MERKEL TEXAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Congratulations to BWB&O’s 2026 Super Lawyers and Rising Stars Honorees!

February 23, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is proud to announce that Partners Nicole Whyte, Keith Bremer, John Toohey, and Tyler Offenhauser have been named to the 2026 Southern California Super Lawyers list. Notably, Nicole Whyte was also selected to the Top 50 Orange County Super Lawyers list, an honor reflecting her outstanding work, leadership, and impact in the legal community. Partners Kyle Riddles and Courtney Serrato, along with Associate Kevin Moore, were also recognized as 2026 Southern California Super Lawyers Rising Stars. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

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Celebrating 29 Years – Thank You for Your Continued Trust!

April 20, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
For 29 years, Bremer Whyte Brown & O’Meara, LLP has grown alongside the clients and communities we proudly serve. What began as a single office in Orange County has evolved into a multi-state firm with 11 locations across five states. Today, we are proud to be supported by a dedicated team of more than 200 attorneys and over 400 employees who work every day to deliver exceptional service and results. This milestone is not just about where we started; it’s about the people who have helped shape who we are today. Our continued growth reflects the strength of our relationships, the trust of our clients and partners, and the commitment of our team. Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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“He Chose…Poorly: How Bad DSC Clauses Lead to Project Doom in the Last Crusade of Construction Risk”

March 10, 2026 — Curt Martin & Lee Banta - ConsensusDocs
“We do not follow maps to buried treasure, and X never, ever marks the spot.” That’s the advice that Indiana Jones offered in the Last Crusade film. But what’s beneath the surface isn’t just important to adventure archaeologists. It has real-world application to our industry, where success depends on the stability of materials below the surface. The study of geology and soils has ancient roots. Egyptians relied on soil stability for the pyramids; Rome built a continent-wide roadway system utilizing subgrade preparation techniques; Medieval builders implemented a rudimentary foundation pier system; Henri Gautier studied what is now called the “angle of repose” for French retaining walls in the early 18th Century. Through the 19th Century, contractors bore the risk of the stability of their work, and the attendant peril of unforeseen site conditions. But in the early 20th Century, design trades continued to develop increased understanding of soil and underground conditions. In the 1920’s US federal contracts began employing “differing site conditions” clauses, which provided for cost/time adjustments if subsurface conditions differed from expectations. Industry forms followed the federal policy, and these clauses became almost universally accepted. Reprinted courtesy of Curt Martin, Peckar & Abramson, P.C. and Lee Banta, Peckar & Abramson, P.C. Mr. Martin may be contacted at cmartin@pecklaw.com Mr. Banta may be contacted at lbanta@pecklaw.com Read the full story...

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Applying Jury Verdict Method in Quantifying Damages Due to Defective Specifications

March 31, 2026 — David Adelstein - Florida Construction Legal Updates
An older case deals with three important considerations: (1) defective specifications; (2) whether the defective specifications were misleading or misrepresentative; and (3) applying the jury verdict method in quantifying damages. In Metric Construction Co., Inc. v. U.S., 80 Fed. Cl. 178 (Fed. Cl. 2008), a contractor was contracted by the federal government to construct a warehouse. There were defects in the structural steel design specifications underlying the standing seam metal roof installed by the contractor and, as a result, the roof system leaked causing damage. The contractor incurred significant costs in repairing the damage, and pursued recovery of these costs against the government. The contractor claimed the structural steel design serving as the framework for the metal roof was defective and misleading and caused the leaks. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Traub Lieberman Partner Jessica Kull Obtains Favorable Arbitration Award In Year-Long High-Stakes Construction Defect Case

November 09, 2025 — Jessica N. Kull - Traub Lieberman
Traub Lieberman Partner Jessica Kull and the Traub Lieberman litigation team obtained an extremely favorable outcome in a highly contentious construction defect arbitration hearing on behalf of their client, a well-known general contractor, LG Construction Group LLC (“LG”). The litigation lasted a total of 6 years, with the arbitration evidentiary hearing portion continuing for 12 months. In 2019, the Claimant, a wealthy homeowner, filed an arbitration demand against both LG and the luxury brand architecture firm that she hired to construct a multi-million-dollar lakefront home in Wilmette, Illinois. The Claimant alleged construction defects totaling approximately $13 million in damages. Her claims included alleged defects to the exterior and interior of the home. In turn, Jessica filed third-party claims against approximately 20 subcontractors involved in performing the work. Read the full story...
Reprinted courtesy of Jessica N. Kull, Traub Lieberman
Ms. Kull may be contacted at jkull@tlsslaw.com

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Brian Newberry Accepted into ABOTA

November 18, 2025 — Lewis Brisbois Newsroom
Providence, RI (October 13, 2025) - Lewis Brisbois is pleased to announce that Providence Partner Brian C. Newberry was recently accepted as a new member of the Rhode Island Chapter of the American Board of Trial Advocates (ABOTA) during the organization’s National Board Meeting in Austin, Texas on October 4, 2025. In discussing his acceptance into the organization, Mr. Newberry noted, “It’s an honor to be accepted into ABOTA. Jury trials lie at the heart of the legal system and while our first priority as lawyers is to resolve disputes as economically and efficiently as possible for our clients, part of that pursuit depends on always being ready to present a case to a jury and it is critically important for both our clients and opposing counsel to know we stand at the top of the profession in that regard.” Providence Managing Partner Lauren Motola-Davis stated, “ABOTA sets one of the profession’s highest bars for trial excellence and civility. Brian Newberry not only meets that standard - he exemplifies it. We’re thrilled for him and for ABOTA’s Rhode Island Chapter, and we know he’ll continue to strengthen Lewis Brisbois’ National Trial Practice.” Read the full story...
Reprinted courtesy of Lewis Brisbois

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Identifying Unfair Clauses in Construction Contracts

February 17, 2026 — Curtis W. Martin - Peckar & Abramson, P.C.
In 1979, virtually all projects were completed under form contracts. As I started practicing construction law, it seemed that most form contracts were generally fair. They were negotiated by industry groups and over the next 10-20 years they appeared to become fairer. We could and did compare provisions in the AIA documents, the Federal contract forms, and the EJCDC agreements. When we did, we found subtle differences, but broad similarities in their approach to contract risk allocation. Today many (most?) private projects are done with “manuscript” contracts – instruments tailored to the owner’s interests. And many public entities have developed their own contracts. And not all those clauses seem so fair. This month I focus on contract clauses that I consider unfair. And while unfairness, like beauty, may be in the eye of the beholder, I think that the clauses described below aptly fit that descriptor. Read the full story...
Reprinted courtesy of Curtis W. Martin, Peckar & Abramson, P.C.
Mr. Martin may be contacted at cmartin@pecklaw.com

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Deck Built, Towers Stalled: $1B Fenway Center Air-Rights Project Hits Turbulence

December 15, 2025 — Bryan Gottlieb - Engineering News-Record
Boston finds itself with a nearly completed, two-acre deck built over the Massachusetts Turnpike without vertical construction rising from it—an uncommon and consequential stall for one of the city’s most complex air-rights undertakings. 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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