BEVERLY OHIO CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

GRSM Team Obtains Defense Verdict for Homeowners’ Association in Orange County Superior Court

August 11, 2026 — Gordon Rees Scully Mansukhani
A Gordon Rees Scully Mansukhani multi-state team, including Partners Christine Barker, Sean Ferron, and Keith Cramer, obtained a defense verdict on behalf of a homeowners’ association (HOA) in an Orange County Superior Court bench trial spanning two months. The case began in 2022 when a homeowner sued after the Architectural Review Committee and HOA Board of Directors declined his teardown-and-rebuild plans due to view and aesthetic concerns. After a motion for summary judgment ruling in which the court found that the existing covenants, conditions, and restrictions (CC&Rs) did not protect views, the HOA held a special election to add explicit view protections to the CC&Rs. At the February 2025 trial call, the plaintiff sought leave to file a third amended complaint challenging the validity of that vote, drastically reframing the case from CC&R enforcement to one of election validity. A second plaintiff then filed a parallel action toward the end of the limitations period, and the two cases were consolidated. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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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

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Colorado Legislature Considers Series of Bills Aimed at Boosting Affordable Housing Construction in Colorado — What Homebuilders Need to Know

April 08, 2026 — Amanda E. McKinlay - Snell & Wilmer
On January 21, 2026, lawmakers introduced a series of bills with the goals of addressing affordable housing issues and incentivizing construction in Colorado. House Bill 26-1001 (known as the “Housing Opportunities Made Easier ‘HOME’ Act”) concerns the promotion for residential developments on “qualifying properties” that do not contain exempt parcels through the bypassing of often time-consuming local planning processes. Under HB26-1001, a “qualifying property is any real property that contains no more than five acres of land and is owned by: (i) a nonprofit organization with a demonstrated history of providing affordable housing; (ii) a nonprofit organization that provides public transit; (iii) a nonprofit organization that has entered into an agreement with another nonprofit organization with a demonstrated history of providing affordable housing, provided that the agreement requires the nonprofit organization with a demonstrated history of providing affordable housing to develop a residential development on the property; (iv) a school district; (v) a state college or university; (vi) a housing authority; or (vii) a local or regional transit district or a regional transportation authority serving one or more counties. Read the full story...
Reprinted courtesy of Amanda E. McKinlay, Snell & Wilmer
Ms. McKinlay may be contacted at amckinlay@swlaw.com

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Conditional Payment Bond Consideration-Make Sure There Is Pay-If-Paid Provision

June 29, 2026 — David Adelstein - Florida Construction Legal Updates
If a general contractor is going to have a conditional payment bond, it needs to ensure it subcontracts contain pay-if-paid or pay-when-paid provisions. This conditional payment language in subcontracts is the general contractor’s defense that it doesn’t have to pay a subcontractor UNTIL owner has paid the general contractor for the subcontractor’s work. The general contractor (and the surety) can look at the conditional payment bond with the s. 713.245 legend stamped on its face designating the conditional nature of the bond, and assume the conditional structure is locked in against the bond: no payment from the owner, no obligation to the subcontractors under the bond. But what happens when the subcontracts contain no express conditional payment language despite having a valid conditional payment bond? Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Four HHMR Attorneys Recognized in the 2027 Editions of Best Lawyers®

September 21, 2026 — Higgins, Hopkins, McLain & Roswell, LLC - Colorado Construction Litigation Blog
Higgins, Hopkins, McLain & Roswell, LLC is proud to announce that Best Lawyers® has recognized four HHMR attorneys in the 2027 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America for their work in construction law and construction litigation. David M. McLain, Lisa Bondy Dunn, and Steven L. Heisdorffer earned recognition in the 2027 edition of The Best Lawyers in America®. Ricky L. Nolen, Jr. earned recognition in the 2027 edition of Best Lawyers: Ones to Watch® in America. For a firm that has deliberately focused its practice on construction law and construction litigation for nearly 25 years, we take particular pride in seeing that focus reflected in the recognition of lawyers across different generations of HHMR. Read the full story...
Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC

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Pulling the Plug, Preserving the Product: Protecting Rights to a Modular Subcontractor’s Work Post-Termination

June 08, 2026 — Paul Williamson - ConsensusDocs
Volumetric Modular Construction (VMC) is a building method where a structure is divided into large components or modules, fabricated in an offsite factory and then transported to a construction site for assembly.[1] Proponents of VMC hail it as a cost-efficient alternative to traditional building methods that leads to more consistent quality and shorter construction duration.[2] Due to a growing labor shortage, high demand for compressed project schedules, and stagnant construction productivity rates, the construction industry is embracing VMC.[Traub Lieberman Attorneys Recognized in 2019 Edition of Who’s Who Legal

Gehry-Designed Project Seen Bringing NYC Vibe to L.A.

California Supreme Court Finds that the Notice-Prejudice Rule Applicable to Insurance is a Fundamental Public Policy of the State

New York Court Discusses Evidentiary Standards for Policy Rescission Based on Material Misrepresentation

Seattle’s Residential Zoning Transformation: What Property Owners, Buyers, and Investors Should Understand

Termination of Construction Contracts

Pending Sales of U.S. Existing Homes Rise Most in Four Years

Construction Law Client Advisory: What The Recent Beacon Decision Means For Developers And General Contractors

Meet BWB&O’s Super Lawyers Rising Stars in Colorado!

A Court-Side Seat: A FACA Fight, a Carbon Pledge and Some Venue on the SCOTUS Menu

Snooze You Lose? Enforcement of Notice and Timing Provisions

A Court-Side Seat: Clean Air, Clean Water, Citizen Suits and the Summer of 2022

Construction Termination Issues Part 5: What if You are the One that Wants to Quit?

Real Estate & Construction News Roundup (7/23/25) – Builders Look for Startups, AI Transforms Real Estate and Interest Rates Stall Construction Momentum

Proposed Legislation for Losses from COVID-19 and Limitations on the Retroactive Impairment of Contracts

Best Lawyers® Recognizes 40 White and Williams Lawyers

Business Risk Exclusions Dismissed in Summary Judgment Motion

Insurers' Motion to Knock Out Bad Faith, Negligent Misrepresentation Claims in Construction Defect Case Denied

David A. Frenznick Awarded Multiple Accolades in the 2020 Edition of The Best Lawyers in America

Motion to Strike Insureds' Experts Denied, Unfair Claim Settlement Claims Survive Summary Judgment

Paycheck Protection Flexibility Act Of 2020: What You Need to Know

Bridges Crumble as Muni Rates at Least Since ’60s Ignored

I’m Sorry Ms.
There's No Such Thing as a Free House

NY Gov. Sets Industry Advisory Council to Fix Public Contracts Process

John Paulson’s $1 Billion Caribbean Empire Faces Betrayal

New Jersey Condominium Owners Sue FEMA

ASCE Statement on Passing of Senator Dianne Feinstein

Personal Injury Claims – The Basics

William Lyon Homes Unites with Polygon Northwest Company

UPDATE: Texas Federal Court Permanently Enjoins U.S. Department of Labor “Persuader Rule” Requiring Law Firms and Other Consultants to Disclose Work Performed for Employers on Union Organization Efforts

Party Cannot Skirt Out of the Very Fraud It Perpetrates

Condo Board Goes after Insurer for Construction Defect Settlement

Demolition Started for Boston’s $200M Professional Women’s Soccer Stadium Renovation Despite Looming Trial

Cliff White Expands Insurance Litigation Team at Payne & Fears

California Insurance Commissioner Lacks Authority to Regulate Formula for Estimating Replacement Cost Value

Mortgage Applications in U.S. Jump 11.6% as Refinancing Surges

Mitsubishi Estate to Rebuild Apartments After Defects Found

Congratulations to Partner Alex Giannetto for Being Named to San Diego Business Journal’s Top 100 Leaders in Law List

CA Supreme Court Finds “Consent-to-Assignment” Clauses Unenforceable After Loss Occurs During the Policy Period

Showdown Over Landmark Housing Law Looms at U.S. Supreme Court

Consumer Prices Rising as U.S. Housing Stabilizes: Economy

Building Codes Evolve With High Wind Events

Construction Defect Claim not Barred by Prior Arbitration

Mass. Gas Leak Follows NTSB Final Report, Call for Reforms

Watch Your Step – Playing Golf on an Outdoor Course Necessarily Encompasses Risk of Encountering Irregularities in the Ground Surface

Exploring Architects’ Perspectives on AI: A Survey of Fears and Hopes

A Year Later, Homeowners Still Repairing Damage from Sandy

Court of Appeals Confirms that King County Superior Court’s Jury Selection Process Satisfies Due Process Requirements

Claim Preclusion: The Doctrine Everyone Thinks They Know But No One Really Knows What it Means in Practice

Competition to Design Washington D.C.’s 11th Street Bridge Park

What If an Irma-Like Hurricane Hit the New York City Metro Area?

OSHA Issues New Rules on Injury Record Keeping

Texas Legislative Update

Injured Subcontractor Employee Asserts Premise Liability Claim Against General Contractor

When Business is Personal: Negligent and Intentional Interference Claims

Renters ‘Sold Out’ by NYC Pensions Press Mayor on Housing

Intentional Mining Neighbor's Property is Not an Occurrence

Insured Under Property Insurance Policy Should Comply With Post-Loss Policy Conditions

Washington Court Limits Lien Rights of Construction Managers

Construction is the Fastest Growing Industry in California

Indemnity Provision Provides Relief to Contractor; Additional Insured Provision Does Not

Electronic Signatures On Contracts: Are They Truly Compliant?

Good-To-Know Points Regarding (I) Miller Act Payment Bonds And (Ii) Payment Bond Surety Compelling Arbitration

Compliance Doesn’t Pay: Compliance Evidence Inadmissible in Strict Liability Actions

The Partial Building Collapse of the 12-Story Florida Condo

Arbitration: For Whom the Statute of Limitations Does Not Toll in Pennsylvania

New York's De Blasio Unveils $41 Billion Plan for Affordable Housing

Breach Of Duty of Good Faith And Fair Dealing Packaged With Contract Disputes Act Claim

Ask (OSHA) and You Shall Receive? DOL Expands Opinion Letter Program for OSHA and Other DOL Agencies

Truck Hits Warning Beam That Falls, Kills Motorist at Las Vegas Bridge Project

A Court-Side Seat: Environmental Developments on the Ninth Circuit

Reminder: Quantum Meruit and Breach of Construction Contract Don’t Mix