PENDROY MONTANA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Your AEC Firm Has a Memory Problem. Here Is How to Fix It

June 01, 2026 — Aarni Heiskanen - AEC Business
AEC companies trying to operationalize AI often find they lack the data foundation on which to build. There may be an abundance of data hidden in documents, but you can’t reliably use it for AI. The lack of data quality was a key topic discussed at the AI in AEC 2026 conference. During the event, I met many experts working to solve this problem, including Pavlina Nikolova, Egnyte‘s EMEA AEC Practice Lead. The chat and her presentation highlighted the challenges and ways to overcome them. 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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“He Chose…Poorly: How Bad DSC Clauses Lead to Project Doom in the Last Crusade of Construction Risk”

March 10, 2026 — Curt Martin & Lee Banta - ConsensusDocs
“We do not follow maps to buried treasure, and X never, ever marks the spot.” That’s the advice that Indiana Jones offered in the Last Crusade film. But what’s beneath the surface isn’t just important to adventure archaeologists. It has real-world application to our industry, where success depends on the stability of materials below the surface. The study of geology and soils has ancient roots. Egyptians relied on soil stability for the pyramids; Rome built a continent-wide roadway system utilizing subgrade preparation techniques; Medieval builders implemented a rudimentary foundation pier system; Henri Gautier studied what is now called the “angle of repose” for French retaining walls in the early 18th Century. Through the 19th Century, contractors bore the risk of the stability of their work, and the attendant peril of unforeseen site conditions. But in the early 20th Century, design trades continued to develop increased understanding of soil and underground conditions. In the 1920’s US federal contracts began employing “differing site conditions” clauses, which provided for cost/time adjustments if subsurface conditions differed from expectations. Industry forms followed the federal policy, and these clauses became almost universally accepted. Reprinted courtesy of Curt Martin, Peckar & Abramson, P.C. and Lee Banta, Peckar & Abramson, P.C. Mr. Martin may be contacted at cmartin@pecklaw.com Mr. Banta may be contacted at lbanta@pecklaw.com Read the full story...

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Newmeyer Dillion Partner Jeff Masters Recognized by Chambers USA for Representation of Insurance Policyholders

June 08, 2026 — Newmeyer Dillion
NEWPORT BEACH, Calif. – June 4, 2026 – Newmeyer Dillion is proud to announce that litigation partner Jeffrey D. Masters has been ranked among a select group of California lawyers representing insurance policyholders in the 2026 edition of Chambers USA. This marks two consecutive years of recognition for Masters by this prestigious international attorney rating resource. "This recognition by Chambers and Partners is a testament to Jeff’s dedication to our clients," said Managing Partner, Paul Tetzloff. "We are thrilled to see his hard work acknowledged and the level of passion and care that he delivers to clients fully recognized." Read the full story...
Reprinted courtesy of Newmeyer Dillion

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Contractor Dispute Resolution Framework and Prevention

July 06, 2026 — Construction Executive
WHAT DEFINES A CONTRACTOR DISPUTE RESOLUTION FRAMEWORK A contractor dispute resolution framework is a structured system of contractual terms, governance processes and escalation pathways designed to prevent, manage and resolve conflicts between contracting parties with minimal disruption to cost, schedule and performance. The framework operates as both a preventive control and a corrective mechanism. Preventive elements establish clarity in scope, expectations and accountability before work begins. Corrective elements define how disagreements are identified, documented, escalated and resolved once they arise. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Florida's Third DCA Reasserts the Teeth of Chapter 558 and the Future of Construction Defect Litigation

February 23, 2026 — Ryan C. Brooks & Keith G. Salhab - Wood Smith Henning & Berman LLP
The case of Moss & Associates, LLC v. Daystar Peterson and Brickell Heights East Condominium Association, Inc. represents a quiet but significant correction in Florida construction law litigation. The Florida Third District Court of Appeal granted a petition for writ of certiorari and quashed a trial court order that denied a contractor's motion to stay litigation under Chapter 558, Florida Statutes. Though procedurally narrow, the ruling reflects an increasingly assertive appellate stance. Chapter 558's pre-suit notice and right-to-repair process is mandatory, jurisdictional in effect, and not subject to dilution by trial-level discretion. At its core, the opinion reinforces a foundational principle. Florida intends for construction defect disputes to be managed, investigated, and often resolved before they reach a courtroom. The Third DCA's insistence on strict statutory compliance signals to trial courts, and to the plaintiffs' bar, that procedural shortcuts will not be tolerated. Reprinted courtesy of Ryan C. Brooks, Wood Smith Henning & Berman LLP and Keith G. Salhab, Wood Smith Henning & Berman LLP Mr. Brooks may be contacted at rbrooks@wshblaw.com Mr. Salhab may be contacted at ksalhab@wshblaw.com Read the full story...

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The Who/What/How of Sealing Plans for Architects and Engineers (Law Note)

March 03, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
The proper use of professional seals in North Carolina is critical. Failure to follow the prescribed requirements can subject you or your Firm to a Board sanction. Did you know that the NC Board of Architecture and the NC Engineering Board have jointly prepared a fairly straightforward document that can tell you exactly what you need to know about sealing of plans? That document, the “Seal Brochure” (pdf) is available for download. Every state’s regulations are a little different (thank you Federalism!) so it is worth reviewing with your staff at regular intervals, especially if you do work across state lines. Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

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GRSM Trial Team Holds Alameda County Asbestos Verdict to $900,000 Against $50 Million Demand

July 27, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani Partners John Katerndahl and Vincent Gunter recently obtained an outstanding trial result for a manufacturer of asbestos-containing electrical cable, holding a jury verdict to $900,000 against a $50 million demand following an eight-week trial in Alameda County Superior Court, which is among the most challenging asbestos venues in the country. The GRSM team also included Associate Brandon Sanchez, on-site trial Paralegal Laura Vitanova, and Paralegal Kerrie Lease. The plaintiffs, the surviving spouse and four children of a former painter who died of mesothelioma, alleged that the decedent was exposed to asbestos from the company’s electrical cable during construction of a California nuclear power facility. GRSM’s client was the sole remaining defendant at trial. The plaintiffs asked the jury for $50 million and called 15 witnesses across their case-in-chief and rebuttal. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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Agent Not Liable for Loss Given Insured’s Vague Instructions for Coverage

April 08, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Illinois Appellate Court affirmed the district court’s grant of summary judgment to the insured’s agent because there was no breach of duty. Jon Van Order v. Hauk, et al., 2025 Ill. App. Unpub. LEXIS 2378 (Ill. Ct. App. Dec. 23, 2025). The insured began renovating a vacant home in October 2018. He met with agent Joseph Hauk and explained the property was vacant and would be going through renovations for the next several months. Hauk then procured a policy through Shelter Insurance Company insuring the vacant property against several specified perils. The policy provided coverage for water damage if “[t]he exterior of the building sustained a covered loss” and “that loss created an opening through which the water entered.” Damage caused by escaping water from within a plumbing system was excluded if: (1) the damage was caused by a “continuous or repeated leakage over a period of fourteen days or more” or (2) the insured premises had been vacant for 30 consecutive days immediately preceding the loss. 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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