NELSON COUNTY NORTH DAKOTA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Did You Get the Message? (And does it count?) The Legal Consequences of Text Messages, Group Chats, and Informal Digital Communication on Construction Projects

March 17, 2026 — Kellie Ros & Curtis Martin - ConsensusDocs
Introduction: The New Reality of Construction Communication Construction projects have always depended on a constant stream of communication. Today’s project managers, superintendents, and foremen have broadened the method of communication to include convenient forms of digital communication. Superintendents text photos of field conditions, owners send quick approvals through WhatsApp, architects clarify design intent in a Teams chat, and subcontractors coordinate sequencing through group texts. These channels are fast, convenient, and deeply embedded in modern project culture. Yet the legal framework governing construction contracts has not evolved at the same pace. Many contracts still assume – or require – that notice, directives, and approvals occur through formal written channels—letters, emails to designated recipients, or structured project‑management platforms. This disconnect creates significant legal risk, particularly for contractors who rely on informal messages as authorization for extra work or schedule changes. Courts are increasingly asked to interpret text messages, chat threads, and screenshots as evidence of notice, direction, or waiver. The outcomes vary, but the trend is unmistakable: informal digital communication is now part of the project record, and it can bind parties in ways they did not expect. Reprinted courtesy of Kellie Ros, Peckar & Abramson, P.C. and Curtis Martin, Peckar & Abramson, P.C. Ms. Ros may be contacted at kros@pecklaw.com Mr. Martin may be contacted at cmartin@pecklaw.com Read the full story...

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Tutor Perini Damages Trial Is Set Over Costly Philadelphia Hotel Floor Slab Problems

December 08, 2025 — Richard Korman - Engineering News-Record
Tutor Perini Building Corp. faces a potentially expensive damages trial next year after a Pennsylvania state court judge ruled in late October that the company breached its contract with the developer of a 51-story downtown Philadelphia hotel on which floor slab deflections delayed curtain-wall installation and added to completion delays and cost overruns. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

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Ownership and Licensing in Design Agreements

April 14, 2026 — Abby Dvorkin - Snell & Wilmer
The ownership and licensing of design documents in professional services agreements play a significant role in protecting the interests of the design professional and the project owner during and after project completion. The ownership or licensing of the drawings provision typically outlines who owns the drawings and specifications, who can use the documents, and how the documents can be used during and after the project. Project owners and developers should understand that payment for design services does not automatically transfer ownership or an exclusive right to use the professional design. Under U.S. copyright law, the default rule is that the design professional retains ownership of the instruments of service absent a contractual provision transferring ownership or a license. See 17 U.S.C. § 101, et seq. The Architectural Works Copyright Protection Act provides that copyright protection applies to “pictorial, graphic and sculptural works” and includes “architectural works.” 17 U.S.C. § 102. A design professional may only transfer copyright ownership in writing. 17 U.S.C. § 204(a). Read the full story...
Reprinted courtesy of Abby Dvorkin, Snell & Wilmer
Ms. Dvorkin may be contacted at advorkin@swlaw.com

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California Supreme Court Approves of Annual Civility Oath for Attorneys, Rejects Incivility As Basis for Disciplinary Measures

December 08, 2025 — Saul Lopez - Lewis Brisbois Newsroom
San Diego, Calif. (October 20, 2025) - Courts and lawmakers in California and across the country are continuing to grapple with the ongoing problem of incivility among lawyers. Nearly every week a new story is publicized in which an attorney is sanctioned or rebuked for sharp rhetoric in filings or combative behavior in the courtroom. The erosion of courtesy threatens not only collegiality but also the fair administration of justice. On July 20, 2023, the State Bar of California Board of Trustees made an effort to restore respect and decorum within the practice of law within the Golden State. It approved and sent proposed measures to improve the civility of attorneys in California to the California Supreme Court for review and approval. The proposed measures included: (1) changes to California Rule of Court 9.7 that would require attorneys to reaffirm their oath of civility annually; and, (2) amendments to the Rules of Professional Conduct that would add acts of incivility as a basis for disciplinary measures against attorneys. Read the full story...
Reprinted courtesy of Saul Lopez, Lewis Brisbois
Mr. Lopez may be contacted at Saul.Lopez@lewisbrisbois.com

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

March 17, 2026 — Emell D. Adolphus - Engineering News-Record
Construction work is back on track at Highmark Stadium in Orchard Park, N.Y., after police identifed, but did not arrest two suspects in connection with $150,000 in property damage that paused work for nearly one week at the $2.1 billion stadium project, said the Gilbane Building Cos. and Turner Construction joint venture building it for the National Football League’s Buffalo Bills. Read the full story...
Reprinted courtesy of Emell D. Adolphus, Engineering News-Record
Mr. Adolphus may be contacted at adolphuse@enr.com

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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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Leaders in Dispute Resolution Need to Make Unbiased Decisions for Mediation to Succeed

March 31, 2026 — Rick G. Erickson - Snell & Wilmer
As a mediator helping to settle construction disputes and as an arbitrator deciding outcomes of these disputes, I found certain lessons to be especially helpful after graduating last summer from the Executive Education program at Harvard Kennedy School (HKS). The exceptional HKS curriculum included courses focused on negotiation strategies for multiparty disputes, decisive leadership during crisis, and human behavior affecting dispute resolution. In particular, our HKS class debated the impact of cognitive bias in dispute resolution, and we studied a central theme that decision-making is universally scientific. That is, parties making decisions in dispute resolution exhibit and rely upon empirical factors that good mediators and decision makers should appreciate and understand. Bias, for example, can cause key players to discount persuasive witnesses, admissible evidence, and reliable expert opinions that influence the outcome of a construction dispute. Biased decision makers may also choose to withhold key information from the mediator, as though doing so will help rather than hurt what is supposed to be an objective and diplomatic process. Read the full story...
Reprinted courtesy of Rick G. Erickson, Snell & Wilmer
Mr. Erickson may be contacted at rerickson@swlaw.com

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CA Civil Code § 8850: What Private Multi-state Owners and Developers Building in California in 2026 Need to Know

January 26, 2026 — Anand Gupta - Construction Law Zone Blog
Owners and developers building in California must be aware of a new statute, CA Civil Code § 8850, which takes effect for contracts entered into, on, and after January 1, 2026. The statute will likely apply to most private construction projects; however, a carve-out exists for residential projects that are not mixed use and are four stories or less. When a contractor—or, with proper authorization, a subcontractor—submits a claim related to payment, time extensions, damages, or change orders (encompassing the majority of construction disputes), the owner must provide a written response within 30 days. This response must clearly state which portions of the claim are disputed and which are not. The owner has 60 days from the date of its response to issue payment for those undisputed amounts. Late payments will accrue interest at a rate of two percent per month. Read the full story...
Reprinted courtesy of Anand Gupta, Robinson & Cole
Mr. Gupta may be contacted at agupta@rc.com

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