Photo of Todd Heffner

Todd’s practice covers all aspects of construction law — representing owners, construction managers, contractors, subcontractors, and designers. While he focuses on litigation and arbitration of high-stakes claims, he also spends time reviewing contracts, advising clients during the course of a project, and helping clients with all areas of their businesses.

Reposted from The Dispute Resolver with permission.

You are conducting the final hearing of a high-dollar construction arbitration. Opposing counsel hands you the next document that counsel plans to use in questioning the witness on the stand. You notice that the document is bates stamped but has no exhibit number. So, you quickly consult opposing counsel’s exhibit list and – gasp – you find that the document is not on the list. What do you do? Do you object?

Continue Reading Opinion: Stop Requiring Exhibit Lists!

New York State Thruway Auth. v. CHA Consulting, Inc., 165 N.Y.S.3d 832 (Albany Co., Sup. Ct. 2022).

This case involved a dispute over a wind turbine project. The root cause of the dispute was a bust between the “wind turbulence” at the site, and the wind turbulence that the turbines installed could withstand. Once the project was completed and commissioned, the overworked turbines prematurely failed.

Continue Reading Twists and Turbines — A New York Case Highlights an Owner’s Risk When Not Using Full-Wrap EPC Delivery