MIDWAY TEXAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Surety Requiring Collateral Security Under General Agreement of Indemnity

September 08, 2026 — David Adelstein - Florida Construction Legal Updates
In order to procure bonds (payment and performance bonds), you need to sign a General Agreement of Indemnity (referred to as the “GAI”) with the surety (bonding company). It does not matter the surety issuing the bonds, the terms and conditions in the General Agreement of Indemnity are largely consistent. These terms and conditions are one-sided written in favor of the surety. This is because bonds are not insurance. When a surety issues such bonds, it is doing so under the premise that it will get reimbursed every penny that it incurs relative to its exposure- whether incurred in attorney’s fees, consulting costs, or remediating a default or claim under the applicable bond. The General Agreement of Indemnity is one of the most powerful contracts in construction and is a contract that is not to be taken lightly. It provides the surety numerous rights in the event of a claim. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Rogue AI — Is Your Company Prepared?

September 28, 2026 — Michael S. Levine - Hunton Insurance Recovery Blog
The recent wave of "rogue AI" incidents should be a wake-up call for every business leader and risk manager paying attention. Recent accounts document a sobering reality: AI systems from multiple leading AI developers have each escaped controlled testing environments and caused real-world harm—compromising outside infrastructure, exploiting third-party vulnerabilities, and even canceling another person's reservation to help a user jump a waitlist. These aren't hypotheticals from a sci-fi movie. They happened this summer. Read the full story...
Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth LLP
Mr. Levine may be contacted at mlevine@hunton.com

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Colorado’s New Mechanic’s Lien Law: Bigger Claims, Stronger Protections, and New Risks for Owners and Contractors

October 12, 2026 — David McLain - Colorado Construction Litigation Blog
On April 6, 2026, the same day that the Colorado Supreme Court issued its decision in Ralph L. Wadsworth Construction Company, LLC v. Regional Rail Partners, Governor Jared Polis signed Senate Bill 26-074 into law. The legislation, which took effect on August 12, 2026, clarifies the amounts that may be included in mechanic’s liens and public construction payment claims, as well as the circumstances under which those claims may be considered excessive. While the timing of the Supreme Court’s decision and the Governor’s approval of SB 26-074 is noteworthy, the legislation has implications extending beyond the public works claims addressed in Wadsworth. Most significantly, it expressly addresses disputed and unliquidated amounts, including delay and disruption costs, in mechanic’s liens filed against private construction projects. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

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Understanding the EPA’s Latest Proposed Drinking Water Contaminant Monitoring Rule, Published in Law360

September 01, 2026 — Gordon Rees Scully Mansukhani
The U.S. Environmental Protection Agency’s (EPA) proposed Sixth Unregulated Contaminant Monitoring Rule (UCMR 6) represents another step in the federal government’s ongoing effort to identify and evaluate emerging contaminants in drinking water. The proposal would require certain public water systems to monitor and report on 30 unregulated drinking water contaminants from 2028 through 2030, while generating occurrence data that could inform future regulation and affect environmental, commercial, litigation and risk assessments. In an article published by Law360, Gordon Rees Scully Mansukhani Senior Counsel, Ayodeji Ayolola, analyzes the scope and practical implications of UCMR 6, including the contaminants selected, the proposed monitoring requirements for public water systems, and the EPA’s continued focus on PFAS and related organofluorine compounds. The article also touches upon the potential significance of publicly available monitoring data for businesses and property stakeholders. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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For Urban Walkers, a Patchy Dilemma: Who Owns the Sidewalk?

July 06, 2026 — Linda Poon – Bloomberg
In 2007, New York City’s sanitation department threatened Natalie Shea with a $300 fine for defacing public property with graffiti. Her crime: drawing a blue flower in front of her family’s Park Slope home with sidewalk chalk. She was six years old. The incident, which made local and national news at the time, captures the fraught role that sidewalks often play in US cities. These patches of pavement do more than carry pedestrians to their destinations: They’re also places for commerce, social interaction and childhood play, from chalking to learning how to ride a bike. Urbanist Jane Jacobs once likened the range of activities that city sidewalks attract to an “intricate ballet.” In the new book Sidewalk Nation: The Life and Law of America’s Most Overlooked Resource (Harvard University Press), author Michael Pollack explores the “tangled web of state and local regulation” that governs sidewalks, with cities often passing along responsibilities for tasks like clearing snow and keeping walkways safe. He paints a portrait of the American sidewalk a disorderly and often neglected network, filled with literal and metaphorical cracks that give rise to all sorts of conflict, from mundane clashes over maintenance to more consequential fights over accessibility and inequality. Read the full story...
Reprinted courtesy of Linda Poon, Bloomberg

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GRSM Secures Complete Judgment for Defense in Years-Long Dispute Spanning Multiple Venues

June 22, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani’s Hartford, Connecticut, and Dallas offices recently secured a complete defense judgment and recovery of attorney’s fees and costs in an arbitration on behalf of a longtime client, concluding a dispute that lasted several years and traversed multiple jurisdictions. The dispute initially arose in Texas state court, and almost immediately, the claimant began pursuing the matter aggressively, a pattern that continued until the day judgment was entered in GRSM’s client’s favor. GRSM’s team mounted a strong defense, achieving an early success in compelling mandatory arbitration. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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The Firm Turns 16!

July 20, 2026 — Christopher G. Hill - Construction Law Musings
I have always found it appropriate that my jump to solo practice and Independence Day are so close in time. Today marks the 16th anniversary of my first day as a solo practitioner of construction law at The Law Office of Christopher G. Hill, PC. Time sure has flown by thanks to the great clients and friends who followed me to solo practice and whom I have met since the firm’s founding on July 1, 2010. I also could not have made the transition and had the fun and success I have enjoyed over the past 16 years without the support of the best wife and family that any construction lawyer could want. Since the firm’s last anniversary, my youngest child (who was 7 when this journey began!) has graduated from N. C. State University with a fisheries and wildlife biology degree and is currently in Casper, Wyoming working for Wyoming Game & Fish, my second oldest is an assistant director of admissions at Appalachian State University in Boone, NC, and has celebrated his second wedding anniversary, and my oldest has celebrated her fifth marriage anniversary. Our home in Captiva, Florida continues its recovery from from Hurricane Ian and subsequent hurricanes. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill

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Flatiron Said Disputed Concrete Mix Cost Millions on Large Caltrans Project

June 22, 2026 — Elaine Silver & Richard Korman - Engineering News-Record
For awhile in 2023, part of the California Dept. of Transportation's (Caltrans) Fix 50 HOV lane and resurfacing project in Sacramento itself needed to be fixed. Reprinted courtesy of Elaine Silver, Engineering News-Record and Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story...

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