BAKER WEST VIRGINIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

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

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Insurer Granted Summary Judgment on Claim for Roof Damage Caused by Windstorm

May 26, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The insurer successfully moved for summary judgment, eliminating the insured’s claim for roof damage due to windstorm. Mulas v. Westchester Surplus Lines Ins. Co., 2026 U.S. Dist. LEXIS 20537 (Jan. 30, 2026). The insureds’ commercial property sustained windstorm damage during Hurricane Ian. Westchester denied the claim. The insureds believed Westchester wrongfully denied coverage for roof damage and various interior damage to property. The insureds also argued that Westchester’s actual cash value (ACV) payment did not reflect the fully insured loss. The insureds sued and Westchester moved for summary judgment. Westchester argued the roof damage was not covered because Hurricane Ian did not cause the damage. Westchester hired an engineer who determined the roof damage was not caused by wind from Hurricane Ian. Westchester pointed out that the insureds’ expert also found no wind damage on the roof. The insureds offered no other evidence suggesting the hurricane caused roof damage. Therefore, the insureds could not show that Westchester breached the policy by denying coverage. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Voluntary Dismissal of an Indemnity Claim Does Not Make the Subcontractor a “Prevailing Party,” Washington Court of Appeals Holds

September 21, 2026 — Margarita Kutsin - Ahlers Cressman & Sleight PLLC
In King County v. Walsh Construction Company II, LLC, No. 86503-0-I (Wash. Ct. App. Aug. 4, 2025), an unpublished decision from Division I of the Washington Court of Appeals, the Court affirmed the denial of a subcontractor’s request for prevailing-party attorney fees under an indemnity clause after the general contractor voluntarily dismissed its indemnity claims. Because the indemnity claim was no longer live and no determination of fault had occurred, the Court held that the trial court did not err in denying the request. ACS represented Walsh, the general contractor, in securing the denial of the fee request at the trial court that the Court of Appeals affirmed. A Pass-Through Indemnity Claim That Ended Before Fault Was Decided The dispute arose out of a public works contract under which King County hired Walsh Construction Company II, LLC (“Walsh”) to construct and install a conveyance pipeline. After the pipeline broke, King County sued Walsh for breach of contract and warranty, expressly identifying both Walsh and its subcontractor, Mears Group Inc., (“Mears”) as responsible. Walsh tendered defense and indemnity to Mears under the subcontract. Read the full story...
Reprinted courtesy of Margarita Kutsin, Ahlers Cressman & Sleight PLLC
Ms. Kutsin may be contacted at margarita.kutsin@acslawyers.com

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The Goal Is the Repair, Not the Lawsuit: What Colorado HOA Boards Should Consider Before Suing a Builder

September 08, 2026 — Gail Gudder - Colorado Construction Litigation Blog
Fourteen years ago, we cautioned Colorado homeowners associations against a “ready, fire, aim” approach to construction-defect litigation. In The Hidden Dangers of Construction Defect Litigation, we suggested a fairly simple proposition: when legitimate construction defects exist, the goal should be to get them repaired. Litigation should be a last resort, not an end in itself. Much has changed in Colorado construction-defect law since then. But a recent Douglas County case, and significant amendments to the Colorado Common Interest Ownership Act (“CCIOA”) enacted in 2025, provide good reasons for HOA board members and owners to revisit that basic premise. Read the full story...
Reprinted courtesy of Gail Gudder, Higgins, Hopkins, McLain & Roswell, LLC
Ms. Gudder may be contacted at gudder@hhmrlaw.com

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Your AI Tool Could Be Your Next Breach of Contract

October 20, 2026 — Laurie Choi & Christian Fernandez - Snell & Wilmer
Like many industries, the construction industry is rapidly adopting artificial intelligence. AI-powered tools now help construction teams estimate costs, transcribe meetings, summarize RFIs, model schedules, and manage project documents faster than ever before. But amid this rush toward efficiency, a serious risk hides in plain sight: every time project documents are uploaded into a third-party AI tool, contractual confidentiality obligations may be implicated — or outright breached — exposing companies to potentially substantial and uncapped liability. General contractors often face strict confidentiality and nondisclosure obligations, whether under the prime construction contract or a separate NDA. This is especially true for complex projects or those involving proprietary technology — such as data centers, medical or scientific facilities, and energy generation and storage facilities. These confidentiality clauses typically define “confidential information” broadly to encompass all non-public information provided for the project, including plans, specifications, pricing, schedules, RFPs, and even the contract terms themselves. These confidentiality obligations almost always flow down to subcontractors. Reprinted courtesy of Laurie Choi, Snell & Wilmer and Christian Fernandez, Snell & Wilmer Ms. Choi may be contacted at lchoi@swlaw.com Mr. Fernandez may be contacted at cfernandez@swlaw.com Read the full story...

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Executive Insights 2026: Leaders in Construction Law

October 06, 2026 — Construction Executive
What advice would you give contractors regarding documentation and recordkeeping to better protect themselves during disputes? Jim Archibald Partner Bradley Arant Boult Cummings LLP Disputes over payment, scope and delays are among the biggest risks contractors face. Thorough documentation doesn’t just help win these disputes; it may prevent them from happening at all. Start with the contract: Every project should begin with a written agreement that clearly defines scope, schedule, payment terms and change-order procedures. Verbal understandings are difficult to enforce. Track changes in real time: Change orders, change directives, RFIs and scope clarifications should always be documented in writing. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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GRSM Team Obtains Defense Verdict for Homeowners’ Association in Orange County Superior Court

August 11, 2026 — Gordon Rees Scully Mansukhani
A Gordon Rees Scully Mansukhani multi-state team, including Partners Christine Barker, Sean Ferron, and Keith Cramer, obtained a defense verdict on behalf of a homeowners’ association (HOA) in an Orange County Superior Court bench trial spanning two months. The case began in 2022 when a homeowner sued after the Architectural Review Committee and HOA Board of Directors declined his teardown-and-rebuild plans due to view and aesthetic concerns. After a motion for summary judgment ruling in which the court found that the existing covenants, conditions, and restrictions (CC&Rs) did not protect views, the HOA held a special election to add explicit view protections to the CC&Rs. At the February 2025 trial call, the plaintiff sought leave to file a third amended complaint challenging the validity of that vote, drastically reframing the case from CC&R enforcement to one of election validity. A second plaintiff then filed a parallel action toward the end of the limitations period, and the two cases were consolidated. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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One Building, Six Owners, One Defective Stucco System: How Do You Coordinate Repairs?

November 02, 2026 — David McLain - Colorado Construction Litigation Blog
The Problem: Six Homes, One Building Envelope Consider a hypothetical six-unit townhome building in Colorado. Each residence is individually owned. There is no homeowners association responsible for maintaining the building’s exterior, no commonly owned building envelope, and no association empowered to pursue construction defect claims on behalf of all six homeowners. Instead, the development relies on individual ownership, recorded easements, and party wall agreements to govern relationships among neighboring owners. Although the residences are separately owned, they share a continuous exterior stucco system, including interconnected flashing, waterproofing, and architectural transitions. One homeowner discovers water intrusion and retains an expert who identifies defects in the stucco installation. The expert recommends removing and replacing the stucco on the homeowner’s residence. However, because the exterior cladding and waterproofing systems are interconnected, the proposed repair may require work extending beyond the boundaries of that homeowner’s property. 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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