FOSTORIA MICHIGAN CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Dispute Erupts Into Public Over Castro Theater Rehab Project Costs

September 08, 2026 — Richard Korman - Engineering News-Record
As it was about to start an arbitration of final payments on a complex theater renovation, the entertainment company that leases San Francisco's landmark Castro Theatre has filed a state court trademark violation lawsuit seeking to bar the contractor from publicizing as a success its work for the owner on that and other projects. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

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The Most Expensive Signature to Not Get: Why Change Orders Matter

August 16, 2026 — Kathryne E. Baldwin - Wilke Fleury
George Bernard Shaw has a quote we use a lot in my family: “The single biggest problem in communication is the illusion that it has taken place.” This is pertinent to contractors and homeowners alike because the cost of failing to get proper signatures on documents like construction contracts, and particularly, change orders, is heavy. Both contractors and homeowners are in the same boat as far as wanting to complete a job as swiftly as possible: contractors go on to their next job and homeowners can return to peace in their home. This is prime territory for either party to suggest the work be completed today and the contract or change order executed tomorrow, or even later. However, without a contract, there is no memorialization of the communication between the parties, which can lead to confusion and missed expectations on both sides. Construction plans are rarely as neat and tidy as they originally seem to be. A contractor may uncover unforeseen conditions, an owner may request additional work or changes that require additional work, or weather interferes with project schedules or the work itself. Unfortunately, the signature that never gets collected can become one of the most expensive omissions on a project – for both sides. Read the full story...
Reprinted courtesy of Kathryne E. Baldwin, Wilke Fleury
Ms. Baldwin may be contacted at kbaldwin@wilkefleury.com

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GRSM Partner Debra Ellwood Meppen Recognized as 2026 Legal Visionary by Los Angeles Times

June 02, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani proudly congratulates Partner Debra Ellwood Meppen on being named a 2026 Legal Visionary by the Los Angeles Times. The LA Times Studios 2026 Legal Visionaries List recognizes lawyers in Southern California who “exemplify a forward-thinking approach to the law, elevating both their profession and the people who depend on it.” Meppen is recognized for helping shape the future of the legal profession through her leadership, professionalism, and integrity. Published as part of the May 2026 issue highlighting Southern California’s leading law firms and attorneys, the Legal Visionaries section honors attorneys making a significant impact on the legal industry and the broader business community. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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Four HHMR Attorneys Recognized in the 2027 Editions of Best Lawyers®

September 21, 2026 — Higgins, Hopkins, McLain & Roswell, LLC - Colorado Construction Litigation Blog
Higgins, Hopkins, McLain & Roswell, LLC is proud to announce that Best Lawyers® has recognized four HHMR attorneys in the 2027 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America for their work in construction law and construction litigation. David M. McLain, Lisa Bondy Dunn, and Steven L. Heisdorffer earned recognition in the 2027 edition of The Best Lawyers in America®. Ricky L. Nolen, Jr. earned recognition in the 2027 edition of Best Lawyers: Ones to Watch® in America. For a firm that has deliberately focused its practice on construction law and construction litigation for nearly 25 years, we take particular pride in seeing that focus reflected in the recognition of lawyers across different generations of HHMR. Read the full story...
Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC

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2026 Colorado Super Lawyers Recognizes 11 Snell & Wilmer Attorneys

May 05, 2026 — Snell & Wilmer
DENVER – Snell & Wilmer is pleased to announce that eleven attorneys in its Denver office have been selected for inclusion in the 2026 Colorado Super Lawyers publication. Of those eleven, four were recognized as Rising Stars. Super Lawyers is a listing of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations, and peer evaluations. The final published list represents no more than 5 percent of the lawyers in the state. Read the full story...
Reprinted courtesy of Snell & Wilmer

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AI Data Centers Become City-Scale Infrastructure, Prompting New Industry Playbook

August 11, 2026 — Bryan Gottlieb - Engineering News-Record
AI data centers are no longer just buildings. They are increasingly reaching power-demand levels more commonly associated with municipalities, prompting industry groups to launch a new framework they say is needed to keep pace with rapidly changing power, cooling and reliability requirements. 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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Inaccurate Representations Can Lead to Differing Site Conditions Claim

May 26, 2026 — David Adelstein - Florida Construction Legal Updates
In the prior posting, I discussed a case dealing with a differing site condition. In that case, the owner did not have an affirmative duty to make a representation and there was no inaccurate representation made by the owner that misled the contractor. Well, what about when there is an inaccurate misrepresentation regarding the site? This was the circumstance in an older Florida case where a dredging contractor had a successful differing site conditions claim. See Jacksonville Port Authority v. Parkhill-Goodloe, Co., Inc., 362 So.2d 1009 (Fla. 1st DCA 1978). The government provided inaccurate information as to the lack of rock that would be encountered during the dredging that was relied on by the dredging contractor. But the government had “superior knowledge” that there was rock in an adjacent location based on a prior claim from a contractor, yet the government did not disclose the possibility that rock could be encountered. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Managing Rising Costs and Shifting Legal Risk for Florida High-Rise and Condominium Projects

May 05, 2026 — Stephen Hauptman - Ball Janik LLP
Florida's construction defect landscape is experiencing a major shift. The convergence of material and labor cost volatility, regulatory tightening, and increasingly complex litigation strategies is forcing associations, developers, and their counsel to rethink how they approach risk management and dispute resolution. For those managing large-scale condo and high-rise projects, the stakes have never been higher. The Cost Volatility Trap Construction material prices rose at a "staggering" 12.6% annualized rate during the first two months of 2026, according to recent industry analysis. Tariff impacts are projected to lead to more increases of 5.4% to 6.8%, depending on property type. For associations facing construction defect claims, this volatility creates a cascading problem: repair scopes defined two years ago are now dramatically underpriced, and damage calculations that appeared reasonable at discovery are obsolete by the time of settlement. Courts and mediators are increasingly scrutinizing how cost estimates were developed and whether they account for existing market circumstances. Associations must now commission updated repair assessments more frequently, a practice that increases investigation costs but strengthens the credibility of damage claims. Conversely, defendants are weaponizing cost inflation as a defense, arguing that claimed damages are speculative or inflated. The practical result: repair sequencing and phasing strategies have become critical litigation tools. Associations that can demonstrate a rational, cost-effective repair plan tied to current market data are more favorably placed in settlement negotiations. Regulatory Pressure and Deliberate Timing Florida's 2026 condo compliance regime has significantly changed the defect claims landscape. Elevated transparency requirements, stricter reserve funding mandates, and tightened building safety inspection protocols mean that associations now face dual pressures: Comply with new regulations while simultaneously handling construction defect exposure. This regulatory environment is changing investigation and documentation strategy. Associations that delay defect investigation to avoid triggering reserve funding obligations or disclosure requirements are taking on considerable legal risk. Recent case law such as the Third District Court of Appeal's reaffirmation of Chapter 558's pre-suit mediation requirements, underscores Florida's intent to resolve disputes early. Associations that move deliberately and record carefully during the pre-suit phase gain leverage in mediation and reduce the risk of expensive litigation. Timing also intersects with repair sequencing. Associations must now balance the urgency of compliance inspections against the strategic advantage of phased repairs. Some associations are using compliance deadlines as a forcing mechanism to accelerate settlement discussions, while others are sequencing repairs to demonstrate good-faith remediation efforts before litigation commences. The Emerging Risk Transfer Challenge As construction defect claims grow more complex and costly, the traditional risk transfer systems, such as design-build warranties, contractor bonds, and insurance, are proving inadequate. Developers and general contractors are increasingly shifting risk to subcontractors and material suppliers, fragmenting liability and complicating recovery efforts for associations. Permitting and approval friction is also creating new litigation pressure points. Delays in municipal approvals, changes to building code interpretations, and disputes over remedial work compliance continue to spawn collateral claims that go beyond the original defect. Associations must now anticipate not only defect liability but also regulatory compliance disputes with municipalities, creating a dual-front legal challenge. For large communities, this means reconsidering the entire risk architecture. Insurance carriers are tightening coverage, and traditional indemnification chains are breaking down. Forward-thinking associations are engaging counsel earlier in the development process to negotiate clearer risk allocation provisions and more robust insurance requirements. Taking a Data-Driven Approach Managing rising costs and shifting legal risk in Florida's high-rise and condo market requires a more sophisticated, data-driven approach. Associations must commission frequent cost updates, move deliberately through pre-suit investigation and mediation, and challenge traditional assumptions about risk transfer. Developers and their counsel should view regulatory compliance not as a burden but as an opportunity to demonstrate good-faith risk management and strengthen settlement positioning. The firms and associations that succeed in 2026 will be those that treat cost volatility, regulatory change, and litigation strategy not as separate challenges but as linked elements of a coherent risk management framework. Stephen Hauptman is special counsel in Ball Janik LLP’s Fort Lauderdale office. He may be reached at shauptman@balljanik.com.

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