BILLINGS OKLAHOMA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Congratulations to BWB&O’s 2026 Super Lawyers and Rising Stars Honorees!

February 23, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is proud to announce that Partners Nicole Whyte, Keith Bremer, John Toohey, and Tyler Offenhauser have been named to the 2026 Southern California Super Lawyers list. Notably, Nicole Whyte was also selected to the Top 50 Orange County Super Lawyers list, an honor reflecting her outstanding work, leadership, and impact in the legal community. Partners Kyle Riddles and Courtney Serrato, along with Associate Kevin Moore, were also recognized as 2026 Southern California Super Lawyers Rising Stars. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

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Builders Oppose Senate Housing Bill Over Investor Ban Provision

March 24, 2026 — Katy O'Donnell - Bloomberg
A powerful group representing the nation’s home builders is coming out against the most significant housing legislation in more than a decade over a provision negotiated by the White House that would restrict institutional investors from purchasing single-family homes. The builders’ objection could imperil the bill’s chances of becoming law, even as leaders of both parties are desperate to show they are doing something to alleviate voters’ cost-of-living concerns. The Senate voted 90-8 to clear a procedural hurdle for the bill on Wednesday, with a vote on final passage expected early next week. The inclusion of the investor ban in a broader housing bill was key to getting the White House on board, Senate Banking Committee Chairman Tim Scott, a Republican from South Carolina, told reporters Tuesday. Read the full story...
Reprinted courtesy of Katy O'Donnell, Bloomberg

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End of an (Endangerment) Era

February 23, 2026 — Sukhmani K. Singh, Christopher P. Colyer & Sean M. Sherlock - Snell & Wilmer
On February 12, 2026, the U.S. Environmental Protection Agency (EPA) announced the repeal of the 2009 Greenhouse Gas (GHG) Endangerment Finding and the elimination of all federal GHG emission standards for motor vehicles and engines.1 The EPA characterized the action as the “single largest deregulatory action in U.S. history.”2 This development marks a fundamental shift in federal climate policy under the Clean Air Act (CAA) and is expected to trigger immediate and extensive litigation. In Massachusetts v. EPA, the U.S. Supreme Court held that GHGs qualify as “air pollutants” under the CAA and that the EPA must determine whether emissions from new motor vehicles cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare under CAA Section 202(a).3 Following this decision, on December 7, 2009, the EPA issued two findings. First, the EPA classified six different GHGs as threatening public health and welfare. Second, the EPA determined that emissions from new motor vehicles contribute to that endangerment.4 Although the findings themselves imposed no direct regulatory requirements, they served as the legal predicate for GHG emission standards for light-duty and heavy-duty vehicles, and later for other CAA programs affecting statutory sources. In 2012, the U.S. Circuit Court of Appeals for the District of Columbia upheld the Endangerment Finding and related regulations.5 Reprinted courtesy of Sukhmani K. Singh, Snell & Wilmer, Christopher P. Colyer, Snell & Wilmer and Sean M. Sherlock, Snell & Wilmer Ms. Singh may be contacted at ssingh@swlaw.com Mr. Colyer may be contacted at ccolyer@swlaw.com Mr. Sherlock may be contacted at ssherlock@swlaw.com Read the full story...

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Identifying Unfair Clauses in Construction Contracts

February 17, 2026 — Curtis W. Martin - Peckar & Abramson, P.C.
In 1979, virtually all projects were completed under form contracts. As I started practicing construction law, it seemed that most form contracts were generally fair. They were negotiated by industry groups and over the next 10-20 years they appeared to become fairer. We could and did compare provisions in the AIA documents, the Federal contract forms, and the EJCDC agreements. When we did, we found subtle differences, but broad similarities in their approach to contract risk allocation. Today many (most?) private projects are done with “manuscript” contracts – instruments tailored to the owner’s interests. And many public entities have developed their own contracts. And not all those clauses seem so fair. This month I focus on contract clauses that I consider unfair. And while unfairness, like beauty, may be in the eye of the beholder, I think that the clauses described below aptly fit that descriptor. Read the full story...
Reprinted courtesy of Curtis W. Martin, Peckar & Abramson, P.C.
Mr. Martin may be contacted at cmartin@pecklaw.com

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White House Explores Opening Antitrust Probe on Homebuilders

February 10, 2026 — Patrick Clark & Leah Nylen - Bloomberg
Trump administration officials are exploring opening an antitrust investigation into US homebuilders as the White House sharpens its focus on tackling the country’s housing affordability crisis. The Department of Justice could open the probe in the coming weeks, according to people familiar with the discussions. No decision has been made and the administration may abandon the effort without launching an investigation, the people said, asking not to be identified discussing non-public information. Reprinted courtesy of Patrick Clark, Bloomberg and Leah Nylen, Bloomberg Read the full story...

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Quanta Asks Judge to Block Award of $400M Long Island, NY Grid Contract to PSEG

October 21, 2025 — Bryan Gottlieb - Engineering News-Record
Power contractor giant Quanta Services seeks to convince a a Nassau County, N.Y., court to block the Long Island Power Authority from awarding a grid management contract it sought to its rival, incumbent PSEG Long Island, after utility trustees approved on Sept. 25 a five-year extension worth nearly $400 million. The new contract was set to take effect on Jan. 1. 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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HHMR: A Retrospective — Chapter One (2001–2025)

January 26, 2026 — David McLain - Colorado Construction Litigation Blog
There comes a point in every career when you stop long enough to look back, not out of nostalgia, but out of clarity. You begin to see the arc, the accidents, the grace, and the moments when others carried more of the burden than you realized at the time. For me, that moment came recently, somewhere between the twenty-fifth year of practicing construction litigation and the rewriting of our firm’s operating agreement. I found myself asking a question I should have asked long ago: What are we building, and will it last? The truth is that we at HHMR do not build anything. Our clients do. They are the ones building Colorado, from single-family homes and multifamily developments to commercial, industrial, and infrastructure projects, navigating every constraint, hurdle, and barrier this state presents to them. They are the me
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Newmeyer Dillion Attorneys Named to 2020 Southern California Rising Stars List

Presidential Memorandum Promotes Reliable Supply and Delivery of Water in the West

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Newmeyer Dillion Named One of "The Best Places To Work In Orange County" by Orange County Business Journal
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Haight Attorneys Selected to 2018 Southern California Rising Stars List

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Construction Defect Claim Survives Insurer's Summary Judgment Motion Due to Lack of Evidence

Virtual Jury Trials of Construction Disputes: The Necessary Union of Both Sides of the Brain

Emerging Trends in Shortened Statutes of Limitations and Statutes of Repose

Goldman Veteran Said to Buy Mortgages After Big Short

The Comcast Project is Not Likely to Be Shut Down Too Long

Tort Claims Against an Alter Ego May Be Considered an Action “On a Contract” for the Purposes of an Attorneys’ Fees Award under California Civil Code section 1717

The Nightmare Scenario for Florida’s Coastal Homeowners

Construction Suit Ends with Just an Apology

Wendel Rosen Construction Attorneys Recognized by Super Lawyers

Construction Law Client Advisory: What The Recent Beacon Decision Means For Developers And General Contractors

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

Not Remotely Law as Usual: Don’t Settle for Delays – Settle at Remote Mediation

Liquidated Damages Clause Not Enforced

Real Estate & Construction News Roundup (06/28/23) – Combating Homelessness, U.S. Public Transportation Costs and the Future of Commercial Real Estate

San Francisco OKs Revamped Settling Millennium Tower Fix

Surviving a Tornado – How to Navigate Insurance Claims in the Wake of the Recent Connecticut Storm

“The Myth of Sisyphus”

Virginia Chinese Drywall “property damage” caused by an “occurrence” and number of “occurrences”

Kiewit Selected for Rebuild of Collapsed Baltimore Bridge

Collaborating or Competing with Construction Tech Startups

High Court Could Alter Point-Source Discharge Definition in Taking Clean-Water Case

Recent Opinions Clarify Enforceability of Pay-if-Paid Provisions in Construction Contracts

Traub Lieberman Partner Adam Joffe Named to 2022 Emerging Lawyers List

New Jersey Court Adopts Continuous Trigger for Construction Defect Claims

Construction Litigation Roundup: “Just Hanging Around”

California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different, Special Even

Tokyo Building Flaws May Open Pandora's Box for Asahi Kasei

Grad Student Sues UC Santa Cruz over Mold in Residence

Torrey Pines Court Receives Funding for Renovation

Summary Judgment in Favor of General Contractor Under Privette Doctrine Overturned: Lessons Learned

Third Circuit Limits Pennsylvania’s Kvaerner Decision; Unexpected and Unintended Injury May Constitute an “Occurrence” Under Pennsylvania Law

Up in Smoke - 5th Circuit Finds No Coverage for Hydrochloric Acid Spill Based on Pollution Exclusion

Denver Parking Garage Roof Collapses Crushing Vehicles

You Need to be a Contractor for Workers’ Compensation Immunity to Apply

The Biggest Trials Coming to Courts Around the World in 2021

Ambitious Building Plans in Boston

Builder Must Respond To Homeowner’s Notice Of Claim Within 14 Days Even If Construction Defect Claim Is Not Alleged With The “Reasonable Detail”

Contractors: Revisit your Force Majeure Provisions to Account for Hurricanes

After 60 Years, I-95 Is Complete

Remembering Joseph H. Foster

You're Doing Construction in Russia, Now What?

No Duty to Defend Under Renter's Policy

California Appellate Court Holds “Minimal Causal Connection” Satisfies Causation Requirement in All Risk Policies

Corps Releases Final Report on $29B Texas Gulf Coast Hurricane Defense Plan

Yet ANOTHER Reminder to Always Respond

Florida “get to” costs do not constitute damages because of “property damage”

School Blown Down by Wind Still Set to Open on Schedule

Is it the End of the Lease-Leaseback Shootouts? Maybe.

Homeowners Should Beware, Warn Home Builders

Sometimes You Get Away with Unwritten Contracts. . .
r />Distressed Home Sales Shrinking

Revised Federal Rule Regarding Class-Wide Settlements

Bidders Shortlisted as Oroville Dam Work Schedule is Set

Lockton Expands Construction and Design Team

New York Bars Developers from Selling Condos due to CD Fraud Case

Sinking Buildings on the Rise?

Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work

School District Client Advisory: Civility is not an Option, It is a Duty

Celebrating BWB&O’s 28 Years of Service!