Anaheim California Expert Witness Engineer Directory

Contract Disputes Act and Jurisdictional Requirements

March 17, 2026 — David Adelstein - Florida Construction Legal Updates
When dealing with a claim on a federal construction project, there are a couple of key background jurisdictional points. These points were briefly highlighted in the recent appeal, Mega Star Logistics Service Co. v. Department of State, CBCA 8232, 2026 WL 253738 (CBCA 2026). Here are the two points. FIRST, when it comes to jurisdiction, for a board of contract appeals “to exercise jurisdiction over a claim, the CDA [Contract Disputes Act] requires the contractor to submit a written claim to the contracting officer for a COFD [contracting officer final decision], with a subsequent appeal of the COFD or deemed denial if the CO [contracting officer] does not issue a COFD.” Thus, you need to submit a formal claim under the Contract Disputes Act to the contracting officer to get a final decision from the contracting officer (or the contracting officer waiving the final decision by not timely furnishing one). Mega Star Logistics, supra. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Ball Janik LLP Elevates Construction Litigation Attorneys Keegan A. Berry and Nicholas B. Vargo to Partner

February 02, 2026 — Ball Janik LLP
Orlando, FL – January 28, 2026 – Ball Janik LLP is pleased to announce the elevation of Keegan A. Berry and Nicholas B. Vargo to Partner, effective 2026. Both attorneys are dedicated to their clients and have provided significant contributions to the firm's Construction Defect and Litigation practice. "Keegan and Nicholas exemplify the excellence and client-focused approach that define Ball Janik LLP," said James C. Prichard, Managing Partner of Ball Janik LLP. "Their elevation to Partner reflects not only their exceptional legal skills and dedication to our clients but also their commitment to advancing the firm's mission. We are proud to recognize their achievements and look forward to their continued leadership." Berry is based in Ball Janik LLP's Orlando office and is a Florida Bar Board Certified Specialist in Construction Law. Throughout his career, Berry has focused on complex litigation and resolving matters through arbitration, alternative dispute resolution, and trial, with extensive experience both prosecuting and defending construction claims on behalf of owners, contractors, and manufacturers. His practice also encompasses complex commercial and general litigation, including business torts, professional liability, products liability, and general liability. "I'm honored to continue serving Florida's business and property owner communities as a partner at Ball Janik, leveraging my experience to deliver efficient, results-driven solutions in even the most complex construction disputes," said Berry. Vargo is based in Ball Janik LLP's Tampa office and is a Florida Bar Board Certified Specialist in Construction Law. He focuses on Construction Litigation, representing residential and commercial property owners in construction defect litigation. Vargo has spent most of his career in construction defect law with Ball Janik and has been instrumental in growing Ball Janik's presence in Florida's west coast. "Becoming a partner at Ball Janik is both a privilege and a responsibility, and I look forward to continuing to advocate fiercely for our clients while holding accountable those who attempt to evade their obligations," said Vargo. About Ball Janik LLP Ball Janik LLP is a Florida-based law firm offering construction defect, construction law, insurance recovery, and commercial litigation counsel, to its local and national clients. The firm was founded in 1982 and has expanded its capabilities, professionals, and geographic footprint. What started as a small firm focused on real property, land use, and litigation (known then as Ball Janik & Novack) has grown to a team of 50-plus attorneys and paralegals in 5 offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, and Corporate International. Read more here: https://www.balljanik.com/.

Can Anyone Save Gary, Indiana?

November 18, 2025 — Zach Mortice - Bloomberg
On either side of the impeccably refined and classically domed City Hall and courthouse buildings that make up the largely vacant civic core of Gary, Indiana, are two stark white modernist buildings. Both were designed by Black architect Wendell Campbell, a founder of the National Organization of Minority Architects, and built in the 1980s, a time when the industrial city was reeling from job and population losses and desperate to rescue a downtown in full collapse. One of them is a sports and fitness center that’s still in use, but the 83,000-square-foot Genesis Convention Center, built in 1981, has been empty since 2020. The city is currently weighing redevelopment or demolition; one idea has been to use the building’s blank white facade as a canvas for murals and public art. But in a city with at least 7,000 abandoned buildings, there’s no lack of alternative wall spaces. Read the full story...
Reprinted courtesy of Zach Mortice, Bloomberg

Contractor Turns Former Sears Into Interim High School Following Palisades Wildfires

December 15, 2025 — Jamie Macartney - Construction Executive
On January 7, 2025, the unthinkable happened. Massive wildfires tore through areas of Los Angeles County, burning over 57 acres, leaving lives in shambles as beloved homes and businesses were gone instantly. An evident strain was the destruction the fires set on Palisades Charter High School—colloquially known as Pali High—which left approximately 2,500 students without a campus to go to. This resulted in a return to online learning, a setting too familiar as five years earlier, these students were ripped from their educational experience because of the COVID-19 pandemic. Building schools is in the DNA of C.W. Driver, so when the firm saw the damage to Pali High, the team rushed to create a temporary campus—Pali High South. Through a partnership with design firm Gensler, the former Sears retail building—a Santa Monica landmark—was transformed into a safe, fully equipped learning environment for 2,500 Pali High students just three months after the fires took place. Reprinted courtesy of Jamie Macartney, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

Battle Looms as Feds Order Washington State Coal Plant to Stay Open

January 21, 2026 — Tim Newcomb - Engineering News-Record
Just days away from closure and a $600-million remake as a gas-powered facility, an independent power producer-owned coal-fired power plant in Washington state is ordered by the Trump administration to remain open through mid-March 2026—and likely longer—setting up a battle with state and company officials. Shutdown of the 730-MW plant, operating since 1972, was timed to comply with a state law banning coal power generation in 2026 and beyond. Read the full story...
Reprinted courtesy of Tim Newcomb, Engineering News-Record
ENR may be contacted at enr@enr.com

New York Moves to Tighten Third-Party Practice: Key Changes to CPLR 1007

March 31, 2026 — Sophia L. Cahill - Sheppard
Effective April 18, 2026, the New York Legislature enacted the Avoiding Vexatious Overuse of Impleading to Delay (“AVOID”) Act, amending CPLR 1007—the statute that governs third-party practice. The amendment sharply limits when and how defendants can commence third-party actions, curbing the expansive discretion they previously enjoyed and targeting the late-stage impleaders that often upend case schedules. What Changes Before the AVOID Act was signed into law on December 19, 2025 (and subsequently modified by Chapter Amendments A9502 and S8809, signed by Governor Hochul on February 13, 2026[1]), CPLR 1007 gave defendants broad latitude to implead “any person who is or may be liable” for all or part of the plaintiff’s claim. CPLR 1007 specified no outside time limit for the initiation of a third-party claim; courts assessed only whether a defendant’s delay was undue—such as impleading months after the note of issue—and whether the plaintiff would suffer prejudice if the third-party action were not severed. Read the full story...
Reprinted courtesy of Sophia L. Cahill, Sheppard
Ms. Cahill may be contacted at scahill@sheppard.com

Super Lawyers Names Five White and Williams LLP Attorneys to its Metro New York Lists

December 02, 2025 — White and Williams LLP
White and Williams LLP is proud to announce that five attorneys in the firm’s New York City office have been recognized on the 2025 Metro New York Super Lawyers and Rising Star lists. This recognition highlights our attorney's exceptional legal acumen, and their commitment to client service excellence. Lawyers are selected for inclusion in Metro New York Area Super Lawyers and Rising Stars through a process that considers independent research, peer recognition and the professional achievements of attorneys from more than 70 practice areas. No more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Read the full story...
Reprinted courtesy of White and Williams LLP

A Couple of Mechanic’s Lien Bills in VA [UPDATED]

February 23, 2026 — Christopher G. Hill - Construction Law Musings
Well, its that time of year again, the Virginia General Assembly is in session and looking to make changes to all kinds of things here in the Commonwealth. While most of those changes are well outside of the subject of Construction Law Musings, changes to the mechanic’s lien statutes certainly are not. This year, the Virginia General Assembly is poised to make some big changes if certain legislation gets out of committee and passes the legislature, a description and some comments on these follow: HB752 – Mechanics’ liens; liens attaching to property; memorandum of lien. [Original Description] Removes the exclusion of the attachment of a mechanic’s lien to property improved or repaired when the lien is based on a claim for repairs or existing structures. The bill further removes (i) the ability of a lien claimant to file any number of memoranda of lien including the details relating to the lien and (ii) the provisions of the Code specifying that no memorandum filed shall include sums due for (a) labor or materials furnished more than 150 days prior to the last day labor was performed or (b) material furnished to the job preceding the filing of such memorandum. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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