WARREN IDAHO CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

AI Can Now Train the Soft Skills Construction Ignored

August 03, 2026 — Aarni Heiskanen - AEC Business
Most AEC professionals learn to work in teams and across teams through trial and error. There are, however, opportunities to better prepare for the real world with formal training. Until now, it has required human facilitators. Now, generative AI is emerging as a scalable alternative, which I’m also exploring. A Gap in Curricula When I studied architecture, most of the teamwork happened with co-students in the same department. However, one course focused on industrial projects where future architects and engineers collaborated on a simulated project. I’m not sure if a similar course is still in the curriculum, but it was certainly worthwhile and should have been much more extensive. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

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Insufficient Notice of Commencement and Construction Lien Rights

August 03, 2026 — David Adelstein - Florida Construction Legal Updates
When a party is preserving their construction lien rights, the party will look to the recorded Notice of Commencement. This is the recorded document that provides the lienor with the information for purposes of preserving construction lien rights. A Notice to Owner company will typically rely on the Notice of Commencement to serve Notices to Owners from lower tiers not in contract with the owner. However, when it comes to preparing the lien, a lienor should look beyond just the Notice of Commencement and also look to the property appraiser’s website as a backstop. In a recent case, a window company had the homeowner sign the Notice of Commencement and then filled in the information. The company naturally did this for the convenience of the homeowner that probably was unfamiliar with the Notice of Commencement process. Regardless, information in the Notice of Commencement was inaccurate. It failed to include all the real property owners. Thus, when a payment dispute arose and a construction lien was prepared, it did not identify all of the real property owners. All of the real property owners were added later during the pendency of a lien foreclosure lawsuit. The trial court denied the lien because of the defective / insufficient Notice of Commencement — the lienor assumed the risk of error by filling out the information in the Notice of Commencement. The trial court further denied the lien holding that because the work did not commence within 90 days of the Notice of Commencement, the Notice of Commencement is void. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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GRSM Secures Illinois Appellate Victory for Architectural Firm in Implied Warranty Dispute

May 14, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani Partner Jonathan Federman, Partner Thomas Cronin, and Senior Counsel Garrett Lee recently secured a victory in the Illinois Appellate Court, Fifth District, on behalf of the firm’s client, an architectural firm, in a liability dispute. The case arose following an entity’s purchase of a 111-unit building for use as an investment or rental property. The plaintiff made claims against the architect of the building, alleging that there were design defects that breached an implied warranty, as well as a negligence claim. GRSM argued that an architect could not be liable for implied warranties, particularly for an implied warranty which no Illinois court has ever recognized. GRSM further argued that Illinois law bars an architect from liability for negligence arising from a duty pursuant to contract under the economic loss doctrine. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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$356 Million Judgement Against Developer for Defective Construction of DC Condominium

August 16, 2026 — Nicholas D. Cowie - Cowie Law Group
On July 31, 2026, the Superior Court of the District of Columbia entered a $356,085,513.00 judgment against developers JBG Smith for defective construction and renovation of the Wardman Tower Residential Condominium in Washington, D.C. The case is Wardman Tower Residential Condominium Unit Owners Association v. JBG Smith Properties, et al., No. 2020 CA 004807 B (D.C. Super. Ct.). In a 148-page Trial Order, the D.C. Superior Court awarded $118,695,171.00 in damages in favor of the condominium association and against the condominium developers, including JBG Smith. The Court trebled those damages pursuant to the District of Columbia Consumer Protection Procedures Act (“CPPA”) to reach an ultimate judgment of $356,085,513.00. See Cowie Law Group: DC Condominium Construction Defects: Recovering Attorney’s Fees, Litigation Expenses & Treble Damages Under the Consumer Protection Procedures Act. Cowie Law Group, P.C. filed the lawsuit on behalf of the Association in 2020. The firm represented the Association throughout years of pretrial discovery and ultimately served as trial counsel with Williams & Connolly LLP during a lengthy bench trial before the Honorable Yvonne Williams. The Cowie Law Group team included attorneys, George A. Bealefeld, III, Albert G. McCarraher, Stanford L. Kimmel, III and Nicholas D. Cowie. Read the full story...
Reprinted courtesy of Nicholas D. Cowie, Cowie Law Group
Mr. Cowie may be contacted at ndc@cowielawgroup.com

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Parking Garage Partially Collapses in Dearborn, Mich., Trapping One

March 31, 2026 — Annemarie Mannion - Engineering News-Record
A multi-level parking garage that partially collapsed in Dearborn, Mich., is fenced off and the city has started the legal process allowed under state law to demolish the privately-owned structure due to alleged dangerous conditions. Read the full story...
Reprinted courtesy of Annemarie Mannion, Engineering News-Record
Ms. Mannion may be contacted at manniona@enr.com

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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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UPDATED: No Easy Fix for Potomac River Sewage Spill, Now Estimated at $20M

April 08, 2026 — Jim Parsons & Debra K. Rubin - Engineering News-Record
One month after a collapsed pipeline north of Washington, D.C., spilled about 240 million gallons of raw sewage into the Potomac River and possibly between 300 and 400 million—which could be the largest wastewater spill in U.S. history—efforts are progressing to clear the damaged section and begin repairs despite weather and other impacts. Reprinted courtesy of Jim Parsons, Engineering News-Record and Debra K. Rubin, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion

Wisconsin Supreme Court Holds that Subrogation Waiver Does Not Violate Statute Prohibiting Limitation on Tort Liability in Construction Contracts

California Clarifies Its Inverse Condemnation Standard

New York Converting Unlikely Buildings into Condominiums

Don’t Sign a Contract that Doesn’t Address Covid-19 (Or Pandemics and Epidemics)

Ten-Year Statute Of Repose To Sue For Latent Construction Defects

Social Engineering Scams Are On the Rise – Do I Have Insurance Coverage for That?

The Colorado Construction Defect Reform Act Explained

Revised Federal Rule Regarding Class-Wide Settlements

A Court-Side Seat – Case Law Update (February 2022)

Can Anyone Save Gary, Indiana?

Why You May Not Want a Mandatory Mediation Clause in Your Construction Contract

What Should Business Owners Do If a Customer Won’t Pay

Sales of New U.S. Homes Slump to Lowest Level Since November

Insurer’s “Failure to Cooperate” Defense

Judicial Economy Disfavors Enforcement o
House of Digital Twins

These Pioneers Are Already Living the Green Recovery

Construction Jobs Expected to Rise in Post-Hurricane Rebuilding

Courthouse Reporter Series: The Bizarre Case That Required a 117-Year-Old Expert

Are You a Construction Lienor?

Condo Building Increasing in Washington D.C.

2023 Construction Law Update

Indiana Court of Appeals Rules Against Contractor and Performance Bond Surety on Contractor's Differing Site Conditions Claim

Why Is California Rebuilding in Fire Country? Because You’re Paying for It

Are “Financial Hardship” Damages Recoverable?

Legislative Update on Bills of Note (Updated Post-Adjournment)

Court Addresses When Duty to Defend Ends

Architect, Engineer, and Design Professional Liens in California: A Different Animal than the Mechanics’ Lien

Ensuing Loss Provision Salvages Coverage for Water Damage Claim

New Jersey Imposes New Apprenticeship Training Requirements

New York’s Highest Court Reverses Lower Court Ruling That Imposed Erroneous Timeliness Requirement For Disclaimers of Coverage

Appraisal Goes Forward Even Though Insurer Has Yet to Determine Coverage on Additional Claims

AGC Seeks To Lead Industry in Push for Infrastructure Bill

The Future of Pandemic Coverage for Real Estate Owners and Developers

Toward Increased Citizen Engagement in Urban Planning

Improvements to AIA Contracts?

Congratulations to Walnut Creek Partner Bryan Stofferahn and Associate Jeffrey Schilling for Winning a Motion for Summary Judgment on Behalf of Their Client, a Regional Grocery Store!

Homeowner’s Policy Excludes Coverage for Loss Caused by Chinese Drywall

Inspired by Filipino Design, an Apartment Building Looks Homeward

New York Philharmonic Will Open Geffen Hall Two Years Ahead of Schedule

Traub Lieberman Wins Affirmation of Judgment on Pleadings Before the Seventh Circuit

Federal District Court Addresses Material Misrepresentation in First Party Property Damage Claim

Attorney's Erroneous Conclusion that Limitations Period Had Not Expired Was Not Grounds For Relief Under C.C.P. § 473(b)

PPP Loan Extension Ending Aug. 8

Pennsylvania Superior Court Fires up a Case-By-Case Analysis for Landlord-Tenant, Implied Co-Insured Questions

The Problem with Bunting with Two Strikes

New WOTUS Rule

Committeewoman Requests Refund on Attorney Fees after Failed Legal Efforts

New Law Raises Standard for Defense Experts as to Medical Causation

Court Holds That Self-Insured Retentions Exhaust Vertically And Awards Insured Mandatory Prejudgment Interest in Stringfellow Site Coverage Dispute

Order for Appraisal Affirmed After Insureds Comply with Post-Loss Obligations

Construction Litigation Roundup: “Give a Little Extra …”

One Shot to Get It Right: Navigating the COVID-19 Vaccine in the Workplace

The Brooklyn Condominium That’s Reinventing Outdoor Common Space

Exculpatory Provisions in Business Contracts

Changes to Pennsylvania Mechanic’s Lien Code

Guardrail Maker Defrauded U.S. of $175 Million and Created Hazard, Jury Says

Harmon Tower Demolition on Hold

Craig Holden Named Top 100 Lawyer by Los Angeles Business Journal

Delaware Supreme Court Choice of Law Ruling Vacates a $13.7 Million Verdict Against Travelers

What to do When the Worst Happens: Responding to a Cybersecurity Breach

PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building Conditions

Use It or Lose It: California Court of Appeal Addresses Statutes of Limitations for Latent Construction Defects and Damage to Real Property

Arizona Court of Appeals Decision in $8.475 Million Construction Defect Class Action Suit

BHA Expands Construction Experts Group