Barker Texas Construction Expert Witness Directory

Congratulations to BWB&O’s Orange County Team for Securing a Strong MSJ Result in a Residential Gas Explosion Matter!

May 14, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Huge Congratulations to Partner Kevin Wheeler and Associate Lindsey Wells for securing a strong result on a Motion for Summary Judgment / Summary Adjudication filed on behalf of their client, the City of Murrieta. This was a complex, multi-party matter arising from a residential gas leak and explosion, where Plaintiffs alleged the City and MFPD failed to properly respond to the incident. After multiple complaints were consolidated and extensive defense work narrowed the case, eighteen plaintiffs remained asserting five causes of action against the City, prompting a comprehensive MSJ/MSA targeting liability, causation, and damages. The Court’s ruling reflects a significant win, particularly on the immunity framework. The Court eliminated the core negligence and assumed-duty claims arising from fire protection and emergency response activities. It further disposed of the misrepresentation and public nuisance claims. At the end of the day, three plaintiffs were dismissed entirely for failure to comply with Government Claims Act requirements, further reducing the scope of the case. While the dangerous condition claim remains, it does so in a very limited posture. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

Bad Faith Claim Survives Summary Judgment

June 08, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court denied the insurer’s motion for partial summary judgment on the insured’s bad faith claim, but granted the motion on the insured’s claim for punitive damages. Serbian Orthodox Church v. Brotherhood Mut. Ins. Co., 2026 U.S. Dist. LEXIS 58234 (S.D. Cal. March 19, 2026). On February 1, 2023, the Church filed a claim for water damage with Brotherhood Mutual Insurance Company (BMIC). The claim was based on rain and wind that caused extensive water intrusion into the Sanctuary, damaging its plaster walls and ceilings and fresco paintings. The claim was assigned to Patrick Hurley. Hurley sent a letter discussing potential bars to coverage and requesting further information and documents from the Church. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Congratulations to Gianna Liddy on Her Promotion to Partner

September 21, 2026 — Dolores Montoya - Bremer Whyte Brown & O’Meara, LLP
Bremer Whyte Brown & O’Meara, LLP is proud to announce that Gianna Liddy has been promoted to partner. Gianna’s dedication, leadership, and exceptional contributions to the firm have earned her this well-deserved recognition. Please join us in congratulating her on this exciting achievement! Meet Gianna Liddy! Gianna has been with BWB&O since 2019 and has been practicing law since 2017. Her practice focuses on complex civil defense litigation, including high-exposure personal injury, premises liability, transportation, construction defect, habitability, and general liability matters. As a Supervising Attorney in the firm’s Encinitas office, she oversees a team of attorneys, collaborates closely with clients and insurance professionals, and develops litigation strategy in complex matters. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O’Meara, LLP

Mark Cronenwett Obtains Appellate Ruling Vacating Default Judgment Against Mortgage Lender Client

October 12, 2026 — Lewis Brisbois
Dallas Partner Mark Cronenwett recently secured a decision from the Dallas Court of Appeals that vacated a default judgment against his mortgage lender client, on the grounds that the client was never properly served with the complaint. In prior litigation, a real property investor purchased a Texas residential property for pennies on the dollar at an HOA foreclosure sale. That investor then filed a frivolous lawsuit against Lewis Brisbois' mortgage-lender client to invalidate its lien, contending that mortgage lender had abandoned the debt because it failed to respond to the investor’s alleged requests for information about the amounts owed on the loan. Read the full story...
Reprinted courtesy of Lewis Brisbois

Differing Site Conditions Claim Requires a Misrepresentation

May 14, 2026 — David Adelstein - Florida Construction Legal Updates
If you are entertaining a differing site conditions claim, consider this Third District Court of Appeals case from the mid-90s. In Hendry Corp. v. Metropolitan Dade County, 648 So.2d 140 (Fla. 3d DCA 1995), a contractor was hired by Dade County to demolish the old Rickenbacker Causeway in Miami. The original 1941 plans of the causeway were made available to contractors. The lowest bidding contractor that was awarded the project based its bid “on its conclusion that the pilings supporting the old bridge were made of concrete.” Hendry, supra at 141. The contractor based this conclusion on the original plans, its visual observation, and experience. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Dotted Line: How Construction Is Dealing with Cybersecurity in the Age of AI

October 12, 2026 — Richard R. Volack - Peckar & Abramson, PC
Richard R. Volack, Partner in P&A’s New York office and Chair of the firm’s Cyber Security & Data Privacy practice, was recently quoted in “Dotted Line: How Construction Is Dealing with Cybersecurity in the Age of AI,” an article written by Construction Dive. The article examines how contractors’ increasing reliance on interconnected technologies and AI can make cyberattacks more sophisticated. It discusses the heightened risks for government contractors and smaller subcontractors, including the potential exposure of sensitive project information, personal data, and financial records. It also explores practical measures contractors can take to mitigate these risks, such as strengthening contractual protections, conducting penetration testing, obtaining appropriate cyber insurance, implementing multifactor authentication, and providing employees with regular cybersecurity training. Read the full story...
Reprinted courtesy of Richard R. Volack, Peckar & Abramson, PC
Mr. Volack may be contacted at rvolack@pecklaw.com

Presumption of Prejudice Applies to All Affirmative Defenses Regarding Insured’s Failure to Comply with Post-Loss Policy Conditions

June 23, 2026 — David Adelstein - Florida Construction Legal Updates
n a recent property insurance coverage dispute, an issue on appeal pertained to the “prejudice” jury instruction associated with the insured’s failure to comply with post-loss policy conditions. The trial court found that the prejudice only pertained to prompt notice and not other post-loss policy conditions. This was reversed on appeal as prejudice applied to ALL the post loss policy conditions that the insured failed to comply with, not just the prompt notice requirement. The prejudice presumption applies to all affirmative defenses regarding an insured’s failure to comply with post-loss policy conditions. Consider this discussion when dealing with an insurer raising prejudice as an affirmative defense to do an insured’s failure to comply with post-loss policy conditions, and the associated burdens of proof: On appeal, [the insurer] contends the trial court erred by instructing the jury that the presumption of prejudice was inapplicable to all of its post-loss obligation defenses except prompt notice. We agree. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

When Projects Go Off Schedule: Navigating Construction Delays and Disputes

October 20, 2026 — Shay Kulkarni - Peckar & Abramson, P.C.
Shay Kulkarni, Partner in P&A’s San Diego office, was recently featured on Racho Mesa Insurance Services’ StudioOne™ Safety and Risk Management Podcast Network, in an episode titled, “When Projects Go Off Schedule: Navigating Construction Delays and Disputes.” During the episode, Shay joins Josh Hill, Surety Account Executive at Rancho Mesa, to discuss the best practices for navigating delays, disruptions, and disputes that arise during construction projects. The conversation explores how careful contract review, thorough project documentation, timely notice, and proactive risk management can help contractors safeguard their rights and more effectively address potential conflicts. Read the full story...
Reprinted courtesy of Shay Kulkarni, Peckar & Abramson, P.C.
Mr. Kulkarni may be contacted at skulkarni@pecklaw.com

BARKER TEXAS CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES