SMITHVILLE OKLAHOMA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Course of Conduct Can Serve as Waiver or Modification of Parties’ Contract

December 22, 2025 — David Adelstein - Florida Construction Legal Updates
When you enter into a contract, the language in the contract means something. And if you don’t follow what the contract says, it will be used against you. It can be used to support the argument that you breached the contract. Or it can be used to demonstrate your lack of compliance with the contract does not entitle you to the recourse you are seeking. However, this does not mean under certain circumstances the language of the contract cannot be waived or modified by the parties’ course of conduct. In a recent dispute, an owner and contractor sued each other under a cost-plus contract. The contractor recorded a construction lien and moved to foreclose its construction lien. The owner claimed it was over-charged and claimed the contractor breached the contract. The contractor also claimed it was not timely paid with improperly withheld payment applications. The trial court granted summary judgment in favor of the contractor, which was affirmed on appeal based on the parties’ course of dealing:

The trial court concluded that, although the parties’ cost-plus contract required that all change orders be approved in writing, the summary judgment record established that this provision was routinely waived by the parties’ course of dealing: [owner] would orally request changes to the project; [contractor] would perform

Can Foreclosure Sale Be Overturned Because Sale Price Is Grossly Inadequate?

January 26, 2026 — David Adelstein - Florida Construction Legal Updat

Insurer’s Federal Suit Dismissed in Favor of Insured’s State Suit

April 14, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court granted the insured’s motion to dismiss the insurer’s federal suit for declaratory judgment because the insured filed a more complete action in state court. Church Mut. Ins. Co. v. Elmwood Baptist Church, 2025 U.S. Dist. LEXIS 259762 (S.D. W.

Congratulations to Las Vegas Partner Jeffrey Saab and Senior Associate Shanna Carter on Winning Another Motion for Summary Judgment!

March 17, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Partner Jeffrey Saab and Senior Associate 2026 Construction Outlook: Dampening Outlook With Some Potential Bright SpotsFebruary 17, 2026 — Garret Murai - California Construction Law Blog
According to Dodge Construction Network’s Outlook 2026 Ebook, “the construction industry came roaring into 2025” – with large government investments through the Infrastructure Bill and the CHIP

Traub Lieberman Partners Lauren S. Curtis and Sarah A. Wilkins and Associate Veronica Guerra Win Motion for Summary Judgment

January 21, 2026 — Traub Lieberman
Traub Lieberman Partners Lauren S. Curtis and Sarah A. Wilkins and Associate Veronica Guerra recently won a motion for summary judgment in favor of an insurer in a matter brought before the United States District Court for the

Standing When It Comes to Real Property Owned by a Trust

February 23, 2026 — David Adelstein - Florida Construction Legal Updates
It is not uncommon for property to be owned in the name of the trust as part of an estate planning agenda. In construction, improvements are made all the time to real property owned in the name of a trust or later transferred to a trust for estate planning purposes. In a recent case, the question became that if the property is owned

Modular Construction’s Big Boom: New Risks Outpacing Standard Contracts in Industrial Projects

March 24, 2026 — Chad Theriot & Jack Mayo - Construction Executive
Modular construction is revolutionizing the construction industry, tackling labor shortages, sustainability goals and supply-chain challenges, with the global market for modular and prefabricated construction projected to reach over $200 billion by 2030. While residential builders have embraced modular’s speed and affordability, the greatest risks—and opportunities—are emerging in the industrial sector, where project scale and complexity demand new legal strategies. In 2023, Chad Theriot explored industrial and infrastructure applications of modular construction, addressing risks like offsite fabrication and integratio

How Mobile Tools Are Capturing Safety Data on Jobsites

April 08, 2026 — Michael Bruns - Construction Executive
Traditionally, construction safety management is “reactive compliance”—reporting on an incident, filling out a form on paper or electronically, taking a picture and filing it away for compliance purposes. Safety management is shifting from reactive to proactive. Forward-thinking companies are using data and leading indicators to identify risks before incidents happen, not just document injuries after the fact. Mobile tools have completely changed the way safety operations work on construction sites, enabling that transition to proactive safety management. Reprinted courtesy of Michael Bruns, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Turnover Traps for Community Associations: Investigate First, Release Claims Later

April 14, 2026 — Nicholas B. Vargo - Ball Janik LLP
Turnover of a community association from developer control to owner control is a uniquely vulnerable moment. Developers are increasingly presenting Florida condominium and homeowners’ associations with “standard” settlement or release agreements at turnover, often being framed as routine steps to finalize the transition of control. In reality, these agreements can have sweeping consequences, including the release of construction-defect claims before the association has conducted any meaningful independent evaluation. The developer has years of project knowledge and access to plans, subcontractors, and internal records. The newly elected board is just beginning to organize, obtain documents, and understand the property’s condition. Many defects, especially those involving roofing, waterproofing, windows, or structural components, are latent and not yet visible. Signing a release at this stage means the association is making a binding decision under conditions of uncertainty, without full information, to release all future potential claims. Over the last few years, there has been a rise in reports of developers offering a packaged deal: they agree to complete certain repairs, often minor punch-list or cosmetic items, and to “forgive” an alleged financial deficit (often around $50,000) supposedly owed by the association from the developer-control period. In exchange, the association is asked to sign a broad release covering all claims, including known and unknown construction defects. To a new HOA board that received their community with limited operating and reserve funds, they are left with a difficult decision to either accept the developer’s offer or assess their owners to pay this alleged debt. These agreements are occasionally presented through community management companies, which may describe them as “standard” or "routine.” Whether due to misunderstanding or influence from the developer, management companies can unintentionally reinforce the idea that signing is expected. Any recommendation provided to HOAs about whether to sign these releases could open community management to liability down the road. The best practice for both associations and community managers is to refer any agreements to be reviewed by general counsel for the association. The following two case studies illustrate the real-world consequences: Case Study One: A newly transitioned board relies on its management company to negotiate with the developer-builder to resolve irrigation issues, pond concerns, and signage deficiencies, along with forgiving an asserted financial shortfall. In exchange, the board signs a broad

Rebuilding in Fire-Damaged Los Angeles One Year Later

January 26, 2026 — Zoltan Pali - Construction Executive
As wildfires, and subsequent mudslides become more frequent and destructive across Los Angeles, rebuilding efforts must go beyond policy reform to address a critical, often overlooked challenge: the condition of the land itself. Mayor Karen Bass’ recent executive actions–streamlining approvals, reducing fees and allowing rebuilt homes to be up to 10% larger–mark meaningful progress in cutting red tape. But while these changes may make rebuilding easier on paper, difficulties remain hidden beneath the rubble. Before the Blueprint, the Groundwork In hillside neighborhoods like Pacific Palisades, where entire communities have been reduced to ash, rebuilding does not only begin with drawings or permits–it may begin with stabilizing the land. Many of the coastal and hillside neighborhoods are naturally unstable, and since many homes were built prior to 1956–pre-codification of artificial fill for building pads–slope reinforcement, soil replacement, deep foundation systems, engineered grading or some other forms of mitigation are required. These measures are not only time-intense and highly technical, but they are also expensive and often not covered by insurance. Reprinted courtesy of Zoltan Pali, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Measure Twice, Cut (the Check) Once: Liability for Cybercrime and How to Avoid It

December 15, 2025 — Curt Martin, Richard Volack & Quinn Kuriger - ConsensusDocs
The well-known maxim among carpenters – “measure twice, cut once” – serves as a prudent reminder in the context of construction progress payments, which have become increasingly vulnerable to cybercriminal activity. Consider the following scenario: a joint venture contractor had been receiving progress payments via wire transfer from the project owner. A cybercriminal infiltrated the contractor’s IT infrastructure, identified a pending invoice, and impersonated an employee to redirect the payment. The hacker initially requested that the funds be sent to a new account in rural New York under the general contractor’s name, rather than to the joint venture’s established Houston account. The owner

Fatalities Edge Down: New Data Reveals a Promising Decline

April 27, 2026 — Construction Executive
Construction fatalities in the United States declined slightly in 2024, according to Lien Law Unlikely To Change — Yet

Bankrupt Canada Contractor Execs Ordered to Repay $26 Million

FEMA Offers to Review Hurricane Sandy Claims

Limiting Plaintiffs’ Claims to a Cause of Action for Violation of SB-800

Supreme Court Limits EPA’s Options for Wastewater Discharge Permits

Georgia State and Local Governments Receive Expanded Authority for Conservation Projects

Defective Sprinklers Not Cause of Library Flooding

Gone Fishing: Tenant’s Insurer Casts A Line Seeking To Subrogate Against The Landlord

Condo Association Settles with Pulte Homes over Construction Defect Claims
Big Bertha Lawsuits—Hitachi Zosen Weighs In

Chairman of the Senate Committee on Banking, Housing and Urban Affairs Calls for CFPB Investigation into Tenant Screening Businesses

Using Lien and Bond Claims to Secure Project Payments

Insurer's Judgment on the Pleadings Based Upon Expected Injury Exclusion Reversed

Damage to Plaintiffs' Home Caused By Unmoored Boats Survives Surface Water Exclusion

Best Lawyers Recognizes Twelve White and Williams Lawyers

Design Professionals Owe a Duty of Care to Homeowners

White and Williams Earns National "Best Law Firm" Rankings from US News

Brown and Caldwell Team with AECOM for Landmark Pure Water Southern California Program

Real Estate & Construction News Roundup (11/5/25) – Apartment Conversion Projects Surge, Targeted AI in Real Estate Increases and Hotel Lobby Urge End of Government Shutdown

United States Supreme Court Upholds Class Action Waivers in Arbitration Agreements

Homeowner's Claim for Collapse Survives Summary Judgment

Attorneys’ Fees Are Available in Arizona Eviction Actions

North Carolina Weakened Its Building Codes in 2013

Yet Another Reason That Your Contract Matters

Builder’s Be Wary of Insurance Policies that Provide No Coverage for Building: Mt. Hawley Ins. Co v. Creek Side at Parker HOA

New Notary Language For Mechanics Lien Releases and Stop Payment Notice Releases

Enforcement Of Contractual Terms (E.G., Flow-Down, Field Verification, Shop Drawing Approval, And No-Damage-For-Delay Provisions)

Out of Sight, Out of Mind: Texas Court Finds Construction Defect Claims Were Inherently Undiscoverable, Tolls Statute of Limitations

Another TV Fried as Georgia Leads U.S. in Lightning Costs

Real Estate & Construction News Roundup (7/17/24) – Housing Inflation to Remain High, Proptech Investment to Fall and Office Vacancy Rates to Reach Peak in 2025

California to Require Disclosure of Construction Defect Claims

Techniques for Resolving Construction Disputes

Sixth Circuit Lifts Stay on OSHA’s COVID-19 Temporary Emergency Standards. Supreme Court to Review

Ninth Circuit Issues Injunction Halting SB 261 Climate Disclosure Laws

The Uncertain Future of the IECC

The Biggest Trials Coming to Courts Around the World in 2021

New Utah & Colorado Homebuilder Announced: Jack Fisher Homes

GRSM Named Among 2025 “Best Law Firms” by Best Lawyers

Parol Evidence can be Used to Defeat Fraudulent Lien

Did the Building Boom Lead to a Boom in Construction Defects?

Prior Occurrence Exclusion Bars Coverage for Construction Defects

Suit Limitation Provisions in New York

Alaska Supreme Court Finds Insurer Owes No Independent Duty to Injured Party

Is an Initial Decision Maker, Project Neutral, or Dispute Resolution Board Right for You?

Reminder: The Devil is in the Mechanic’s Lien Details

Court Denies Insurers' Motions for Summary Judgment Under All Risk Policies

Another Worker Dies in Boston's Latest Construction Accident

Future Environmental Rulemaking Proceedings Listed in the Spring 2019 Unified Federal Agenda

Florida Construction Defect Decision Part of Lengthy Evolution

Hunton Insurance Team Wins Summary Judgment on Firm’s Own Hurricane Harvey Business Income Loss

Catch 22: “If You’re Moving Dirt, You Need to Control Your Dust” (But Don’t Use Potable Water!)

White and Williams LLP is Honored to be Recognized Among the 2026 Best Law Firms Ranked by Best Lawyers®

Time is of the Essence, Even When the Contract Doesn’t Say So

"My Bad, I Thought It Was in Good Faith" is Not Good Enough - Contractor Ordered to Pay Prompt Payment Penalties

New Jersey School Blames Leaks on Construction Defects, May Sue

The Goldilocks Rule: Panel Rejects Proposed Insurer-Specific MDL Proceedings for Four Large Insurers, but Establishes MDL Proceeding for the Smallest

Surveys: Hundreds of Design Professionals See Big COVID-19 Business Impacts

Brown and Caldwell Appoints Stigers as Design Chief Engineer

Beware: Hyper-Technical Labor Code Violations May Expose Employers to Significant Claims for Penalties under the Labor Code California Private Attorneys General Act of 2004 (PAGA)


No Global MDL for COVID Business Interruption Claims, but Panel Will Consider Separate Consolidated Proceedings for Lloyds, Cincinnati, Hartford, Society

The A, B and C’s of Contracting and Self-Performing Work Under California’s Contractor’s License Law

NYC Hires Engineer LERA for Parking Garage Collapse Probe

Employee Handbooks—Your First Line of Defense

Job Growth Seen as Good News for North Carolina Housing Market

Over 70 Lewis Brisbois Attorneys Recognized in 4th Edition of Best Lawyers: Ones to Watch in America

Denver Council Committee Approves Construction Defects Ordinance

Homebuilders Are Fighting Green Building. Homeowners Will Pay.

#12 CDJ Topic: Am. Home Assur. Co. v. SMG Stone Co., 2015 U.S. Dist. LEXIS 75910 (N. D. Cal. June 11, 2015)

Is the Obsession With Recordable Injury Rates a Deadly Safety Distraction?

Meet the Forum's In-House Counsel: RACHEL CLANCY

Boston Contractor Faces More OSHA Penalties

Construction Defect Leads to Death, Jury Awards $39 Million

Congratulations to Woodland Hills Partner Patrick Au and Senior Associate Ava Vahdat on Their Successful Motion for Summary Judgment!

No Second Chance: Colorado Court of Appeals Bars Indemnity Claim Under Doctrine of Claim Preclusion

Colorado Senate Revives Construction Defects Reform Bill

Sweat the Small Stuff – Don’t Overlook These Three (3) Clauses When Negotiating Your Construction Contract