ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

CEO/Founding Principal Nicole Whyte is recognized as one of the most Influential Leaders in Orange County by the OC Business Journal!

December 15, 2025 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to CEO/Founding Principal Nicole Whyte on her recognition as one of the most Influential Leaders in Orange County by the OC Business Journal! Why: Nicole leads over 200 attorneys in 11 offices in the Western U.S. She specializes in family law and complex civil litigation. Of those, 89 are based in the firm’s Newport Beach headquarters. Notable: Nicole was born, raised, and educated in South Africa. She practiced law in Johannesburg before emigrating to the United States in 1991. After quickly learning the U.S. Legal system, Nicole founded Bremer Whyte in 1997. Her husband, Steve Nataupsky, is a managing partner at Knobbe Martens. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

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Environmental Due Diligence - What's The Hold Up?

November 18, 2025 — W. Tyler Lloyd - The Dispute Resolver
Construction projects do not occur overnight. Regardless of project size, projects take anywhere from months to years to design, build, and complete. Perhaps one portion of the construction project that is always subject to criticism, particularly on large infrastructure projects, is environmental review and the applicability of environmental laws, requiring specific environmental thresholds, and the National Environmental Policy Act (“NEPA”). Contractors are well aware of the timeline and potential impacts that NEPA review might have on a project, and many contractors and national groups have expressed a desire to ensure that NEPA does not interfere with or altogether block the deployment of large infrastructure projects. On federal funded or assisted projects, contractors must comply with strict environmental oversight because the project is tied to federal funding or federal agency accountability. Contractors must also comply with environmental and sustainability mandates under the Federal Acquisition Regulation (“FAR”). The FAR requires federal construction project contracts to include clauses concerning hazardous materials, emergency planning, waste reduction, environmental management systems, and greenhouse gas disclosures. Read the full story...
Reprinted courtesy of W. Tyler Lloyd, Stites and Harbison, PLLC
Mr. Lloyd may be contacted at tlloyd@stites.com

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House Passes ABC-Supported Permitting Reform Legislation

February 02, 2026 — ABC - Construction Executive
WASHINGTON, Dec. 18—Associated Builders and Contractors applauded the U.S. House of Representatives for passing two comprehensive, ABC-supported permitting reform bills: H.R. 3898, the Promoting Efficient Review for Modern Infrastructure Today Act, and H.R. 4776, the Standardizing Permitting and Expediting Economic Development Act. Reprinted courtesy of ABC, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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To Settle or Not Settle: Factors to Weigh and Practical Considerations

January 13, 2026 — Gerard J. Onorata - ConsensusDocs
Deciding to settle a construction dispute is often wrought with difficulty, requiring the decision maker to evaluate a number of factors. Nevertheless, there are no hard and fast rules that apply when advising a party whether or not they should settle a dispute. Yet the vast majority of construction disputes do settle before going to trial or arbitration. In fact, recent statistics show that approximately 95% of all civil cases, including construction disputes, settle before trial[1]. However, whether settlement is always the best choice depends on several factors to be discussed here. Merits of Your Case First and foremost are the merits of your claims and defenses against any claims that are asserted against you. Construction disputes are inherently fact sensitive, and the merits of a case are driven by the facts of the dispute. Simple breach of contract actions for balances of unpaid funds for the work and materials that have been provided and installed on a project make weighing the merits of the affirmative claim relatively simple. However, these types of “collection cases” stand in stark contrast to complex construction delay claims for equitable adjustment where there exist competing and numerous causes of the delays. In addition, there are complicated legal principles applicable to whether there is entitlement to compensation for the delay or simply an extension of time. Construction defect claims where technical engineering issues are involved also present a heightened level of complexity that may make such cases difficult to prove on the merits. Read the full story...
Reprinted courtesy of Gerard J. Onorata, Peckar & Abramson, P.C.
Mr. Onorata may be contacted at gonorata@pecklaw.com

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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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GRSM Named Among 2026 “Best Law Firms” by Best Lawyers®

December 08, 2025 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani has been recognized in the 2026 “Best Law Firms” survey published by Best Lawyers®. To be eligible for a 2026 ranking, a law firm must have at least one lawyer recognized in the 2026 edition of the Best Lawyers in America® in a “Best Law Firms” practice area and geographic jurisdiction. GRSM announced earlier this year that 172 lawyers were recognized in the 2026 edition of Best Lawyers in America®, while 69 lawyers were named to the 2026 edition of Best Lawyers®: Ones to Watch. Explore the full list of GRSM recognized attorneys. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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California’s Fair Payment Act: What Every Owner, Developer, and Contractor Should Know About SB 440

November 18, 2025 — Matthew DeVries - Best Practices Construction Law
While most states have enacted various forms of prompt payment laws for construction projects, California Senate Bill 440, known as the Private Works Change Order Fair Payment Act, marks a pivotal change in how payment obligations related to change orders are handled on private construction projects. Signed into law on October 10, 2025 by Governor Newsom, its implementation will affect owners, developers, contractors, and subcontractors alike. Importantly, it sets clear standards for processing change-order claims, imposing decisive deadlines and remedies. The Big Picture SB 440, effective for private contracts beginning on January 1, 2026, establishes a formal claim resolution process for work stemming from change orders on private projects. Key provisions include:

• A contractor or subcontractor may submit a claim (for a time extension or additional compensation) and the owner must provide a written statement within 30 days identifying disputed and undisputed portions.

Read the full story...
Reprinted courtesy of Matthew DeVries, Buchalter
Mr. DeVries may be contacted at mdevries@buchalter.com

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Homeowners Associations Must Prepare for Cold Season Maintenance and Repairs in Western Washington

November 21, 2025 — Andre Egle - VF Law
Washington experiences major winter storms in the Greater Puget Sound area approximately two o
Court Addresses HOA Attempt to Restrict Short Term Rentals

Miami's Condo Craze Burns Out on Strong Dollar

Is The Enforceability Of A No-Damage-For-Delay Provision Inappropriate For Summary Judgment

Construction Law Firm Welin, O'Shaughnessy + Scheaf Merging with McDonald Ho
Congratulations to San Diego Partner Johnpaul Salem and Senior Associate Scott Hoy for Obtaining a Complete Defense Verdict!

Summary Judgment for Insurer on Construction Defect Claim Reversed

No Coverage for Sink Hole Loss

Texas Allows Wide Scope for Certificate of Merit

Insurer's Motion for Summary Judgment on Faulty Workmanship Denied

What You Need to Know About the Recently Enacted Infrastructure Bill

Helsinki Stream City: A Re-imagining Outside the System

Urban Retrofits, Tall Buildings, and Sustainability

Louisiana 13th in List of Defective Bridges

White and Williams Lawyers Recognized by Best Lawyers

Product Liability Alert: “Sophisticated User” Defense Not Available by Showing Existence of a “Sophisticated Intermediary”

NJ Condo Construction Defect Case Dismissed over Statute of Limitations

Sold Signs Fill Builder Lots as U.S. Confidence Rises: Economy

Eleventh Circuit Affirms Jury Verdict on Covered Property Loss

Roni Most, Esq., Reappointed as a City of Houston Associate Judge

Someone Who Hires an Independent Contractor May Still Be Liable, But Not in This Case

Study Finds San Francisco Bay is Sinking Faster than Expected

Professional Services Exclusion in CGL Policies

FHFA’s Watt Says Debt Cuts Possible for Underwater Homeowners

The Independent Tort Doctrine (And Its Importance)

Conditional Judgment On Replacement Costs Awarded

Risk Associated with Design-Build Project Delivery Method

Following Pennsylvania Trend, Federal Court Finds No Coverage For Construction Defect

Specific Performance: Equitable Remedy to Enforce Affirmative Obligation

Meet the Forum's Neutrals: MATTHEW W. ARGUE

SDNY Vacates Arbitration Award for Party-Arbitrator’s Nondisclosures

Legal Risks of Green Building

Recovering Unabsorbed Home Office Overhead Due to Delay

Los Angeles County Sues Utility Edison Over Deadly Wildfire

Be Careful with “Green” Construction

Only Two Weeks Until BHA’s Texas MCLE Seminar in San Antonio

A Murder in Honduras Reveals the Dark Side of Clean Energy

BHA has a Nice Swing Benefits the Wounded Warrior Project

Common Law Indemnity Claim Affirmed on Justifiable Beliefs

Power of Workers Compensation Immunity on Construction Project

Washington Trial Court Narrows Definition of First Party Claimant, Clarifies Available Causes of Action in Commercial Property Loss Context

Changes to Arkansas Construction and Home Repair Laws

Construction Spending Drops in March

Gordie Howe Bridge Project Team Looks for a Third Period Comeback

Understanding Insurance Disputes in Construction Defect Litigation: A Review of Acuity v. Kinsale

Preparing for the 2015 Colorado Legislative Session

Los Angeles Is Building a Future Where Water Won’t Run Out

New York Moves to Tighten Third-Party Practice: Key Changes to CPLR 1007

Construction Defects Not Occurrences under Ohio Law

Privity Problems Continue for Additional Insureds in the Second Circuit

Coverage Doomed for Failing Obtain Insurer's Consent for Settlement

Real Estate Firms Push to Preserve Carried Interest Tax Break

Restrictions On Out-Of-State Real Estate Brokers Being Challenged In Nevada

Key California Employment Law Cases: October 2018

Punchlist: The News We Didn’t Quite Get To – May 2016
2580">ASCE Statement on House Passage of Infrastructure Investment and Jobs Act

Owners and Contractors Beware: Pennsylvania (Significantly) Strengthens Contractor Payment Act

Connecticut’s New False Claims Act Increases Risk to Public Construction Participants

5 Impressive Construction Projects in North Carolina

Ninth Circuit Resolves Federal-State Court Split Regarding Whether 'Latent' Defects Discovered After Duration of Warranty Period are Actionable under California's Lemon Law Statute

Federal Contractors – Double Check the Terms of Your Contract Before Performing Ordered Changes

The Future of High-Rise is Localized and Responsive

Client Alert: Release of Liability Agreement Extinguishes Duty of Ordinary Care

California Bullet Train Clears Federal Environmental Approval

The Cost of Overlooking Jury Fees

Construction Defect Dispute Governed by Contract Disputes Act not yet Suited to being a "Suit"

Only Two Weeks Until BHA’s Texas MCLE Seminar in San Antonio

Recovering For Inflation On Federal Contracts: Recent DOD Guidance On Economic Price Adjustment Clauses

New Year’s Resolution: Engineering the “Tee-Up Day” for Complex Construction Mediations

Kentucky Court Upholds Arbitration Award, Denies Appeal

The Registered Agent Advantage

New EPA Regulation for Phase I Environmental Site Assessments

Recovering Attorney’s Fees and Treble Damages in Washington DC Condominium Construction Defect Cases

Under the Hood of U.S. Construction Spending Is Revised Data

Haight Brown & Bonesteel Ranked on the 2017 "Best Law Firms" List by U.S. News - Best Lawyers

Colorado Construction-Defects Reform Law Attempt Expected in 2015

Prompt Payment More Likely on Residential Construction Jobs Than Commercial or Public Jobs

Project Labor Agreements Will Now Be Required for Large-Scale Federal Construction Projects

‘Revamp the Camps’ Cabins Displayed at the CA State Fair

CA Supreme Court Finds “Consent-to-Assignment” Clauses Unenforceable After Loss Occurs During the Policy Period

Genuine Dispute Summary Judgment Reversed for Abuse of Discretion and Trial of Fact Questions About Expert Opinions

Reporting Requirements for Architects under California Business and Professions Code Section 5588

Is Modular Construction Destined to Fail?

Texas Central Wins Authority to Take Land for High-Speed Rail System

Thank You for 18 Straight Years in the Virginia Legal Elite in Construction Law

Quick Note: Third-Party Can Bring Common Law Bad Faith Claim

Parking Garage Collapse May Be Due to Construction Defect

Business Risk Exclusion Dooms Coverage for Construction Defect Claim

Construction Defect Claims Not Covered

EEOC Chair Issues New Report “Building for the Future: Advancing Equal Employment Opportunity in the Construction Industry”

GRSM Partner Gretchen Harris Sperry Featured in ABA Article on Importance of Appellate Counsel in Trial Proceedings

NY State Appellate Court Holds That Pollution Exclusions Bar Duty to Defend Under Liability Policies for Claims Alleging Exposure to PFAS

Be a Good Neighbor: Techniques to Mitigate the Risk of Claims from Adjacent Landowners

Federal District Court Dismisses Property Claim After Insured Allows Loss Location to Be Destroyed Prior to Inspection

Business Risk Exclusions (j) 5 and (j) 6 Found Ambiguous

Battle Looms as Feds Order Washington State Coal Plant to Stay Open

Less Than Perfectly Drafted Endorsement Bars Flood Coverage

What If an Irma-Like Hurricane Hit the New York City Metro Area?

Allen, TX Board of Trustees Expected to Approve Stadium Repair Plans

Damron Agreement Questioned in Colorado Casualty Insurance v Safety Control Company, et al.

Rhode Island Examines a Property Owner’s Intended Beneficiary Status and the Economic Loss Doctrine in the Context of a Construction Contract

Not Pandemic-Proof: The Ongoing Impact of COVID-19 on the Commercial Construction Industry

David M. McLain to Speak at the CLM Claims College - School of Construction - Scholarships Available

Court or Arbitration? Why Contractors Can’t Afford to Get this Wrong