KIMBALL MINNESOTA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Court Rules Cook County Misspent $243M in Transportation Funds

March 10, 2026 — Annemarie Mannion - Engineering News-Record
A Cook County Illinois Circuit Court judge has ruled that the county violated the state constitution by using $243 million in transportation tax revenue during fiscal 2023 for non-transportation purposes, handing a legal win to a statewide coalition of construction trade groups. Read the full story...
Reprinted courtesy of Annemarie Mannion, Engineering News-Record
Ms. Mannion may be contacted at manniona@enr.com

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An “Agreement to Agree” Is Not a Binding Contract

January 13, 2026 — David Adelstein - Florida Construction Legal Updates
A driving issue in a recent dispute was whether a binding contract existed simply through the selection of a proposal in response to a solicitation. Or, was there nothing more than an “agreement to agree,” which does not create a binding contract. There is an important distinction between a binding contract an an “agreement to agree.” A Community Redevelopment Agency (CRA) issued a Request for Proposals otherwise referred to as an RFP. The RFP specifically stated that the CRA and proposer will be contractually bound only if and when a written contract is executed between the parties. A proposer was notified that it was selected as the winning proposer however a written contract was never executed because the proposer was subsequently disqualified. The proposer filed a lawsuit claiming it was wrongfully disqualified and prevailed. The trial court found it was entitled to attorney’s fees pursuant to a contract that had been formed when the proposer’s proposal was originally accepted. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Texas Court Revives Construction Defect Claims: Key Lessons for Managing Latent Defect Risk

January 21, 2026 — Spencer E. Dunn & Melissa Osio Martinez - Wood Smith Henning Berman
Construction projects often involve intricate designs, multiple stakeholders, and complex performance obligations. When problems surface years after completion, parties must navigate a difficult landscape that blends contract law, tort doctrines, and statutory deadlines. A recent decision from the Fourth Court of Appeals of Texas provides meaningful guidance on how courts will evaluate latent construction defect claims, the applicability of the discovery rule, and the limits of the economic loss doctrine. In Morningside Ministries v. Koontz McCombs Construction, Ltd., the court reversed summary judgment entered in favor of the general contractor and project manager, reviving the owner's claims and offering important lessons for owners, contractors, and insurers facing construction defect disputes. Background of the Dispute Morningside Ministries operates senior living communities across Texas. In 2012, It contracted with Koontz McCombs Construction, Ltd. (Koontz) to construct The Overlook, a significant expansion of Morningside's Menger Springs campus in Boerne. The contract required Koontz to build 100 new senior living units along with common areas and site improvements, and placed responsibility for construction quality, including the work of subcontractors, on Koontz. Reprinted courtesy of Spencer E. Dunn, Wood Smith Henning Berman and Melissa Osio Martinez, Wood Smith Henning Berman Mr. Dunn may be contacted at sdunn@wshblaw.com Ms. Martinez may be contacted at mosiomartinez@wshblaw.com Read the full story...

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Fort Lauderdale Associate Secures Summary Judgment in Rare Premises Liability Win

February 23, 2026 — Lewis Brisbois Newsroom
Fort Lauderdale associate Kyle Hollander recently secured a summary judgment victory for his client, Winn-Dixie, in a contested premises liability case. This was a hotly disputed liability case of water on the floor near an ice cooler with surveillance footage of a customer constantly bringing bags of ice to and from the cooler to the register. The plaintiff unknowingly stepped into the area of dripped melted ice and fell. Kyle successfully argued based on the plaintiff’s own deposition testimony and the surveillance footage that Winn-Dixie didn’t have the requisite actual notice. Additionally, Kyle argued that the brief duration the condition remained on the floor was legally insufficient to establish constructive notice under Florida law. The Court agreed, finding that the evidence would not survive a directed verdict and granting summary judgment in favor of the defense. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Under Construction – November 2025

January 06, 2026 — Snell & Wilmer
Letter From the Editor Welcome to the fall edition of Snell & Wilmer’s Under Construction Newsletter. As brisk autumn air sets in, it’s an ideal moment to shore up the basics — both in your projects and in your grasp of the continually shifting field of construction law. In this newsletter, we explore a variety of topics related to current construction trends and legal news that may be relevant and helpful to you and your business. We have assembled a selection of articles that include discussions of state-specific issues including how Idaho’s Contractor Registration Act bars unregistering contractors from enforcing contracts or filing liens, though the state Supreme Court allows remedies for post-registration work if severable. This edition discusses how contractors can maximize cash flow and profits by substituting security for retainage on public projects. We also highlight the California Court of Appeals discussion and latest decision relating to subcontractor substitution protections under Public Contract Code §4107. We round out our newsletter summarizing how the Colorado Supreme Court clarified that the economic loss rule bars tort claims for purely economic harm arising from contracts — even when alleging willful and wanton misconduct. Read the full story...
Reprinted courtesy of Snell & Wilmer

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Fourth Circuit Extends Coverage to Contractor

May 14, 2026 — Hunton Insurance Recovery Blog
The Fourth Circuit in APAC-Atlantic, Inc. v. Owners Insurance Co., No. 24-1969, 2026 WL 458402 (4th Cir. Feb. 18, 2026) recently endorsed broad coverage for additional insureds, interpreting “arising out of” broadly under North Carolina law to extend coverage to a repaving company under its subcontractor’s liability insurance policy. The court held that an additional insured’s liability “arising out of” a named insured’s work in an additional-insured endorsement means liability “relating to” or “causally connected to” the named insured’s operations, rather than liability defined more narrowly as “caused by” or “the fault of” the named insured. Read the full story...
Reprinted courtesy of Hunton Andrews Kurth LLP

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At Lake Powell, Engineering Is Outpacing Colorado River Policy

February 10, 2026 — Bryan Gottlieb - Engineering News-Record
Arizona’s Lake Powell is in trouble. U.S. Bureau of Reclamation modeling shows the reservoir dropped roughly 36 ft between December 2024 and December 2025, a decline that is no longer a warning but an operating condition engineers are designing around. 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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BWB&O’s LA Team Secures a Defense Victory for General Contractor Client in Riverside Superior Court!

January 13, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to Woodland Hills Partner Daniel Crespo and Associate Lauren Landau for securing a defense victory on behalf of one of our general contractor clients! The Riverside Superior Court granted summary judgment in favor of our client, finding the plaintiff’s core allegation was flatly contradicted by video evidence. The Court held that surveillance footage conclusively showed the minor did not fall into an “open trench” as alleged, but instead fell after voluntarily jumping over a temporary construction fence stabilizer. Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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