Category: Construction Expert Witness
-
Construction Expert Allowed to Opine on Causes of Project Delay
P&E is a Kansas-based contractor who entered into a design-build contract with WI RNG Hub North, LLC, for a renewable natural gas production facility in Gillet, Wisconsin (the “Project”) to be completed by February 27, 2023. The Project included construction of two buildings to house process equipment for producing renewable natural gas from dairy cow…
-
Construction Expert’s Building Budget Report Excluded
Plaintiffs’ home was damaged by a fire on June 21, 2021. At the time of the fire, Plaintiffs had an insurance policy with State Farm. Plaintiffs alleged that Defendant State Farm failed to abide by the policy which allowed, at the insureds’ option, to either have the damage repaired or pay for the damage. Plaintiffs…
-
Construction Expert’s Testimony on Financial Ability Excluded
This case arises out of the Parties’ failed construction contract. Plaintiff Fifth Side Lodging, LLC is an entity formed for the sole purpose of developing a Fairfield Inn and Townplace Suites hotel in Edina, Minnesota. Rise is a commercial contractor specializing in “multifamily and hospitality modular construction projects.” In May 2019, Fifth Side and Rise began negotiating…
-
Construction Expert Was Not Allowed to Opine on Repair Costs
On August 27, 2020, Hurricane Laura made landfall in Southwest Louisiana. In the original complaint, The Pentecostal Church of DeQuincy (“TPCD”) alleged that it sustained damage from the Hurricane, and that Church Mutual has underestimated the cost of repairs. The five (5) buildings considered as “Covered Property” at issue in this litigation are identified as…
-
Construction Expert Allowed to Opine on Repair Estimates
This matter involves an insurance claim for damages associated with hurricane Laura. On or about September 16, 2020, Plaintiff, The Pentecostal Church Of Dequincy (“TPCD”) retained a public adjuster, Chris Tremaine. Tremaine worked with Church Mutual’s field adjuster, Trey Johnson, to schedule a joint inspection of TPCD’s campus on September 30 and October 1, 2020.…
-
Construction Expert’s Testimony on Insurance Policy Application Excluded
This case arises from an insurance coverage dispute regarding damage to Plaintiff O’Reilly Hotel Partners–Champions Circle, LLC’s (“Plaintiff”) hotel complex in Fort Worth, Texas (the “Property”). The Property consists of various buildings, including a hotel tower, a conference center, and a golf clubhouse. The case involves multiple insurance policies and multiple insurance claims stemming from…
-
Expert Testimony on Inadequate Construction Techniques Excluded
This action concerns whether the construction of a condominium building damaged the townhouses on an adjacent property owned by the Plaintiff, Charles Matiella. Plaintiff alleged causes of action for negligence and trespass against the owner of the adjacent property, Murdock Street, LLC; the two companies who operated as the general contractor and developer for the…
-
Construction Expert’s Testimony on Defective Flooring Excluded
This dispute arises out of an interior design contract between Plaintiff Michael Lukacs and Purvi Padia Design LLC to provide interior design services for his 25,000 square foot home in New Jersey. Lukacs alleged that PPD was contractually responsible to oversee his home renovation project. He further alleged that the installed work is subpar and…
-
Construction Expert’s Testimony on Project Delays Admitted
Plaintiff ZP No. 332, LLC hired Defendant Huffman Contractors, Inc. as the general contractor on a real estate development project. Huffman allegedly failed to complete the work adequately, and ZP eventually declared a default on the construction contract. That gave the parties’ surety, Travelers Casualty and Surety Company of America, several options under a performance…
-
Construction Expert’s Opinion Regarding the Siding Replacement Excluded
Tim Waldorf sued State Farm Fire and Casualty Company for breach of contract and bad faith stemming from State Farm’s denial of insurance coverage for damages allegedly caused to Waldorf’s residence following a hailstorm. State Farm filed a motion to strike the testimony of Aaron Brookens, one of Waldorf’s expert witnesses. Construction Expert Witness Aaron…
