EMBARRASS MINNESOTA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

What Is the Independent Tort Doctrine? New Case Explains…

August 24, 2026 — David Adelstein - Florida Construction Legal Updates
Florida’s Sixth District Court of Appeals in Atout v. HHM Land Trust Dated October 29, 2013, 51 Fla.L.Weekly D1569a (Fla. 6th DCA 2026) recently included an extensive discussion on Florida’s independent tort doctrine. The independent tort doctrine is an important legal doctrine, particularly when parties are in contractual privity. This doctrine stands for the proposition that tort claims must be independent of any breach of contract. See Atout, supra. The Sixth District’s extensive discussion analyzed the indicators to determine this “independence,” which may arise from the source of the duty, the asserted conduct, the damages sought, or even public policy: Unlike claims that rely on contractual relationships, an “independent” tort is often characterized by a duty imposed by law rather than by agreement. As to this consideration, United States District Court Judge Steven Merryday has explained that the independent tort doctrine honors the same divide as the economic loss rule, but rather than looking at the nature of the loss, it focuses on the source of the duty allegedly breached. “If a contract imposes a duty, and the defendant breaches that duty, the plaintiff must sue for breach of contract. If society imposes the duty, the plaintiff must sue in tort.” Following this reasoning, courts should consider whether the alleged breach of a duty in tort coincides or overlaps with a duty imposed by a contract. If the duty at issue is within the scope of a contract, and the relationship of the parties that led to the creation of that duty stems from a contract, then that duty’s source is from contract and any alleged tort claims based on a breach of those duties may not be “independent.” Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

---

Lost in Translation: AEC Tech’s Missing Role

May 12, 2026 — Aarni Heiskanen - AEC Business
I once visited a construction site where the contractor’s headquarters had commissioned a tech company to build an on-site quality-inspection application. The developer had admitted to the site engineer that they had never set foot on a construction site before. The engineer showed me what he was actually using: his own phone camera and an Excel sheet. The new app did not map to how work actually happened on site. This is not an isolated story. The vendor builds something technically coherent but operationally disconnected. The client, somewhere up the chain, had fallen in love with the idea of the solution before anyone had built an honest business case for it. The result is a tool that gets demonstrated at a board meeting but isn’t used in the field. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

---

White and Williams LLP Secures a Clean Sweep Dismissal of Architect's Professional Liability Coverage Lawsuit

August 16, 2026 — Daniel E. Bryer & Brendaliz Minaya Ruiz - White and Williams LLP
White and Williams LLP achieved a complete dismissal of professional liability coverage claims through a strategic defense led by Insurance Coverage and Bad Faith Practice Group attorneys Daniel E. Bryer, Partner and Brendaliz Minaya Ruiz, Associate. In a nuanced action styled, Vincent Cusumano Architect P.C., et al. v. Berkshire Hathaway Direct Insurance Company, et al., decided in the U.S. District Court for the District of New Jersey, plaintiffs asserted twelve pre-contractual and contractual-based causes of action against their liability insurer, Berkshire Hathaway Direct Insurance Company, and its insurance agent (collectively, “Defendants”) for denying a professional liability claim arising from plaintiffs’ prior work. Reprinted courtesy of Daniel E. Bryer, White and Williams LLP and Brendaliz Minaya Ruiz, White and Williams LLP Mr. Bryer may be contacted at bryerd@whiteandwilliams.com Ms. Ruiz may be contacted at minayaruizb@whiteandwilliams.com Read the full story...

---

IRMI Expert Commentary: NY Highest Court Confronts Downstream Risk Transfer for Subcontractor Bodily Injury Claims

March 17, 2026 — Gregory D. Podolak & Alexander G. Hopkins - Saxe Doernberger & Vita, P.C.
Originally published on IRMI.com, copyright 2026 International Risk Management Institute, Inc. Subcontractor employee bodily injury claims (so-called action over claims) are a staple of construction risk management in the Empire State—so much so that the phrase “labor law” instinctively invites a shudder among the most experienced general contractors. The savvy among them intensely monitor case law developments and the evolution of the insurance market to ensure a cutting-edge, meticulously developed downstream risk transfer plan. And when guidance arrives from an appellate-level court, it’s a moment to take note. This is one of those moments. In late 2025, New York’s highest court—the NY Court of Appeals—had the rare opportunity to examine an all-too-routine bodily injury fact pattern and took the opportunity to closely examine the scope of contractual indemnity and its interplay with additional insured coverage in Dibrino v. Rockefeller Center N., Inc., 2025 N.Y. Slip Op. 07077, 2025 WL 3670593 (Ct. App. Dec. 18, 2025). Reprinted courtesy of Gregory D. Podolak, Saxe Doernberger & Vita, P.C. and Alexander G. Hopkins, Saxe Doernberger & Vita, P.C. Mr. Podolak may be contacted at GPodolak@sdvlaw.com Mr. Hopkins may be contacted at AHopkins@sdvlaw.com Read the full story...

---

Micromobility in Smart Cities: Keeping the Wheels in Motion

May 26, 2026 — James P. Bobotek - Gravel2Gavel Construction & Real Estate Law Blog
Mobility is the lifeblood of any city. How people are able to travel in, out and within a metropolitan area is vital to its citizens, businesses, supply chains and social services. And as U.S. cities have expanded in size and population density, the strategies for addressing mobility have evolved. Many have taken different approaches to public transit, and each city boasts a dense tapestry of roadways, walking paths and various parking options. But as cities continue to reexamine infrastructure strategies through smart city technology, a new field of transportation has emerged—micromobility. Designed for short-distance travel using lightweight vehicles (bikes, e-bikes, e-scooters, etc.), the industry’s global net worth has grown exponentially in recent years to the tune of hundreds of billions, with one forecast predicting it could reach $340 billion by 2030. Micromobility also finds itself at the forefront of various smart city technological improvements. Geofencing has been implemented in U.S. cities to determine where micromobility vehicles can operate, control speed limits, and park utilizing the vehicles’ GPS location. Internet of Things (IoT) technologies (satellite-based location receivers, cloud communication, internet links, etc.) have improved vehicle lifespans by keeping track of when vehicles require service and prevent vandalism and theft. Data collected from vehicles’ location tracking is routinely used for urban planning and smart city development. Read the full story...
Reprinted courtesy of James P. Bobotek, Pillsbury
Mr. Bobotek may be contacted at james.bobotek@pillsburylaw.com

---

White and Williams LLP is Proud to Host the 20th Anniversary Virginia Barton Wallace Award and Reception

May 05, 2026 — White and Williams LLP
White and Williams LLP is proud to host the 20th Anniversary Virginia Barton Wallace (VBW) Award and Reception, which will celebrate this year’s honoree, The Rendell Center for Civics & Civic Engagement. This award was created to celebrate the remarkable career of Virginia “Ginny” Barton Wallace, the first woman to be elected to partnership not only at White and Williams but also at any law firm in Philadelphia. The VBW Award is presented to a woman or organization that embodies the same qualities that Ginny possessed: leadership, drive, exemplary work ethic, overall excellence in her field, or an ability to inspire other women to succeed. Read the full story...
Reprinted courtesy of White and Williams LLP

---

Project Labor Agreements: A New Bid Protest Forum Split

May 14, 2026 — Dirk D. Haire, David P.J. Timm and Michael J. Brewer - ConsensusDocs
Advertisements often include a disclaimer: “individual results may vary.” Similarly, lawyers are notorious for saying “it depends.” The mandatory Project Labor Agreement (“PLA”) regulations have recently placed into context this adage as it applies to federal contract bid protests, with very different results depending on which forum – the Court of Federal Claims (“COFC”) versus the Government Accountability Office (�
Changes to Pennsylvania Mechanic’s Lien Code

What You Need to Know About CARB’s In-Use Off-Road Diesel Regulations

Points on Negotiating Construction Claims

London's Walkie Talkie Tower Voted Britain's Worst New Building

Blackouts Require a New Look at Backup Power

No Collapse Coverage Where Policy's Collapse Provisions Deleted

Colorado SB 15-177 UPDATE: Senate Business, Labor, & Technology Committee Refers Construction Defect Reform Bill to Full Senate

Companies Move to Houston Area and Spur Home Building

Measure Twice, Cut (the Check) Once: Liability for Cybercrime and How to Avoid It

New York Court Narrowly Interprets “Expected or Intended Injury” Exclusion in Win for Policyholder

Congratulations to Partners Alison Hurley and Nicholas Rodriguez for Prevailing on Their Motion for Summary Judgment!

Can Your Industry Benefit From Metaverse Technology?

Veolia Agrees to $25M Settlement in Flint Water Crisis Case

Bank Window Lawsuit Settles Quietly

At Least 23 Dead as Tornadoes, Severe Storms Ravage South

Defining Construction Defects

Consequential Damages From Subcontractor's Faulty Work Constitutes "Property Damage" and An "Occurrence"

Houston’s High Housing Demand due to Employment Growth

Watchdog Opens Cartel Probe Into Eight British Homebuilders

Recent Statutory Changes Cap Retainage on Appl
EEOC Sues Schuff Steel, J.A. Croson in New Racial Harassment Cases

Buffalo, NY Stadium Work Resumes After Suspects ID'ed in $150K Graffiti Vandalism

Lending Plunges to 17-Year Low as Rates Curtail Borrowing

Housing Agency Claims It Is Not a Party in Construction Defect Case

California Case That Reads Like Russian Novel Results in Less Than Satisfying Result for Both Project Owner and Contractors

Decision from Hawaii Supreme Court Amplifies Reasoning for its Prior Order in Maui Fire Cases

Real Estate & Construction News Round-Up (03/08/23) – Updates on U.S. Mortgage Applications, the Inflation Reduction Act, and Multifamily Sector

ICYMI: Highlights From ABC Convention 2024

Ninth Circuit Finds No Coverage for Construction Defects Under California Law

The International Codes Development Process is Changing to Continue Building Code Modernization

Williams v. Athletic Field: Hugely Important Lien Case Argued Before Supreme Court

Andrew Gendron Authors D.C., Maryland Damages Compendium Articles for Defense Counsel Journal’s “Damages Compendium – East of the Mississippi”

Florida Accuses Pool Contractor of Violating Laws

South Carolina’s New Insurance Data Security Act: Pebbles Before a Landslide?

This Company Wants to Cut Emissions to Zero in the Dirty Cement Business

Foundation Differences Across the U.S.

How Berger’s Peer Review Role Figures In Potential Bridge Collapse Settlement

The Montrose Language Interpreted: How Many Policies Are Implicated By A Construction Defect That Later Causes a Flood?

You Are Not A “Liar” Simply Because You Amend Your Complaint

BHA Sponsors 28th Annual Construction Law Conference in San Antonio, TX

David M. McLain, Esq. to Speak at the 2014 CLM Claims College

Accessibility Considerations – What Your Company Should Be Aware of in 2021

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

Fast-Moving Isaias Dishes Out Disruption in the Mid-Atlantic, Northeast

Home-Building Climate Warms in U.S. as Weather Funk Lifts

Pennsylvania Considers Changes to Construction Code Review

Fed Inflation Goal Is Elusive as U.S. Rents Stabilize: Economy

2015-2016 California Labor & Employment Laws Affecting Construction Industry

Seven Coats Rose Attorneys Named to Texas Rising Stars List

You’re Only as Good as Those with Whom You Contract

Ohio “property damage” caused by an “occurrence.”

Important Insurance Alert for Out-of-State Contractors Assisting in Florida Recovery Efforts!

Five-Year Statute of Limitations on Performance-Type Surety Bonds

Montana Trial Court Holds That Youths Have Standing to Bring Constitutional Claims Against State Government For Alleged Climate Change-Related Harms

Will Future Megacities Be a Marvel or a Mess? Look at New Delhi

ACS Obtains Overwhelming Jury Trial Victory for General Contractor Client

From Waste to Wealth: Texas Supreme Court Ruling in Cactus Water Defines Produced Water Ownership, Sets Stage for Clarity on Critical Mineral Markets in Texas

What ENR.com Construction News Gained the Most Views

Suppliers of Inherently Dangerous Raw Materials Remain Excluded from the Protections of the Component Parts Doctrine

Changes and Extra Work – Is There a Limit?

Update: Supreme Court Issues Opinion in West Virginia v. EPA

Wilke Fleury Attorney Featured in 2022 Best Lawyers in America and Best Lawyers: Ones To Watch!

Lawyer Claims HOA Scam Mastermind Bribed Politicians

Harmon Towers Case to Last into 2014

Insurer Has Duty to Defend Despite Construction Defects

Replevin Actions: What You Should Know

Making the Construction Industry a Safer place for Women

Structural Defects Lead Schools to Close off Areas

Addenda to Construction Contracts Can Be an Issue

The Golden State Commits to Going Green – Why Contractors Will be in High Demand to Build the State’s Infrastructure