Brookings South Dakota Construction Expert Witness Directory

WSHB Managing Partner Chad Dunigan Named Finalist for Jerrold S. Oliver "Ollie" Award of Excellence

May 12, 2026 — Wood Smith Henning Berman
Chad Dunigan, Managing Partner of Wood Smith Henning & Berman's Orlando, Florida, office, has been selected as one of just four finalists for the prestigious Jerrold S. Oliver Award of Excellence, affectionately known in the construction defect community as the "Ollie" Award. This distinguished honor recognizes individuals who have made exceptional contributions and demonstrated unwavering dedication to advancing the field of construction defect law. Named in honor of the late Judge Jerrold S. Oliver, a revered founder of alternative dispute resolution in construction defect claims and litigation, the Ollie award symbolizes loyalty, commitment, and trust within the industry. Judge Oliver's legacy as a staunch believer in the resolution process continues to inspire professionals who strive for excellence in the construction defect community. Read the full story...
Reprinted courtesy of Wood Smith Henning Berman

The Architects Who Dream of a New Stone Age

October 26, 2026 — Jennifer Hahn – Bloomberg
Most of the world’s longest-standing buildings have one thing in common: They are made from stone. Still, you’d be hard-pressed to find this civilization-outlasting material as a structural element in modern construction. Many stone buildings are imposters: thin veneers of limestone or granite disguising concrete and steel skeletons. In its day job as Earth’s crust, stone is currently holding up entire cities, countries and continents. But it’s rarely used to its full potential as a load-bearing material that can be stronger than concrete. Read the full story...
Reprinted courtesy of Jennifer Hahn, Bloomberg

Trend Continues Where Unlicensed Contractors Have No Recourse

July 13, 2026 — David Adelstein - Florida Construction Legal Updates
There’s been a recent trend in Florida case law that has figuratively “killed” unlicensed contractors. Here’s another one. The moral to this trend and case is simple: make sure you have the proper licenses prior to serving as a contractor under Florida law. Trying to be cute, as seemed to be the situation in this case with a creative argument, is not an argument that will carry the day and your resources will be devoted to being creative versus the ultimate merits of the dispute. In Ramindesign, LLC v. Skarzynski, 2026 WL 1649571 (S.D.Fla. 2026) an owner of real property hired a company to design and construct a spec home on the property. The company and its owner were NOT licensed contractors. The contract stated the company was serving as a “spec developer” and referred to it as the contractor throughout the contract. Other than this, the contract was set up as a cost plus a fee. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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

Lost in Translation: AEC Tech’s Missing Role

May 12, 2026 — Aarni Heiskanen - AEC Business
I once visited a construction site where the contractor’s headquarters had commissioned a tech company to build an on-site quality-inspection application. The developer had admitted to the site engineer that they had never set foot on a construction site before. The engineer showed me what he was actually using: his own phone camera and an Excel sheet. The new app did not map to how work actually happened on site. This is not an isolated story. The vendor builds something technically coherent but operationally disconnected. The client, somewhere up the chain, had fallen in love with the idea of the solution before anyone had built an honest business case for it. The result is a tool that gets demonstrated at a board meeting but isn’t used in the field. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Judge's Order Halts Google Data Center Project in Minnesota

July 27, 2026 — Annemarie Mannion - Engineering News-Record
Construction of a $1-billion Google data center planned by Ryan Cos. on 485 acres in southeastern Minnesota was expected to start in July but is now halted under a judge’s order. Read the full story...
Reprinted courtesy of Annemarie Mannion, Engineering News-Record
Ms. Mannion may be contacted at manniona@enr.com

Suit Against Broker Untimely Filed

November 09, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The insured’s suit against the broker alleging insufficient coverage was dismissed as untimely. Elite Rental Properties, LLC, et al. v. Nautilus Ins. Co., et al., 2026 La. App. LEXIS 1704 (Aug. 26, 2026). Elite retained Southern General Agency (SGA) and The Lincoln Agency, LLC to procure insurance coverage for multiple properties. SGA/Lincoln obtained a property insurance policy from Nautilus. The property had two structures, a single-family home and a rear structure, which contained a small apartment. Elite claimed that it understood the policy to cover both structures. On September 9, 2022, a fire caused catastrophic damage to the rear structure and exterior damage to the primary structure. Nautilus denied payment for the rear structure, claiming it was not covered in the policy. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Beyond the Forecast: Managing Extreme Weather Risks on Construction Sites

November 02, 2026 — Jordan Graustark - Construction Executive
Construction leaders would never downplay or dismiss a fall, struck-by incident or equipment failure as “just part of the job.” Yet, some temperature-related conditions, such as heat exhaustion, frostbite and hypothermia, are often accepted as unavoidable consequences of working conditions. Temperature-related incidents likely won’t command the same attention as a crane collapse, but understating their seriousness can be a costly mistake. As extreme weather becomes more frequent and unpredictable, that mindset is becoming increasingly difficult to defend. Extreme weather is not simply a seasonal inconvenience; it’s a serious occupational hazard. Heat waves, cold snaps and rapid temperature swings can contribute to serious injuries and fatalities—or SIFs—productivity losses and costly project disruptions. A single temperature-related incident can quickly become an OSHA recordable and project management challenge. Reduced physical and impaired cognitive performance from heat or cold stress can increase the risk of workplace incidents long before a medical emergency occurs. Reprinted courtesy of Jordan Graustark, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

BROOKINGS SOUTH DAKOTA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES