well compared to other built environment technologies. According to Nymbl, VC investment in the built environment increased by around 27% year-over-year through Q3 2025, with the ConTech category leading the way. ConTech investments in the first three quarters totaled about $3.7 billion, more than twice the amount during the same period in 2024. Later-stage (post-Series A) deals accounted for 80% of funding in the third quarter. This suggests the market is moving from early experimentation to scaling and validating technologies in construction. 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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So You Want to Build a Safety Plan

November 18, 2025 — Construction Executive
As unique and nuanced as each construction project, so are the safety needs of each company handling the project. To learn how to tailor a safety program to your company’s needs, Construction Executive sat down with Tony Foster, senior EHS director at Skanska. From how-tos on getting started, creating buy-in and keeping up to date on OSHA standards, to taking advantage of the latest safety technology, here is his insider knowledge: What type of safety program is best for which kinds of businesses? (i.e. small vs. large firm; regional vs. national; architect and design vs. manufacturer; general contractor vs. subcontractor; etc.) The approach to safety shouldn’t change by project, no matter how big or small. The most important task is the project, but also making the people who are working on the project feel like they are a part of the program and can ask questions about any concerns that they have. There needs to be visibility of leaders on the project, and an open line of communication when it comes to safety on the worksite. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Construction Liens and the “Substantial Performance” Doctrine

April 08, 2026 — David Adelstein - Florida Construction Legal Updates
In a recent case dealing with a construction lien, the driving issue was whether the air conditioning contractor “substantially performed” before recording its construction lien against residential property. The importance here pertains to the substantial performance doctrine with respect to construction liens. The Third District Court of Appeal explained, with relevant citations, this doctrine as follows: Under Florida law, a contractor is entitled to a mechanic’s lien if he complies with all provisions of Chapter 713, governing construction liens, and “has substantially performed the contract.” Grant v. Wester, 679 So. 2d 1301, 1307 (Fla. 1st DCA 1996) (quotation omitted); Langley v. Knowles, 958 So. 2d 1149, 1151 (Fla. 5th DCA 2007) (“The substantial performance doctrine recognizes that a contactor who complies with all of the provisions of the contactor’s lien statute is entitled to enforce a lien if he has substantially, but not completely, performed his contractual obligations.”). Substantial performance is performance “so nearly equivalent to what was bargained for that it would be unreasonable to deny the promisee the full contract price subject to the promisor’s right to recover whatever damages may have been occasioned him by the promisee’s failure to render full performance.” Ocean Ridge Dev. Corp. v. Quality Plastering, Inc., 247 So. 2d 72, 75 (Fla. 4th DCA 1971). Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Understanding Common Risk-Shifting Provisions in Construction Contracts

November 04, 2025 — Troy Mainzer - The Dispute Resolver
Whether you are an owner, general contractor, subcontractor, or supplier, your relationship to the project will almost certainly be governed by a contract. While provisions governing payment and scope of work are essential, risk-shifting provisions that allocate certain risks and liabilities among parties play a critical role in protecting you in the event of disputes that, with enough projects, are inevitable. This article outlines some of the most common risk shifting provisions and why you should consider including them in your construction contracts. 1. Indemnity An indemnification provision is a contractual provision under which one party (the indemnitor) agrees to assume liability for the losses incurred by another party (the indemnitee). Most commonly, the indemnitor agrees to defend, reimburse, and hold the indemnitee harmless from certain specified liabilities, often those arising from the indemnitor's work or negligence. For example, a general contractor might require that its subcontractors indemnify the general contractor for any claim made against the general contractor that arises from wrongdoing relating to that subcontractor’s scope of work. However, parties should consult with an attorney to make sure that their indemnity language complies with applicable state laws. Most state statutes have provisions that set forth certain requirements for an indemnification provision to be enforceable and upheld in court. Read the full story...
Reprinted courtesy of Troy Mainzer, Carlton Fields, P.A.
Mr. Mainzer may be contacted at tmainzer@carltonfields.com

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Breaking Ground On New California Public Works Prevailing Wage Requirements

April 27, 2026 — Heather Frisch, Christopher Bouquet & Ashley Stein - The Construction Seyt
Seyfarth Synopsis: As of January 1, 2026, AB 889 bulldozed California’s Prevailing Wage law, which impacts public works employers—including public agencies, the contractors that work for them, and private owners and developers whose projects may be subject to public works requirements. The amended law reframes the calculation of fringe benefits for individuals who work on public works project and mandates annualization of such benefits, demolishes the practice of frontloading these benefits, and requires employers to maintain inspection-ready records of compliance. This year, AB 889 significantly revised California’s prevailing wage law, codified at Labor Code section 1773.1, to clarify the state’s prevailing wage regulations and streamline enforcement. Accordingly, as of January 1, 2026, California public works employers are required to annualize employees’ fringe benefits and maintain specific documentation demonstrating statutory compliance. These new obligations impact public agencies and their contractors, as well as private owners and developers whose projects may be subject to public works requirements. Continue reading for the blueprint of how to comply with the state’s amended prevailing wage law. Reprinted courtesy of Heather Frisch, Seyfarth Shaw LLP, Christopher Bouquet, Seyfarth Shaw LLP and Ashley Stein, Seyfarth Shaw LLP Ms. Frisch may be contacted at hfrisch@seyfarth.com Mr. Bouquet may be contacted at cbouquet@seyfarth.com Ms. Stein may be contacted at astein@seyfarth.com Read the full story...

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It’s That Time of Year: Contract Review Time

February 02, 2026 — Garret Murai - California Construction Law Blog
My father used to make me wash the family cars every weekend . . . rain or shine. The nice thing about washing a car in the rain is that you don’t need to dry it. Once, while sudsing up one of the family cars in the rain I spotted a couple of Jehovah Witnesses making house calls along our street. As they approached our house, they looked at me, said something to one another, and decided membership probably wasn’t a good fit for our family. If my dad saw that he probably would have thought that was reason enough to have me wash the family cars in the rain. Obviously, I never mentioned it to him. This is all a rather nostalgic way of reminding myself to get off my duff. The holidays are over. There’s stuff needing doing. Whether you like it or not. Like updating my contracts. You might consider doing the same. A few suggestions: Retention For certain private works construction contracts entered into on or after January 1, 2026, retention is now capped at 5%, mirroring the 5% retention cap on state and local public works construction contracts. The 5% retention cap applies to contracts between owners and direct contractors, between direct contractors and subcontractors, and between subcontractors. So, basically, everyone up and down the construction change. Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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John Palmeri and Peter Siachos Named to 2026 Lawdragon 500 Leading Lawyers in America

February 17, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani is proud to announce that Partners John Palmeri and Peter Siachos have been named to the Lawdragon 500 Leading Lawyers in America for 2026. Their inclusion reflects their extensive trial experience, national leadership roles, and sustained excellence representing clients in complex, high-stakes matters. Now in its 21st year, the Lawdragon 500 Leading Lawyers in America guide honors attorneys who lead the profession through exceptional advocacy, dedication to clients, and influence within their firms and communities. Selected through yearlong research, peer discussion, and robust nominations, the guide recognizes lawyers who continue to shape the legal landscape at the highest levels. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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