BROOTEN MINNESOTA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Texas Adopts New Procedural Rules for Summary Judgment Motions: What You Need To Know

July 13, 2026 — Conor G. Bateman & Marsha Cotton - Snell & Wilmer
On March 1, 2026, sweeping amendments to Texas Rule of Civil Procedure 166a took effect, fundamentally changing how Texas courts handle summary judgment motions — from filing and briefing through disposition. Whether representing a plaintiff or defendant, Texas litigants and attorneys must understand these new rules and their impact on case strategy and timelines. These procedural changes carry particular significance for construction litigants. Background: The Prior Rule Texas summary judgment practice has long diverged from the federal model. The Texas Rules of Civil Procedure recognize two types of summary judgment motions: (1) the traditional motion for summary judgment, and (2) the “no-evidence” motion for summary judgment. The no-evidence motion — unique to Texas — may be filed only after adequate time for discovery has passed. No bright-line rule governs that determination; it depends on the unique circumstances of each case. Reprinted courtesy of Conor G. Bateman, Snell & Wilmer and Marsha Cotton, Snell & Wilmer Mr. Bateman may be contacted at cbateman@swlaw.com Ms. Cotton may be contacted at mcotton@swlaw.com Read the full story...

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Miller Act Payment Bond Claim “No Nos!”

October 06, 2026 — David Adelstein - Florida Construction Legal Updates
A recent federal district court opinion, Sauer Construction, LLC v. United Structures of Georgia, LLC, 2026 WL 2522849 (M.D.Fla. 2026), addressed two worthy considerations when it comes to a Miller Act payment bond claim. And, when I am talking about considerations, I am really talking about “no-nos.” These are things you don’t do. First, don’t file an untimely Miller Act payment bond lawsuit. Make sure, as a claimant, you file that lawsuit within one year from your final furnishing. In this case, the subcontractor claimant did not and tried to argue around the statute of limitations with an equitable tolling argument, i.e., that the statute of limitations should be equitably tolled to accommodate the late filing of the lawsuit. Guess what? The subcontractor was not successful. You are fighting an uphill (losing) battle when arguing equitable tolling because “traditional equitable tolling principles require that the claimant demonstrate extraordinary circumstances, such as fraud, misinformation, or deliberate concealment.” Sauer Construction, supra. This means you need ultra-persuasive evidence to support such equitable tolling principles. Actually, having this evidence is doubtful. Thus, timely file the Miller Act payment bond lawsuit. There is no legitimate reason not to. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Court Denies Cross Summary Judgment Motions on Coverage for Odors in Newly Purchased Home

October 06, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court denied cross motions seeking to establish whether the policy covered damage due to smells in the insureds’ newly purchased home. Akina v. State Farm Fire & Cas. Ins. Co., 2026 U.S Dist. LEXIS 162817 (W. D. Wash. July 22, 2026). Plaintiffs bought a home in May 2024 but never conducted an inspection before purchasing the property. Before moving in, plaintiffs secured a homeowners’ polilcy from State Farm. After moving in, plaintiffs began noticing smells in the house and started suffering from health symptoms. Plaintiffs learned from neighbors that the prior occupants had been witnessed in “drug activity.” Plaintiffs moved out of the house and had testing done. The home tested positive for methamphetamine pollution. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Citadel’s Miami HQ Construction on Hold After Accident, Report Says

October 12, 2026 — Giulia Morpurgo – Bloomberg
Construction work on Citadel’s new headquarters in Miami has been paused following an accident on the site last week, the Wall Street Journal reported. The collapse of a rig on Monday prompted county authorities to issue a stop-work order pending an investigation, according to the newspaper, which cited a local building official. It’s unclear how long the stoppage will last or what caused the accident, the WSJ wrote on Sunday, adding that such probes can take up to six months. Read the full story...
Reprinted courtesy of Giulia Morpurgo, Bloomberg

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Achieving Sustainability Through Design Build Delivery: Part II – A Framework for Managing Sustainability Objectives on Private Commercial Construction

October 06, 2026 — Jennifer Harris, Tiffany Harrod & Joshua Pruett - ConsensusDocs
Part I of this series traced the history and development of sustainability in construction and explained why design-build (“DB”) contracting is particularly well suited to achieve sustainability objectives. But selecting DB contracting does not by itself ensure a sustainable outcome. The parties must define their sustainability objectives with precision, establish measurable performance criteria and identify who will measure compliance with the criteria, and also draft contract terms that clearly and fairly allocate the associated responsibilities and risks. Otherwise, the completed project may fall short of its sustainability objectives and expose the parties to claims, disputes, and litigation. Part II offers a non-exhaustive list of practical guidance for addressing these issues and reducing those risks. This article references the ConsensusDocs 310 Green Building Addendum, in conjunction with an agreement between the Owner and the Design-Builder (e.g., ConsensusDocs 415)[1], [2] and AIA Document E204–2017 Sustainable Projects Exhibit,[3] together with AIA A141,[4] as its contractual baseline. The five-part framework that follows is a roadmap for allocating sustainability risk between private owners and design-builders: define the requirements, identify hidden performance guarantees, map out the sustainable objective, address third-party certification risk, and track performance against agreed benchmarks. Reprinted courtesy of Jennifer Harris, Peckar & Abramson, P.C., Tiffany Harrod, Peckar & Abramson, P.C. and Joshua Pruett, Peckar & Abramson, P.C. Ms. Harris may be contacted at jharris@pecklaw.com Ms. Harrod may be contacted at tharrod@pecklaw.com Mr. Pruett may be contacted at jpruett@pecklaw.com Read the full story...

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Ahlers Cressman & Sleight leads in recognized Construction Litigation Attorneys

September 01, 2026 — Ahlers Cressman & Sleight PLLC
Ahlers Cressman & Sleight is pleased to announce its leading recognition in the 2026 Washington Super Lawyers magazine. With ten members named, ACS has more recognized Construction Litigation attorneys than any other firm on the 2026 Washington Super Lawyers list, compared to three at the next closest firm. Two ACS members were also recognized on the 2026 Washington Rising Stars list. Super Lawyers selects these recognized lawyers by using a patented multiphase selection process. First, lawyers enter the candidate pool by being nominated by their peers or by being identified by managing partner surveys, third-party feedback, or the Super Lawyersresearch team. Next, Super Lawyersconducts an independently researched evaluation using twelve indicators of professional achievement and peer recognition: verdicts/settlements, transactions, representative clients, experience, honors/awards, special licenses/certifications, position within a law firm, bar and/or professional activity, pro bono and community service, scholarly lectures/writings, education/employment background, and other outstanding achievements. Then, candidates with the highest point totals serve on a Blue Ribbon panel, evaluating other candidates within their primary practice area. Finally, only 5% of attorneys are selected for the Super Lawyers list, and 2.5% of attorneys are selected for the Rising Stars list. More information about the Super Lawyers Selection Process can be found here. Read the full story...
Reprinted courtesy of Ahlers Cressman & Sleight PLLC

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Brandy Price, Dean Pillarella Named to Lawdragon's "Next Generation" List

June 22, 2026 — Lewis Brisbois
Charlotte/North Charleston Partner Brandy G. Price and New York Partner Dean Pillarella have been selected to "The 2026 Lawdragon 500 X – The Next Generation," which recognizes emerging leaders in law. Lawdragon's annual Next Generation listing highlights up-and-coming attorneys with fewer than 15 years in practice. The legal media company selected these honorees through a combination of peer nominations, extensive journalistic research by Lawdragon editors, and independent vetting. Read the full story...
Reprinted courtesy of Lewis Brisbois

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We Won’t Permit That Excuse!

June 23, 2026 — Curt Martin & Richard Eiszner - ConsensusDocs
A Texas appellate court recently ruled that a building permit wasn’t a condition precedent for a construction project. That caught our attention. Can you build a commercial project without a permit? But as we read the case, we see the court’s reasoning. And it reminds us of an important legal principle that should inform our contract drafting and negotiation. The case was a civil suit brought by the project owner against its tenant improvement contractor for work on a medical spa. The owner claimed that the contractor didn’t perform the work properly and didn’t finish construction. The contractor argued that delays and problems were caused by the owner, alleging numerous failures, including the owner’s failure to secure a building permit. Reprinted courtesy of Curt Martin, Peckar & Abramson, P.C. and Richard Eiszner, Peckar & Abramson, P.C. Mr. Martin may be contacted at cmartin@pecklaw.com Mr. Eiszner may be contacted at reiszner@pecklaw.com Read the full story...

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