LOMA MONTANA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Consider The Limited Warranty from Your Homebuilder

July 06, 2026 — David Adelstein - Florida Construction Legal Updates
When purchasing a home from a homebuilder, there is an important consideration when it comes to the limited warranty you receive around the time you close on the home. That limited warranty likely includes an arbitration provision requiring you to arbitrate your disputes, such as construction defect claims, against the homebuilder. That arbitration provision will most likely include all claims, including statutory claims (such as a statutory violation of a building code claim), requiring you to arbitrate, as opposed to litigate, your disputes against the homebuilder. This is an important consideration. If the arbitration provision does not allow you to arbitrate all of your claims, and eliminates your rights to legitimate statutory claims, the arbitration provision could be unenforceable. By way of example, in a residential construction defect dispute, Anderson v. Taylor Morrison of Florida, Inc., 223 So.3d 1088 (Fla. 2d DCA 2017), the appeal turned on whether the arbitration provision in the homebuilder’s limited warranty was valid. The homeowners took possession of their home in 2009. In 2015, the homeowners served a Florida Statutes Chapter 558 notice of construction defects that included a statutory violation of a building code claim under Florida Statute §553.84. The limited warranty included an arbitration provision that specified it was the “exclusive remedy” for all disputes arising out of or related to the warranty or issues with the home and property. When read together with the warranty’s disclaimer that precluded claims not covered by the warranty “whether in contract, tort, or otherwise,” the statutory building code violation claim could not be remedied through arbitration because it fell outside the warranty’s coverage. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Daily Journal Publishes Article by Brenda Radmacher on Proposed Overhaul of California Construction Defect Law

June 29, 2026 — Brenda Radmacher - The Construction Seyt
Daily Journal (California) featured an article by Construction Law partner Brenda Radmacher, “A new path for construction defects in California.” The piece, published on June 15, 2026, examines Assembly Bill 1903 and its potential to significantly reshape California’s construction defect framework, particularly for common interest properties. The article highlights how AB 1903 would overhaul the state’s current right-to-repair system by mandating completion of prelitigation procedures, raising requirements for defect claims, strengthening developers’/builders’ rights to repair, and introducing a voluntary “certified building” program. The legislation aims to rebalance competing interests by reducing litigation-driven costs while preserving protections for homeowners. Read the full story...
Reprinted courtesy of Brenda Radmacher, Seyfarth Shaw LLP
Ms. Radmacher may be contacted at bradmacher@seyfarth.com

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Every High-Tech Building Has Many Lifespans

August 16, 2026 — Aarni Heiskanen - AEC Business
When I worked as an architect, our team designed a laboratory for fuel research. The facility included a large research hall where various boilers and other devices were tested and analyzed. The setup required extensive floor channeling under the thick concrete floor. We suggested building a modular system that would allow flexibility in the future, when requirements would certainly change. They did not want that because of budget constraints. The high-tech construction trend is spreading. Data centers, semiconductor fabs, battery plants, and life science facilities share one property that sets them apart from ordinary buildings. The technology inside turns over faster than the structure around it. Server generations change every three to five years. Rack densities have risen from 10 or 20 kW to 130 kW and beyond in just a few years. A high-tech facility is really several buildings with different lifespans inside one envelope, and we keep designing them as if they were one. The failure is not that things become obsolete. It is that we never say when each layer is expected to. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

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Celebrating BWB&O’s 2026 Super Lawyers Rising Stars in San Diego!

March 31, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is proud to announce that Partners Jocelyn Russo, Christina Matian, and Associate Angelo Perillo have been named to the Super Lawyers 2026 San Diego Rising Stars list. This recognition highlights their outstanding dedication and distinguished service in Family Law, Civil Litigation, and Personal Injury Litigation.

SUPER LAWYERS Jocelyn Russo: 2023-2026 Christina Matian: 2024-2026 Angelo Perillo: 2024-2026

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Reprinted courtesy of Bremer Whyte Brown & O’Meara, LLP

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The Firm Turns 16!

July 20, 2026 — Christopher G. Hill - Construction Law Musings
I have always found it appropriate that my jump to solo practice and Independence Day are so close in time. Today marks the 16th anniversary of my first day as a solo practitioner of construction law at The Law Office of Christopher G. Hill, PC. Time sure has flown by thanks to the great clients and friends who followed me to solo practice and whom I have met since the firm’s founding on July 1, 2010. I also could not have made the transition and had the fun and success I have enjoyed over the past 16 years without the support of the best wife and family that any construction lawyer could want. Since the firm’s last anniversary, my youngest child (who was 7 when this journey began!) has graduated from N. C. State University with a fisheries and wildlife biology degree and is currently in Casper, Wyoming working for Wyoming Game & Fish, my second oldest is an assistant director of admissions at Appalachian State University in Boone, NC, and has celebrated his second wedding anniversary, and my oldest has celebrated her fifth marriage anniversary. Our home in Captiva, Florida continues its recovery from from Hurricane Ian and subsequent hurricanes. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill

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Doctrine of Substantial Performance When It Comes to Payment

July 27, 2026 — David Adelstein - Florida Construction Legal Updates
A recent non-construction case touches upon the doctrine of substantial performance when it comes to payment. In this case, a club was to make two payments to secure a rapper’s attendance. The first payment was made. The second payment was made but was a few hundred dollars short of the agreed amount. The rapper did not show up. The club claimed it substantially performed its obligations. At first glance, the argument makes sense because the second payment fell only a few hundred dollars short. But that wasn’t the case when it comes to pre-commencement payment obligations:

Substantial performance applies only when the variance from the contract terms “is inadvertent or unintentional and unimportant so that the work actually performed is substantially what was called for in the contract.” However, when one party agrees to pay the other on or before a specific date, time is of the essence, and the payor is required to pay the payee on or before that date. “There is almost always no such thing as ‘substantial performance’ of payment between commercial parties when the duty is simply the general one to pay. Payment is either made in the amount and on the date due, or it is not.”

Big Gate Records, LLC v. Washington, 51 Fla.L.Weekly D1281a (Fla. 2nd DCA 2026) (internal citations omitted).

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

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Are Robotic Coworkers Soon a Reality in Construction?

March 24, 2026 — Aarni Heiskanen - AEC Business
General-purpose humanoid robots are in the headlines, but is the hype justified? What’s the point of having a robot home assistant when it still needs a “guy behind the curtain” to control it remotely? Despite the challenges, robots, even those that look like humans, are seriously considered as future coworkers in business environments. According to the McKinsey report ‘Will embodied AI create robotic coworkers?‘ the idea that AI-powered robots will become general-purpose coworkers is grounded in real technological progress, but not an overnight reality. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

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Federal Court Highlights the Strategic Value of Additional Insured Coverage

June 22, 2026 — Michael S. Levine - Hunton Insurance Recovery Blog
A recent decision from the District of Maryland underscores a recurring—but often underutilized—opportunity for policyholders: securing and enforcing additional insured coverage under another party’s liability policy. In Charter Oak Fire Insurance Co. v. Builders Premier Insurance Co., the court held that an equipment lessor qualified as an additional insured under the lessee’s policy and was entitled to a primary defense. The decision is a useful reminder that additional insured coverage can fundamentally shift defense obligations and materially reduce a policyholder’s exposure. We build on the decision to highlight the practical steps policyholders should take to ensure that all potentially available insurance is identified and pursued. Read the full story...
Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth LLP
Mr. Levine may be contacted at mlevine@hunton.com

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