BALDWIN MARYLAND CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Structural Engineer Claims Reinforcement Was Never Installed on Troubled NYC Tower

September 01, 2026 — Bryan Gottlieb - Engineering News-Record
New York City has expanded its investigation into the structural failure at the former Pfizer headquarters tower in Midtown Manhattan as the Dept. of Investigation confirmed a parallel inquiry and the Dept. of Buildings directed the property owner to retain third-party engineering oversight. Read the full story...
Reprinted courtesy of Bryan Gottlieb, Engineering News-Record
Mr. Gottlieb may be contacted at gottliebb@enr.com

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Did You Get the Message? (And does it count?) The Legal Consequences of Text Messages, Group Chats, and Informal Digital Communication on Construction Projects

March 17, 2026 — Kellie Ros & Curtis Martin - ConsensusDocs
Introduction: The New Reality of Construction Communication Construction projects have always depended on a constant stream of communication. Today’s project managers, superintendents, and foremen have broadened the method of communication to include convenient forms of digital communication. Superintendents text photos of field conditions, owners send quick approvals through WhatsApp, architects clarify design intent in a Teams chat, and subcontractors coordinate sequencing through group texts. These channels are fast, convenient, and deeply embedded in modern project culture. Yet the legal framework governing construction contracts has not evolved at the same pace. Many contracts still assume – or require – that notice, directives, and approvals occur through formal written channels—letters, emails to designated recipients, or structured project‑management platforms. This disconnect creates significant legal risk, particularly for contractors who rely on informal messages as authorization for extra work or schedule changes. Courts are increasingly asked to interpret text messages, chat threads, and screenshots as evidence of notice, direction, or waiver. The outcomes vary, but the trend is unmistakable: informal digital communication is now part of the project record, and it can bind parties in ways they did not expect. Reprinted courtesy of Kellie Ros, Peckar & Abramson, P.C. and Curtis Martin, Peckar & Abramson, P.C. Ms. Ros may be contacted at kros@pecklaw.com Mr. Martin may be contacted at cmartin@pecklaw.com Read the full story...

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Prefatory Contract Language Cannot Be Used to Create an Ambiguity with Operative Provisions

May 12, 2026 — David Adelstein - Florida Construction Legal Updates
Contract drafting and interpretation matters. A case dealt with the potential conflict with prefatory language in an agreement compared with operative provisions in the agreement. The trial court held that the operative provisions control. I discussed this case here where the appellate court reversed based on the prefatory language. But, through a motion for rehearing, the appellate court reconsidered its position and affirmed the trial court based on the operative provisions, mainly that the prefatory language cannot be used to create an ambiguity with operative provisions. Consider this explanation in affirming the trial court:

Because the trial court correctly found that the initial language in the contract was prefatory and could not be used to create an ambiguity in the remainder of the contract, we affirm the final judgment.

Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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WSHB Managing Partner Chad Dunigan Named Finalist for Jerrold S. Oliver "Ollie" Award of Excellence

May 12, 2026 — Wood Smith Henning Berman
Chad Dunigan, Managing Partner of Wood Smith Henning & Berman's Orlando, Florida, office, has been selected as one of just four finalists for the prestigious Jerrold S. Oliver Award of Excellence, affectionately known in the construction defect community as the "Ollie" Award. This distinguished honor recognizes individuals who have made exceptional contributions and demonstrated unwavering dedication to advancing the field of construction defect law. Named in honor of the late Judge Jerrold S. Oliver, a revered founder of alternative dispute resolution in construction defect claims and litigation, the Ollie award symbolizes loyalty, commitment, and trust within the industry. Judge Oliver's legacy as a staunch believer in the resolution process continues to inspire professionals who strive for excellence in the construction defect community. Read the full story...
Reprinted courtesy of Wood Smith Henning Berman

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PSA: Be Sure to Document (Even When Time is Short)

April 14, 2026 — Christopher G. Hill - Construction Law Musings
Written change orders are a big deal. Almost all construction contracts (at least the well drafted ones) require written contracts. Written change orders are even important enough that Virginia law requires these provisions in residential construction contracts. Why are they so important? Because they are a “mini-contract” of sorts. They set the expectations, price, time, and work to be performed; work that was not included in the original price or scope for the project. Without this in writing, there will be no record of what the parties agreed to do. Does this sound familiar? Sound like its own contract? It should. 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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Understanding the EPA’s Latest Proposed Drinking Water Contaminant Monitoring Rule, Published in Law360

September 01, 2026 — Gordon Rees Scully Mansukhani
The U.S. Environmental Protection Agency’s (EPA) proposed Sixth Unregulated Contaminant Monitoring Rule (UCMR 6) represents another step in the federal government’s ongoing effort to identify and evaluate emerging contaminants in drinking water. The proposal would require certain public water systems to monitor and report on 30 unregulated drinking water contaminants from 2028 through 2030, while generating occurrence data that could inform future regulation and affect environmental, commercial, litigation and risk assessments. In an article published by Law360, Gordon Rees Scully Mansukhani Senior Counsel, Ayodeji Ayolola, analyzes the scope and practical implications of UCMR 6, including the contaminants selected, the proposed monitoring requirements for public water systems, and the EPA’s continued focus on PFAS and related organofluorine compounds. The article also touches upon the potential significance of publicly available monitoring data for businesses and property stakeholders. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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Powering Data Centers in a Moving Regulatory Landscape: Positioning Deals Before FERC’s Next Move

April 27, 2026 — Stephen J. Humes, Alicia M. McKnight & Andrew H. Jacobs - Gravel2Gavel Construction & Real Estate Law Blog
The explosive growth of data‑center load—driven by artificial intelligence, cloud computing and the expansion of digital infrastructure across industries—has forced U.S. energy regulators into unfamiliar territory. Nowhere is this more evident than at the Federal Energy Regulatory Commission (FERC), which is actively considering how large, concentrated loads can be powered without compromising grid reliability or shifting costs to other customers. FERC has not yet issued a standalone rulemaking on data centers. But make no mistake, the regulatory framework is quietly and deliberately being built. For developers, hyperscalers, utilities and investors, the period before FERC finalizes its next round of decisions represents the critical window to crystallize advocacy and structure transactions in ways that anticipate regulatory change. Reprinted courtesy of Stephen J. Humes, Pillsbury, Alicia M. McKnight, Pillsbury and Andrew H. Jacobs, Pillsbury Mr. Humes may be contacted at stephen.humes@pillsburylaw.com Ms. McKnight may be contacted at alicia.mcknight@pillsburylaw.com Mr. Jacobs may be contacted at andrew.jacobs@pillsburylaw.com Read the full story...

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In the Eye of the Beholder: Court of Appeal Finds Duty of Care Owed by Owner and Contractors for Death of Minors Caused by Independent Truck Driver

May 05, 2026 — Garret D. Murai - California Construction Law Blog
I was a T.A. for my high school history teacher, a really smart and nice guy, Mr. Reynolds. In the room at the back of the classroom which served as his office he had the picture above. It’s called “My Wife and My Mother-in-Law” and is taken from a German postcard from 1888. Depending on how you look it, you might see fashionable young lady, or an old lady. Cases can sometimes be like that: You see what you want to see. The next case is also like that. In Lorenzo v. Calex Engineering, Inc., 110 Cal.App.5th 49 (2025), the 2nd District Court of Ap
Primer Debuts on Life-Cycle Assessments of Embodied Carbon in Buildings

Four Steps to Effectively Manage Rising Risk of Construction Liability Claims

Nevada Supreme Court Clarifies the Litigation Waiver of the One-Action Rule

Tick Tock: Don’t Let the Statute of Repose or Limitations Time Periods Run on Your Construction Claims

Contractors Prepare for a Stro
Structuring Water Resilience for Data Center Development: Water Rights, Reuse Incentives, and Emerging Disclosure Risk

Boots on the Ground- A Great Way to Learn and Help Construction Clients

$24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed To Prove Supplier’s Negligence Or Breach Of Contract Caused A SB800 Violation

Mendocino Hospital Nearing Completion

2023 West Coast Casualty Construction Defect Seminar

McCarthy Workers Test Fall-Protection Harnesses Designed to Better Fit Women

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

New FAR Rule Mandates the Use of PLAs on Large Construction Projects

Condominium's Agent Owes No Duty to Injured Apartment Owner

Washington Trial Court Narrows Definition of First Party Claimant, Clarifies Available Causes of Action in Commercial Property Loss Context

EO or Uh-Oh: Biden’s Executive Order Requiring Project Labor Agreements on Federal Construction Projects

Ex-San Francisco DPW Director Sentenced to Seven Years in Corruption Case

Real Estate & Construction News Roundup (8/21/24) – REITs Show Their Strength, Energy Prices Increase Construction Costs and CRE Struggles to Keep Pace

Distressed Home Sales Shrinking

Appraisal May Include Cause of Loss Issues

Risk Transfer: The Souffle of Construction Litigation

Is the Sky Actually Falling (on Green Building)?

Blackstone Said in $1.7 Billion Deal to Buy Apartments

Don’t Just Document- Document Right!

Are You Overpromising on Your Construction Contracts? Here's How to Build With Transparency

Connecticut Court Clarifies a Limit on Payment Bond Claims for Public Projects

Seattle’s Audacious Aquarium Throws Builders Swerves, Curves, Twists and Turns

Traub Lieberman Partners Lenhardt and Smith Obtain Directed Verdict in Broward County Failed Repair Sinkhole Trial

The “Builder’s Remedy” Looms Over Bay Area Cities

CSLB Reminds California Public Works Contractors to Renew Their Public Works Registration

Unlicensed Contracting and Florida Statute S. 489.128

How to Properly Fill Out and Use the Conditional Waiver and Release on Progress Payment Form Used in California Construction

Regional US Airports Are Back After Years of Decay

Forensic Team Finds Fault with Concrete Slabs in Oroville Dam Failure

ASCE Statement on Congress Passage of WRDA 2024

Eighth Circuit Finds that “Ensuing Loss” Clause Does Not Restore Coverage for Faulty Subcontractor Work

Harsh New Time Limits on Construction Defect Claims

Insurer’s Attempt to Shift Cost of Defense to Another Insurer Found Void as to Public Policy

How to Protect the High-Tech Home

Another Reminder that Your Construction Contract is Only as Good as Those Signing It

First Quarter Gains in Housing Affordability

Home Sales and Stock Price Up for D. R. Horton

U.S. Housing Starts Top Forecast on Single-Family Homes

Timely and Properly Assert Affirmative Defenses and Understand Statutory Conditions Precedent

CA Senate Report States Caltrans ‘Gagged and Banished’ its Critics

Construction Defects #10 On DBJ’s Top News Stories of 2015

HHMR Recognized in 2026 Best Law Firms® Rankings for Construction Litigation and Construction Law

City of Aspen v. Burlingame Ranch II Condominium Owners Association: Clarifying the Application of the Colorado Governmental Immunity Act

COVID-19 Response: Essential Business Operations: a High-Stakes Question Under Proliferating “Stay at Home” Orders

Federal Judge Refuses to Limit Coverage and Moves Forward with Policyholder’s Claims Against Insurer and Broker

Construction Needs Collaborative Planning

Rhode Island Examines a Property Owner’s Intended Beneficiary Status and the Economic Loss Doctrine in the Context of a Construction Contract

Construction Litigation Roundup: “The New Empty Chair.”

After 15 Years, Settlement Arrested at San Francisco's Millennium Tower

Study Finds San Francisco Bay is Sinking Faster than Expected