ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Navigating Wind and Solar Development Opportunities on State and Private Lands During Uncertain Times for Renewable Energy

February 02, 2026 — Cara M. MacDonald, Robert G. Howard & Andrew Jacobs - Gravel2Gavel Construction & Real Estate Law Blog
Recent executive actions and federal guidance have targeted wind and solar development, creating substantial uncertainty for the U.S. offshore wind industry and also reshaping the regulatory landscape governing onshore wind and solar development. Wind and solar projects on federal lands are now subject to heightened review processes and enhanced regulatory scrutiny. As a result, many developers are considering opportunities on state-owned and privately held lands rather than federal lands. 2025 Federal Executive Actions Impacting Wind and Solar At the federal level, renewable energy development on public lands is governed primarily by the Federal Land Policy and Management Act and administered by the Bureau of Land Management. The agency provides rights of way and leases (in designated leasing areas) for energy project development. Despite significant incentives for renewable energy development under the Biden administration, the Trump administration has deprioritized renewable energy in support of traditional energy sources like oil, gas and coal, as well as nuclear and geothermal energy. Reprinted courtesy of Cara M. MacDonald, Pillsbury, Robert G. Howard, Pillsbury and Andrew Jacobs, Pillsbury Ms. MacDonald may be contacted at cara.macdonald@pillsburylaw.com Mr. Howard may be contacted at robert.howard@pillsburylaw.com Mr. Jacobs may be contacted at andrew.jacobs@pillsburylaw.com Read the full story...

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Insured’s Motion to Compel Production of Underwriting Materials Granted

November 04, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The Supreme Court of New York granted the insured’s motion to compel the production of underwriting materials related to identifying additional insureds. Church of St. Andrew v. Western World Ins. Co., 2025 N.Y. Misc. LEXIS 7018 (N.Y. Sup. Ct. Aug. 5, 2025). The Church of St. Andrew (“church”) retained GC Solutions to perform roofing work at its premises. The church required GC Solutions to name it as an additional insured under its general liability policy. GC Solutions provided a Certificate of Insurance naming the church as an additional insured under the policy issued by Western World. While working on the roof, an employee of GC Solutions fell to his death. A wrongful death action was commenced by the decedent’s estate against the church. The church tendered its defense and indemnification to Western World. Western World disclaimed coverage, asserting that the church did not qualify as an additional insured under the policy. 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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Ninth Circuit Clarifies Viability of Takings Claims Under Arizona’s Unclaimed Property Act

November 09, 2025 — Ed J. Hermes, Jeremy J. Stewart, Benjamin J. Mills & Emily Statham - Snell & Wilmer
In a decision cementing a split with the Tenth Circuit, the Ninth Circuit recently held that property owners’ unclaimed property is not taken in violation of the Fifth Amendment where it is held in trust by the State. See Garza v. Woods, No. 24-1064, 2025 WL 2435221 (9th Cir. Aug. 25, 2025). The district court dismissed plaintiffs’ claims because sovereign immunity barred suit against the Arizona Department of Revenue (“Department”). See Garza v. Woods, No. CV-22-01310-PHX-JJT, 2023 WL 5608414 (D. Ariz. Aug. 30, 2023). The Ninth Circuit reversed this portion of the district court decision and allowed plaintiffs’ takings and due process claims because they plausibly alleged that the Department unconstitutionally seized their property under Arizona’s Unclaimed Property Law (“UPA”). Arizona’s Unclaimed Property Law Arizona’s UPA presumes that certain types of property have been abandoned if unclaimed within a statutory period. See Ariz. Rev. Stat. 44-302(A). Holders of presumably abandoned property must send a written notice to the apparent owner, provide a report to the Department, and ultimately deliver the unclaimed property to the Department. Id. 44-302(E), 44-308(A). Though the Department need not provide actual notice to apparent owners that it is in possession of their property, the UPA requires the Department to operate a website that lists the unclaimed property in its possession. See id. 44-309 (A), 44-309(B). The UPA further requires the Department to deposit all unclaimed money in the state’s general fund. Id. 44-313(A). Reprinted courtesy of Ed J. Hermes, Snell & Wilmer, Jeremy J. Stewart, Snell & Wilmer, Benjamin J. Mills, Snell & Wilmer and Emily Statham, Snell & Wilmer Mr. Hermes may be contacted at ehermes@swlaw.com Mr. Stewart may be contacted at jjstewart@swlaw.com Mr. Mills may be contacted at bemills@swlaw.com Ms. Statham may be contacted at estatham@swlaw.com Read the full story...

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2026 Construction Outlook: Dampening Outlook With Some Potential Bright Spots

February 17, 2026 — Garret Murai - California Construction Law Blog
According to Dodge Construction Network’s Outlook 2026 Ebook, “the construction industry came roaring into 2025” – with large government investments through the Infrastructure Bill and the CHIPS Act (promoting investment in the domestic semiconductor industry), as well as outsized spending on data centers to support cloud and AI technology – but “throttled back significantly” due to “rapid changes to economic and fiscal policies.” These changes include short-term cost impacts due to tariffs and labor impacts due to the federal government’s immigration crackdown and long-term concerns following enactment of the One Big Beautiful Bill (OBBBA) which is anticipated to add $3.4 trillion to the federal deficit over ten years. Read the full story...
Reprinted courtesy of Garret Murai, Nomos
Mr. Murai may be contacted at gmurai@nomosllp.com

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Benchmark Litigation Recognizes Multiple Snell & Wilmer Offices and Attorneys in 2026 Rankings

December 02, 2025 — Snell & Wilmer
PHOENIX - Snell & Wilmer is pleased to announce that Benchmark Litigation, a publication that focuses exclusively on dispute resolution and litigation, has once again recognized multiple Snell & Wilmer offices, as well as eleven of the firm’s attorneys, in its annual U.S. edition rankings issue. Benchmark Litigation is the only publication on the market to focus exclusively on litigation work. Benchmark compiles its results from a culmination of a six-month research period where researchers conduct extensive interviews with litigators and their clients to identify the leading litigators and firms. During these interviews, researchers examine recent casework handled by law firms and ask individual litigators to offer their professional opinions on peers. Firms cannot pay to be recommended for the guide. Read the full story...
Reprinted courtesy of Snell & Wilmer

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Outer Banks Homes Collapsing Is Just a Taste of What’s to Come

December 22, 2025 — Mark Gongloff - Bloomberg
On Sept. 20, 2024, a four-bedroom, three-bathroom beach house in Buxton, North Carolina, in the heart of the Outer Banks, sold for $580,000. On Oct. 28 this year, the house, known as Mermaid’s Rest, collapsed into the ocean. It was one of five homes swallowed that day by high waves churned up by an offshore storm. Few things demonstrate how climate change is already upending lives and fortunes quite like watching somebody’s stately vacation home topple into the drink. But Outer Banks houses like Mermaid’s Rest (a striking example first dug up by the New York Times but just one of many such cases), are mere showroom models for the havoc that rising seas are already threatening. First, let’s get one caveat out of the way: Barrier islands like the Outer Banks are always changing shape, regardless of the climate. Homes built on the shores of such islands have always been at risk of eventually sliding off the edge like a quarter in one of those coin-pusher arcade games. Read the full story...
Reprinted courtesy of Mark Gongloff, Bloomberg

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Arbitration Provision Must Be Incorporated into a Bond for Surety to Elect Arbitration

March 03, 2026 — David Adelstein - Florida Construction Legal Updates
“Sureties cannot exercise unilateral election rights that are reserved for the principal of the underlying contract.” Anderson Service Corp. v. Old Republic Surety Company, 2026 WL 61436, *2 (Fla. 4th DCA 2026). This was the holding in a recent case dealing with arbitration. In this case, a subcontractor entered into a contract with a contractor that gave the contractor the right to elect arbitration in Pennsylvania. A dispute arose and
Three Recent Cases Strike Down Liquidated Damages Clauses In Settlement Agreements…A Trend Or An Aberration?

Automated Weather Insurance Could Offer Help in an Increasingly Hot World

New WOTUS Rule

Deterioration of Bridge Infrastructure Is Increasing Insurance Needs

Quick Note: Unenforceable Language in Arbitration Provision

CGL Policies and the Professional Liabilities Exclusion

Safe Commercial Asbestos-Removal Practices

California Superior Court Overrules Insurer's Demurrer on COVID-19 Claim

ASCE and Accelerator for America Release Map to Showcase Projects from Bipartisan Infrastructure Law

Eighth Circuit Finds that “Ensuing Loss” Clause Does Not Restore Coverage for Faulty Subcontractor Work

Eleventh Circuit’s Noteworthy Discussion on Bad Faith Insurance Claims

Hunton Insurance Head Interviewed Concerning the Benefits and Hidden Dangers of Cyber Insurance

Penn Station’s Revival Gets a $1.6 Billion Down Payment

Can Baltimore Get a Great Bridge?

Another Reminder to ALWAYS Show up for Court

Delaware Supreme Court Allows Shareholders Access to Corporation’s Attorney-Client Privileged Documents

Circuit Court Lacks Appellate Jurisdiction Over O
Texas Supreme Court Rules That Subsequent Purchaser of Home Is Bound by Original Homeowner’s Arbitration Agreement With Builder

Commercial Development Nearly Quadruples in Jacksonville Area

New Jersey Supreme Court Ruled Condo Association Can’t Reset Clock on Construction Defect Claim

Deescalating Hyper Escalation

Claims Against Broker Dismissed

Los Angeles Team Obtains Favorable Verdict for Client in High-Stakes Slip-and-Fall Case

CEO: Power Isn’t the Only Electrical Challenge for AI Data Centers

ASCE Statement on Senate Passage Of Infrastructure Investment and Jobs Act

Intricacies of Business Interruption Claim Considered

Design Immunity Does Not Shield Public Entity From Claim That it Failed to Warn of a Dangerous Condition

Policyholders' Coverage Checklist in Times of Coronavirus

Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage

Personal Thoughts on Construction Mediation

Illinois Supreme Court Holds That the Implied Warranty of Habitability Does Not Extend to Subcontractors

Another Exception to Fraud and Contract Don’t Mix

Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage

Armor Up: Fortifying Your Business Against California Litigation

Expansion of Statutes of Limitations and Repose in K-12 and Municipal Construction Contracts

Tick Tock: Don’t Let the Statute of Repose or Limitations Time Periods Run on Your Construction Claims

2022 Construction Outlook: Continuing Growth But at Slower Pace

Court Finds That SIR Requirements are Not Incorporated into High Level Excess Policies and That Excess Insurers’ Payment of Defense Costs is Not Conditioned on Actual Liability

Quick Note: Unenforceable Language in Arbitration Provision

Waive Not, Want Not: Waivers and Releases on California Construction Projects

It Pays to Review the ‘Review the Contract Documents’ Clause Before You Sign the Contract

Federal Court Holds That Other Insurance Analysis Is Unnecessary If Policies Cover Different Risks

Hospital Inspection to Include Check for Construction Defects

Michael Baker Intl. Settles Federal Pay Bias Allegations

Defining Constructive Acceleration

When Customers Don’t Pay: What Can a Construction Business Do

Providing Your Insurer Prompt Notice

Latosha Ellis Selected for 2019 Leadership Council on Legal Diversity Pathfinder Program

“A No-Lose Proposition?”

University of Tennessee’s New Humanities Building Construction Set to Begin

Ball Janik LLP Elevates Construction Litigation Attorneys Keegan A. Berry and Nicholas B. Vargo to Partner

Guarantor’s Liability on Partially Secured Debts – The Impacts of Pay Down Provisions in Serpanok Construction Inc. v. Point Ruston, LLC et al.

Real Estate & Construction News Roundup (9/4/24) – DOJ Sues RealPage, Housing Sales Increase and U.S. Can’t Build Homes Fast Enough

Pennsylvania Civil Engineers Give the State's Infrastructure a "C-" Grade

New Jersey Rules that Forensic Lab Analysts Can’t be Forced to Testify

Roadway Contractor Owed Duty of Care to Driver Injured Outside of Construction Zone

Travelers’ 3rd Circ. Win Curbs Insurers’ Asbestos Exposure

A Murder in Honduras Reveals the Dark Side of Clean Energy

Performance Bond Primer: Need to Knows and Need to Dos

Candlebrook Adds Dormitories With $230 Million Purchase

California Court Invokes Equity to Stretch Anti-Subrogation Rule Principles

Mexico City Metro Collapse Kills 24 After Neighbors’ Warnings

Georgia Supreme Court Addresses Anti-Indemnity Statute

How to Drop a New Building on Top of an Old One

Auditor: Prematurely Awarded Contracts Increased Honolulu Rail Cost by $354M

Retroactive Application of a Construction Subcontract Containing a Merger Clause? Florida’s Fifth District Court of Appeal Answers in the Affirmative

When Coronavirus Cases Spike at Construction Jobsites