Cambridge Massachusetts Construction Expert Witness Directory

Recovering Attorney’s Fees and Arguing the Fees Are Inextricably Intertwined

December 02, 2025 — David Adelstein - Florida Construction Legal Updates
Attorney’s fees are a big part of any dispute. And the attorney’s fees should be because fees are a factor and can ultimately drive the outcome of a dispute. No one wants to spend $100,000 in fees to recover $100,000, so the conversation regarding attorney’s fees needs to be had early. Generally, a party can recover reasonable attorney’s fees if authorized by contract or by statute. So, there would need to be a prevailing party attorney’s fees provision in a contract, if suing on a contract, or there would need to be a statute authorizing the recovery of attorney’s fees, if suing on a statute. Then, there is authority that the party still needs to prevail on the significant issues in the dispute, as determined by the trial court (or binding arbitrator), in order to be the prevailing party for purposes of attorney’s fees. (Absent that, you are dealing with a proposal for settlement to create a procedural basis to recover fees, which is explained here.) Reasonable attorney’s fees, however, does not mean you will recover 100% of your attorney’s fees. Some percentage will presumably be discounted meaning becoming 100% whole when factoring in attorney’s fees is not always a practical outlook. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Los Angeles Team Secures Defense Verdict for Public Entity Client in High-Exposure Personal Injury Case

July 08, 2025 — Lewis Brisbois Newsroom
Los Angeles, Calif. (June 11, 2025) - Los Angeles Partners Dana Alden Fox and Laurie Stayton secured a complete defense verdict for their public entity client in a high exposure personal injury case in Tulare County Superior Court. The plaintiff, a 13-year-old boy, suffered a severe and permanent traumatic brain injury and serious orthopedic injuries after being struck by a vehicle going 45 mph while attempting to cross a state highway at an unmarked crosswalk. The plaintiff claimed the intersection and crosswalk constituted a dangerous condition of public property, suing the vehicle driver, the State of California (Caltrans), and Lewis Brisbois' client, the City of Tulare, for damages. The plaintiff was airlifted for medical care, and had a GCS score of 3. He underwent several surgeries and months of both inpatient and outpatient rehabilitation. Experts unanimously agreed at trial that the plaintiff had sustained a severe traumatic brain injury, experienced permanent cognitive deficits, would not be able to work in the open labor market, and would need lifelong medical care and treatment. The plaintiff requested the jury award $55 million in damages. Read the full story...
Reprinted courtesy of Lewis Brisbois

Seyfarth’s Brenda Radmacher Presents at Construction Defect and Insurance Conference

June 23, 2025 — Brenda Radmacher - The Construction Seyt
Last week, Seyfarth’s Brenda Radmacher presented at West Coast Casualty’s 31st Annual Construction Defects Conference. Along with other industry leaders in the construction industry, Brenda provided professional tips on how to best manage risk, avoid, and mitigate construction disputes. The key takeaways include: 1. Innovation is Reshaping Risk

3D printing, modular construction, and robotics are revolutionizing how buildings are made—but they also introduce new liability questions.
As construction methods evolve, so do the types of defects and the parties potentially responsible.

2. Climate and Sustainability Are Driving Legal Change

Extreme weather events and climate adaptation are pushing updates to building codes and increasing defect claims.
Green building materials and energy-efficient systems are becoming standard, but they come with performance and durability uncertainties.

Read the full story...
Reprinted courtesy of Brenda Radmacher, Seyfarth Shaw LLP
Ms. Radmacher may be contacted at bradmacher@seyfarth.com

EPA Grants Arizona Lead Over Underground Injection Control Program

October 27, 2025 — Patrick J. Paul & John Habib - Snell & Wilmer
On September 10, 2025, the U.S. Environmental Protection Agency (EPA) announced a final rule granting Arizona primacy to administer all classes of underground injection wells under the Safe Drinking Water Act (SDWA). This decision transfers authority for permitting and oversight of the Underground Injection Control (UIC) program from EPA to the Arizona Department of Environmental Quality (ADEQ). UIC Program The UIC program safeguards underground drinking water sources by regulating six classes of wells, from hazardous waste disposal (Class I) to carbon capture and storage (Class VI). States may obtain primacy if they demonstrate their program meets federal requirements. EPA’s approval followed a detailed technical and legal review of Arizona’s application and determined that ADEQ has the resources and statutory authority to implement the program consistent with SDWA. Reprinted courtesy of Patrick J. Paul, Snell & Wilmer and John Habib, Snell & Wilmer Mr. Paul may be contacted at ppaul@swlaw.com Mr. Habib may be contacted at jhabib@swlaw.com Read the full story...

New Law, Old Risks: Why Colorado’s H.B. 25-1272 May Backfire on Builders

June 09, 2025 — David McLain - Colorado Construction Litigation Blog
On May 9, 2025, Governor Jared Polis signed House Bill 25-1272, known as the “Colorado American Dream Act,” into law. The legislation, which takes effect January 1, 2026, aims to address the state’s well-documented shortage of for-sale multifamily housing, particularly condominiums and townhomes, by creating a voluntary program for developers and builders who agree to enhanced quality assurance measures and pre-litigation procedures. In exchange, participants were promised certain procedural and substantive protections in construction defect litigation. Despite its well-intentioned goals, H.B. 25-1272 falls short of delivering meaningful legal protections to builders. While touted as a reform, the Act ultimately introduces more procedural burden and disclosure obligations than it does risk reduction. The law appears to offer insulation from meritless claims, but closer inspection reveals that its protections are largely illusory and, in some cases, may increase the risk and cost of litigation for participants. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
Mr. McLain may be contacted at mclain@hhmrlaw.com

President Trump Implements Steel and Aluminum Tariffs

June 23, 2025 — Griffen Thorne - Lewis Brisbois
Los Angeles, Calif. (June 4, 2025) - On May 30, 2025, President Donald Trump announced to rallygoers in Pennsylvania that his administration would soon double the tariff on imported steel from 25 percent to 50 percent. On June 3, 2025, President Trump issued a Proclamation that formally doubles the tariffs on steel articles and derivative steel articles, as well as doubling the tariffs (to 50 percent) on aluminum articles and derivative aluminum articles. As was widely anticipated, the Proclamation was issued pursuant to section 232 of the Trade Expansion Act of 1962 (“Section 232”). A President may issue Section 232 tariffs if the Secretary of Commerce finds that there is a threat to U.S. national security, which the former Secretary of Commerce first did in President Trump’s original administration. Read the full story...
Reprinted courtesy of Griffen Thorne, Lewis Brisbois
Mr. Thorne may be contacted at Griffen.Thorne@lewisbrisbois.com

Executive Insights 2025: Leaders in Construction Law

June 09, 2025 — Construction Executive
How does incorporating dispute resolution into a contract along with procedures to encourage transparency and collaboration among parties help when an issue arises? Bryan Thomas Partner Bradley Arant Boult Cummings LLP Dispute provisions should be designed to encourage transparency and collaboration. In my 17 years advising on construction projects and litigating those that cannot be reasonably resolved, I have observed that those that reach the courtroom or an arbitration panel remain unresolved because of the dispute process, the associated costs and the related leverage provided by the contractual structure of the process. My advice on the front-end is twofold: have a useful mediation provision and develop a practical fee-shifting provision to encourage real exchanges and resolution. While early non-binding dispute procedures, like DRBs, can be helpful on the largest of projects, an early mediation requirement is more practical and helpful for most projects. The key is making sure all parties are encouraged to meaningfully participate in the mediation. Thus, linking a mediation requirement with a carefully crafted fee-shifting provision can encourage mutual engagement, drive transparency and collaboration throughout the process, and ultimately lead to resolution rather than incurring the significant costs associated with fighting in the dispute process. My recommendation is to develop a fee provision that objectively requires the parties to set their own binding bar for determining the “prevailing party.” That can be achieved through the required exchange of early written offers “X” days after (or before) mediation, trial or both. Nothing can be more sobering to all parties than considering the possibility of having to pay both parties’ legal fees. Not surprisingly, most contracts that incorporate this approach result in the transparency needed for efficient and early resolution. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

Stephen Henning Receives “Legend of an Era” Award

June 23, 2025 — Wood Smith Henning & Berman
Wood Smith Henning & Berman proudly announces that founding partner Stephen Henning was awarded the prestigious Legend of an Era Award at the West Coast Casualty Construction Defect Seminar, held May 15-16, 2025, at the Disneyland Resort in Anaheim, California. The Legend of an Era Award honors an individual who has achieved enduring, legendary status through remarkable contributions, leadership, and advocacy within the construction defect community. The award recognizes those who inspire, contribute, advocate, and influence for the betterment of the community. This latest recognition adds to an already distinguished history of awards from West Coast Casualty. Henning was previously the first defense attorney ever to receive the Jerrold S. Oliver Award, a high honor given for outstanding services and contributions to the construction community. Firmwide managing partner Stewart Reid commented, "This award is a testament to Steve's lifelong dedication to advocacy, mentorship, and leadership. He has not only exceled in the defending construction professionals throughout his career, but he has also inspired countless professionals along the way." In addition to this distinguished honor, a donation will be made in Henning's name to the seminar's designated charity, which for 2025 is the Los Angeles Firemen's Relief Association, supporting firefighters and their families. Read the full story...
Reprinted courtesy of Wood Smith Henning & Berman

CAMBRIDGE MASSACHUSETTS CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES