PLUMMER IDAHO CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

What Is the Independent Tort Doctrine? New Case Explains…

August 24, 2026 — David Adelstein - Florida Construction Legal Updates
Florida’s Sixth District Court of Appeals in Atout v. HHM Land Trust Dated October 29, 2013, 51 Fla.L.Weekly D1569a (Fla. 6th DCA 2026) recently included an extensive discussion on Florida’s independent tort doctrine. The independent tort doctrine is an important legal doctrine, particularly when parties are in contractual privity. This doctrine stands for the proposition that tort claims must be independent of any breach of contract. See Atout, supra. The Sixth District’s extensive discussion analyzed the indicators to determine this “independence,” which may arise from the source of the duty, the asserted conduct, the damages sought, or even public policy: Unlike claims that rely on contractual relationships, an “independent” tort is often characterized by a duty imposed by law rather than by agreement. As to this consideration, United States District Court Judge Steven Merryday has explained that the independent tort doctrine honors the same divide as the economic loss rule, but rather than looking at the nature of the loss, it focuses on the source of the duty allegedly breached. “If a contract imposes a duty, and the defendant breaches that duty, the plaintiff must sue for breach of contract. If society imposes the duty, the plaintiff must sue in tort.” Following this reasoning, courts should consider whether the alleged breach of a duty in tort coincides or overlaps with a duty imposed by a contract. If the duty at issue is within the scope of a contract, and the relationship of the parties that led to the creation of that duty stems from a contract, then that duty’s source is from contract and any alleged tort claims based on a breach of those duties may not be “independent.” Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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From Dark Data to Building Intelligence

July 13, 2026 — Aarni Heiskanen - AEC Business
In this episode, I talk with Mark Sorsa-Leslie, founder and CEO of Auttaa AI, whose team just won first place in Luotea’s inaugural hackathon in Helsinki for turning property maintenance from reactive firefighting into proactive forecasting with AI. Mark is a chartered surveyor with 30 years of real estate data experience, previously the founder of the UK sensor company Beringar. We discuss why so much building data stays dark and siloed, from outdated networking technology to the shortage of people who understand both engineering and property. Mark explains how Auttaa bridges real-time building data with large language models, using what he calls an “influence graph” to surface correlations and causation across previously disconnected systems, such as linking occupancy patterns to CO2 readings to diagnose ventilation problems in minutes rather than days. 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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Fight for Your Right: Effects of FAR Final Rule on Construction

October 12, 2026 — Michael Altman - Construction Executive
Since the Federal Acquisition Regulation final rule Use of Project Labor Agreements for Federal Construction Projects took effect, contractors seeking to compete for federal projects of $35 million or more must “negotiate or become a party to a project labor agreement with one or more labor organizations.” While this requirement significantly reduces competition for covered procurements, contractors may seek to restore competition on individual solicitations by filing a bid protest with the U.S. Court of Federal Claims. Bid protests through the COFC become possible once a federal agency posts a solicitation that includes contract provisions mandating a PLA. (In some cases, a presolicitation notice that a PLA mandate will be applied may be sufficient.) Reprinted courtesy of Michael Altman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
Mr. Altman may be contacted at altman@abc.org

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Fatalities Edge Down: New Data Reveals a Promising Decline

April 27, 2026 — Construction Executive
Construction fatalities in the United States declined slightly in 2024, according to new data released from the U.S. Bureau of Labor Statistics. The sector recorded just over 1,000 worker deaths last year—a modest decrease from the previous year but still among the highest totals of any industry. Falls remained the leading cause of death, accounting for roughly one-third of all construction fatalities. Transportation incidents—including workers struck by vehicles or equipment—ranked second, followed by contact with objects or equipment and electrocutions. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Sausage-Making Often Relies on the Good Sense of the Chef Rather than the Recipe

June 23, 2026 — Garret D. Murai - California Construction Law Blog
Even for lawyers, the rules governing litigation can get complex and convoluted. Does something need to be filed? What needs to be filed? When is the deadline for filing? Simple questions with not always with straightforward answers. This was the case in R & J Sheet Metal, Inc. v. W.E. O’Neil Construction Co. of California, 111 Cal.App.5th 878 (2025), which involved sheet metal panels lost when they fell into the Port of Long Beach harbor. Read the full story...
Reprinted courtesy of Garret D. Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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The Construction Defect Litigation Podcast: Navigating Multi-Party Construction Defect Litigation

September 08, 2026 — Ivette Kincaid & Thomas McCarrick - Kahana Feld
Kahana Feld Construction Defect Practice Group Chair Ivette Kincaid and attorney Thomas McCarrick recently joined the Construction Defect Litigation podcast to discuss the challenges—and strategies—behind complex construction defect matters involving multiple stakeholders. Drawing on their experience, Ivette and Thomas explore practical approaches to:

• Identifying key parties and understanding how claims and crossclaims develop
• Working with experts to evaluate defects, causation and damages
• Managing procedural challenges, including scheduling, document management and depositions
• Applying thoughtful case management strategies to position complex matters for successful resolution

Reprinted courtesy of Ivette Kincaid, Kahana Feld and Thomas McCarrick, Kahana Feld Ms. Kincaid may be contacted at ikincaid@kahanafeld.com Mr. McCarrick may be contacted at tmccarrick@kahanafeld.com Read the full story...

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Defend Now, Allocate Later? An Unresolved Tension in Colorado Construction Law

August 16, 2026 — David McLain - Colorado Construction Litigation Blog
For decades, Colorado law has recognized an important distinction between the duty to defend and the duty to indemnify. The former ordinarily arises at the beginning of litigation; the latter generally cannot be determined until the underlying liability is known. That distinction makes intuitive sense. A defense that becomes due only after litigation concludes is not much of a defense. But Colorado’s construction anti-indemnity statute, C.R.S. § 13-21-111.5(6), raises an interesting question about how that familiar rule operates in construction disputes. The statute expressly regulates contractual obligations not only to indemnify, but also to insure and defend, and it reflects a legislative policy that construction businesses should bear financial responsibility for their own negligence. Those principles have developed along separate tracks. At some point, a Colorado appellate court may have to decide precisely how they fit together. 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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The Grenfell & Champlain Towers: Risk Management Considerations in the Wake of Catastrophic Loss — A UK/US Comparison

June 02, 2026 — Eric M. Clarkson - Saxe Doernberger & Vita, P.C.
1. Introduction As part of the multinational collaborative relationship between Saxe Doernberger & Vita, P.C. and Fenchurch Law, we continually find ourselves in conversations about the sometimes subtle but sometimes drastic differences between risk management and coverage considerations from one country to the next. These differences are often highlighted by the fallout from large catastrophic losses that are widely publicized and illuminate sometimes widespread risks and perils that many others may be facing in the coming years. The response of governments and their subdivisions to the needs of victims and/or commercial parties, and insurance markets’ evaluation of and reactions to catastrophic losses vary widely from country to country and jurisdiction. In this article, we discuss these responses and reactions in the cases of the Grenfell Tower Fire in London, England, and the Champlain Tower collapse in Surfside, Florida, within the United States. These two widely publicized losses involved different risk management and insurance considerations based on where they occurred. They also saw substantially different government responses and raised varied questions about what the next steps are for their respective commercial and insurance markets. Read the full story...
Reprinted courtesy of Eric M. Clarkson, Saxe Doernberger & Vita, P.C.
Mr. Clarkson may be contacted at EClarkson@sdvlaw.com

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