NEW WAVERLY TEXAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Integration Can Inoculate in Utah

July 20, 2026 — Mark O. Morris - Snell & Wilmer
The Utah Court of Appeals recently reaffirmed, in the construction context, Utah’s strict approach to enforcing integration clauses to preclude parol evidence and other legal theories that would vary the written terms of a contract. In Reid v. All Surface LC, 2025 UT App 134, decided last September, the court affirmed in all respects the trial court’s grant of summary judgment based on the strength of an integration clause against a homeowner who sued a contractor for breach of contract, breach of the covenant of good faith and fair dealing, fraud, negligent misrepresentation, civil conspiracy, negligence, and breach of the implied warranty of habitability. More recently, however, the same court rejected those same arguments in Tidwell v. Jensen, 2026 UT App 13 as to tort claims arising from a used car sale. The facts in Reid were sympathetic to the plaintiff. After being told she had a mold issue near a defective basement shower, the plaintiff solicited bids. A remediation contractor advised that while it could address the mold, the shower replacement should be handled by someone else. The plaintiff contacted All Surface LC, a shower replacement contractor. During an interview, the sales representative stated that All Surface could “do full mold remediation, tear everything out, and reframe the shower.” The plaintiff ultimately retained All Surface, expecting it would both resolve the mold issues and replace the shower. Read the full story...
Reprinted courtesy of Mark O. Morris, Snell & Wilmer
Mr. Morris may be contacted at mmorris@swlaw.com

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Structural Engineer Claims Reinforcement Was Never Installed on Troubled NYC Tower

September 01, 2026 — Bryan Gottlieb - Engineering News-Record
New York City has expanded its investigation into the structural failure at the former Pfizer headquarters tower in Midtown Manhattan as the Dept. of Investigation confirmed a parallel inquiry and the Dept. of Buildings directed the property owner to retain third-party engineering oversight. 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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Los Angeles Times Ranks Lewis Brisbois Third Largest Firm in LA County, Largest for Litigation

June 08, 2026 — Lewis Brisbois
The Los Angeles Times has ranked Lewis Brisbois the third largest firm in LA County by attorney headcount, and first for number of litigation attorneys. Lewis Brisbois, whose Los Angeles office is led by Co-Managing Partners Jana I. Lubert and Kathleen Walker, has 273 attorneys working in LA County, including 167 partners. The firm ranked No. 1 for Litigation in the county, with 206 attorneys under the leadership of Partner Craig Holden. Read the full story...
Reprinted courtesy of Lewis Brisbois

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AI Data Centers Become City-Scale Infrastructure, Prompting New Industry Playbook

August 11, 2026 — Bryan Gottlieb - Engineering News-Record
AI data centers are no longer just buildings. They are increasingly reaching power-demand levels more commonly associated with municipalities, prompting industry groups to launch a new framework they say is needed to keep pace with rapidly changing power, cooling and reliability requirements. 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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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

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Miller Act Payment Bond Claim “No Nos!”

October 06, 2026 — David Adelstein - Florida Construction Legal Updates
A recent federal district court opinion, Sauer Construction, LLC v. United Structures of Georgia, LLC, 2026 WL 2522849 (M.D.Fla. 2026), addressed two worthy considerations when it comes to a Miller Act payment bond claim. And, when I am talking about considerations, I am really talking about “no-nos.” These are things you don’t do. First, don’t file an untimely Miller Act payment bond lawsuit. Make sure, as a claimant, you file that lawsuit within one year from your final furnishing. In this case, the subcontractor claimant did not and tried to argue around the statute of limitations with an equitable tolling argument, i.e., that the statute of limitations should be equitably tolled to accommodate the late filing of the lawsuit. Guess what? The subcontractor was not successful. You are fighting an uphill (losing) battle when arguing equitable tolling because “traditional equitable tolling principles require that the claimant demonstrate extraordinary circumstances, such as fraud, misinformation, or deliberate concealment.” Sauer Construction, supra. This means you need ultra-persuasive evidence to support such equitable tolling principles. Actually, having this evidence is doubtful. Thus, timely file the Miller Act payment bond lawsuit. There is no legitimate reason not to. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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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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Connecticut Expands Construction Wage-Theft Liability and Prevailing Wage Recordkeeping Requirements

June 29, 2026 — Anand Gupta & Guest Contributor - Construction Law Zone
This post was co-authored by Labor + Employment group lawyer Christopher Costain, Hayden Eckblom (Summer Intern), and Pasqualina Fox-Mina (Summer Associate). Hayden and Pasqualina are not admitted to practice law. On May 11, 2026, Connecticut Governor Ned Lamont signed into law Public Act 26-12, a wide-ranging bill centered around employee rights. Our colleagues in Robinson+Cole’s Labor, Employment, Benefits + Immigration group recently published a legal update summarizing the key components of Public Act 26-12. Here, we focus on the Wage Theft and Prevailing Wage concepts in the bill that directly relate to the construction industry. Wage Theft With exceptions for public works and small residential projects, general contractors will be jointly and severally liable for any unpaid wages owed to an employee of a subcontractor of any tier on private construction projects, beginning with contracts entered into on or after January 1, 2027. As we know, there is a separate regime for public works projects involving payment bonds. Read the full story...
Reprinted courtesy of Anand Gupta, Robinson & Cole LLP
Mr. Gupta may be contacted at agupta@rc.com

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