MONTGOMERY COUNTY KANSAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Integration Can Inoculate in Utah

July 20, 2026 — Mark O. Morris - Snell & Wilmer
The Utah Court of Appeals recently reaffirmed, in the construction context, Utah’s strict approach to enforcing integration clauses to preclude parol evidence and other legal theories that would vary the written terms of a contract. In Reid v. All Surface LC, 2025 UT App 134, decided last September, the court affirmed in all respects the trial court’s grant of summary judgment based on the strength of an integration clause against a homeowner who sued a contractor for breach of contract, breach of the covenant of good faith and fair dealing, fraud, negligent misrepresentation, civil conspiracy, negligence, and breach of the implied warranty of habitability. More recently, however, the same court rejected those same arguments in Tidwell v. Jensen, 2026 UT App 13 as to tort claims arising from a used car sale. The facts in Reid were sympathetic to the plaintiff. After being told she had a mold issue near a defective basement shower, the plaintiff solicited bids. A remediation contractor advised that while it could address the mold, the shower replacement should be handled by someone else. The plaintiff contacted All Surface LC, a shower replacement contractor. During an interview, the sales representative stated that All Surface could “do full mold remediation, tear everything out, and reframe the shower.” The plaintiff ultimately retained All Surface, expecting it would both resolve the mold issues and replace the shower. Read the full story...
Reprinted courtesy of Mark O. Morris, Snell & Wilmer
Mr. Morris may be contacted at mmorris@swlaw.com

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When Rule 702 Motions Fail: A Close Look at AECOM v. Flatiron

February 02, 2026 — Olivia Barden - Colorado Construction Litigation Blog
In AECOM Tech. Servs., Inc. v. Flatiron | AECOM, LLC, 2024 WL 22640 (D. Colo. 2024), the United States District Court for the District of Colorado addressed when expert testimony is not subject to be limited or excluded pursuant to Federal Rule of Evidence 702. Background In 2015, AECOM Technical Services, Inc. (“AECOM”) and Flatiron | AECOM, LLC (“Flatiron”) entered into an agreement, in which they agreed to work together to assemble a design/build team for the purposes of submitting a proposal to the Colorado Department of Transportation’s (“CDOT”) construction project known as C-470 Tolled Express Lanes Segment 1 Design-Build Project (the “Project”). AECOM provided the design and engineering services, and Flatiron submitted the proposal to CDOT. On or about June 16, 2016, CDOT awarded Flatiron the Project. Flatiron later claimed that AECOM’s design failed to follow basic engineering and project requirements. Read the full story...
Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC

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Chambers USA Recognizes GRSM as 2026 Industry Leader

June 29, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani has once again been recognized by Chambers USA, a prestigious directory of the country’s top law firms. In addition to the firm’s practice recognitions, eight partners, David Capell, Nancy Erfle, Matthew Foy, Ashlee Grant, Craig Heryford, Andrew Port, Todd Regan, and Angela Richie, were recognized among the nation’s top lawyers in their respective fields. Chambers USA recognized the firm in the following eight categories: USA – Nationwide – Insurance: Dispute Resolution: Insurer, Band 4 The firm is widely sought after by national insurance sector clients facing a wide array of coverage disputes as well as bad faith claims. The firm has additional capabilities in class actions and appellate litigation. Its broad base of experience includes professional liability, construction, and bankruptcy-related issues. This is the third year the firm has received this recognition. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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That’s a Wrap! Pennsylvania Court Holds Arbitration Clause in Online Agreement Unenforceable

May 14, 2026 — Gus Sara - The Subrogation Strategist
In Duffy v. Tatum, 2026 Pa. Super. LEXIS 112, 2026 PA Super 41, the Superior Court of Pennsylvania (Superior Court) considered whether an arbitration provision contained in the online Terms of Service on the defendant’s website were enforceable. The plaintiff, Daniel Duffy (Duffy), visited the website of defendant, Dolly, Inc. (Dolly), to purchase moving services. Duffy selected the number of movers, items to be moved and the type of vehicle needed. To complete the booking, the website required Duffy to checkmark a box labeled “By checking this box I accept the Dolly Terms of Service.” Duffy did not have to open the link or scroll to the bottom of the agreement before being able to click on the checkmark box. The Terms of Service included an arbitration provision requiring that any dispute related to the moving services to be resolved by arbitration in accordance with the American Arbitration Association. The Terms of Service did not include any statement that the user was waiving the right to a jury trial. The Superior Court found the internet Terms of Service unenforceable. During the moving process, an accident occurred and injured Duffy. In May 2024, Duffy and his wife sued Dolly and other related entities alleging negligence and loss of consortium. Dolly filed preliminary objections alleging that the parties agreed to alternative dispute resolution. The lower court overruled the preliminary objections, finding that Dolly’s website did not provide reasonably obvious notice of its Terms of Service to Duffy and, as such, Duffy never agreed to waive his constructional right to a jury trial. Dolly filed an appeal to the Superior Court. Read the full story...
Reprinted courtesy of Gus Sara, White and Williams LLP
Mr. Sara may be contacted at sarag@whiteandwilliams.com

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Contract Interpretation – Determining What the Contract Requires

March 24, 2026 — David Adelstein - Florida Construction Legal Updates
A good ole dispute on contract interpretation in government contracting. Contract interpretation disputes happen all the time in every jurisdiction under the sun. Think about that. Now, what’s the best way to avoid a contract interpretation dispute? Naturally, invest in the contract language and fully understand the scope of work. Make all of this clear. But, of course, this isn’t foolproof meaning you could still be doing this and you could still find yourself in a contract interpretation dispute. Although, if you are doing this, and being proactive, the contract interpretation disputes should be minimal and more streamlined. In Liberty Technical Services, LLC v. Department of Veterans Affairs, CBCA 8385, 2026 WL 407656 (CBCA 2026), the dispute centered on whether the government owed the contractor for certain, necessary equipment (largely controllers, but also tanks and pumps) not specified in the contract. The government countered that this should be a non-issue because the contractor always acknowledged it was responsible for furnishing the unspecified, necessary equipment, and the contractor did actually provide the equipment without direction from the government. Each party claimed the contract was unambiguous when construed in context. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Moving in Before Substantial Completion? The Risks of Early Owner Occupancy

March 24, 2026 — Sydney Koby - ConsensusDocs
Introduction On many construction projects, particularly large projects facing schedule pressure, owners may begin occupying or using portions of the project before the work reaches substantial completion. This is often due to operational needs, phased turnover, or market demands that drive owners to take possession of all or part of a project while construction activities are ongoing. While early occupancy may seem practical, it can blur the lines of responsibility between owner and contractor and can create significant legal and practical complications. These disputes are especially common on large, complex projects where punch list work, system commissioning, and closeout activities overlap with owner use. Without clear documentation and carefully drafted contract provisions, early occupancy can undermine an owner’s ability to enforce completion requirements while simultaneously exposing the contractor to claims of delay, inefficiency, or interference. Read the full story...
Reprinted courtesy of Sydney Koby, Jones Walker
Ms. Koby may be contacted at skoby@joneswalker.com

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Traub Lieberman Attorneys Recognized in Hudson Valley Magazine’s 2026 Top Lawyers List

March 24, 2026 — Copernicus T. Gaza, Jonathan R. Harwood, Lisa M. Rolle, Lisa L. Shrewsberry, Christopher Russo & Hillary J. Raimondi - Traub Lieberman
Traub Lieberman is pleased to announce that six Partners from the White Plains, NY office have been included in the 2026 edition of the Hudson Valley Magazine’s Top Lawyers in the Hudson Valley list. This annual guide recognizes more than 270 of the region's leading attorneys. Insurance:

• Copernicus Gaza
• Jonathan Harwood
• Lisa Rolle
• Lisa Shrewsberry

Reprinted courtesy of Copernicus T. Gaza, Traub Lieberman, Jonathan R. Harwood, Traub Lieberman, Lisa M. Rolle, Traub Lieberman, Lisa L. Shrewsberry, Traub Lieberman, Christopher Russo, Traub Lieberman and Hillary J. Raimondi, Traub Lieberman Mr. Gaza may be contacted at cgaza@tlsslaw.com Mr. Harwood may be contacted at jharwood@tlsslaw.com Ms. Rolle may be contacted at lrolle@tlsslaw.com Ms. Shrewsberry may be contacted at lshrewsberry@tlsslaw.com Mr. Russo may be contacted at crusso@tlsslaw.com Ms. Raimondi may be contacted at hraimondi@tlsslaw.com Read the full story...

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2026 Construction Outlook: Dampening Outlook With Some Potential Bright Spots

February 17, 2026 — Garret Murai - California Construction Law Blog
According to Dodge Construction Network’s Outlook 2026 Ebook, “the construction industry came roaring into 2025” – with large government investments through the Infrastructure Bill and the CHIPS Act (promoting investment in the domestic semiconductor industry), as well as outsized spending on data centers to support cloud and AI technology – but “throttled back significantly” due to “rapid changes to economic and fiscal policies.” These changes include short-term cost impacts due to tariffs and labor impacts due to the federal government’s immigration crackdown and long-term concerns following enactment of the One Big Beautiful Bill (OBBBA) which is anticipated to add $3.4 trillion to the federal deficit over ten years. Read the full story...
Reprinted courtesy of Garret Murai, Nomos
Mr. Murai may be contacted at gmurai@nomosllp.com

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