Anaheim California Expert Witness Engineer Directory

Just Because You Can, Doesn’t Mean You Should. The “Retained Control” Exception to the Privette Doctrine

April 29, 2025 — Garret Murai - California Construction Law Blog
Eating an entire bag of “family” sized potato chips in one sitting. Guilty. Binge watching the entire new season of Black Mirror over a weekend. Guilty. Eating an entire bag of “family” sized potato chips in one sitting, while binge watching the entire new season of Black Mirror over a weekend, because, “hey” I’m finally an empty nester, and can do what I like. Guilty. As they say though, just because you can, doesn’t mean you should. The beauty of this adage is that it has broad applicability to a cornucopia of situations, from empty nesters who, with the freedom of having the kids out of the house, feel that they can do anything they dang well please; to kids doing rather bone-headed things like jumping on a moving train (yes, guilty); and, as it turns out, can even apply in some cases to construction workers. In Bowen v. Burns & McDonnell Engineering Company, Inc., 103 Cal.App.5th 759 (2024), the First District Court of Appeal examined whether an employee of a subcontractor who was injured while standing on a ladder that slipped could bring a claim against the general contractor under an exception to the Privette doctrine which limits a hirer’s liability for on-the-job injuries sustained by an independent contractor or its workers. Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Procedural Matters Matter!

December 10, 2024 — Suzanne M. Nicholson - Wilke Fleury
As an appellate practitioner, I am keenly aware that sometimes, a procedural matter can doom what would otherwise be a meritorious issue for appeal. Trial attorneys are well-advised to check and double-check procedural rules and case law governing the issues in their cases. Here’s a few recent developments to be aware of. The record on appeal: electronic recordings now available in Santa Clara County. It should not be news to anyone that it is the appellant’s burden to produce an adequate record for appeal. That includes not just the written submissions to the trial court, but also reporter’s transcripts of all proceedings that could have a substantive impact on your case. If you do not have a court reporter present for your hearing, you will be struck trying your best to get an agreed statement or a settled statement should the case go up on appeal. Believe me, that can be a serious challenge. Any omissions or deficiencies are going to result in presumptions made against the appellant. Read the full story...
Reprinted courtesy of Suzanne M. Nicholson, Wilke Fleury
Ms. Nicholson may be contacted at snicholson@wilkefleury.com

Federal Contract Termination For Convenience

March 25, 2025 — Michael Yelle - Ahlers Cressman & Sleight PLLC
The Trump Administration has undertaken a series of contract terminations to realign federal spending with the Administration’s goals.[1] The Federal Acquisition Regulations (“FAR”) outline the process for contract termination. If a contract is terminated, contractors must be aware of the steps they can take to maximize recovery of termination costs. In a federal contract, there are two types of termination, termination for default and termination for convenience. A contract may be terminated for default when the contractor fails to perform its obligations, such as by failing to make adequate progress on the project.[2] In a termination for default, the government is generally required to give notice and provide the opportunity for the contractor to “cure” or correct the problem before a termination decision is made. Read the full story...
Reprinted courtesy of Michael Yelle, Ahlers Cressman & Sleight PLLC
Mr. Yelle may be contacted at michael.yelle@acslawyers.com

Handling Insurance Claims in the Wake of the Los Angeles Wildfires

January 28, 2025 — Yosef Itkin & Michael S. Levine - Hunton Insurance Recovery Blog
Los Angeles continues to be devastated by wildfires, and our thoughts are with those who have been affected. Tragically, lives have been lost. Homeowners and businesses ordered to evacuate have left behind properties that suffered enormous property damage and loss. At this time, more than 15,000 structures have been burned and counting. Landmarks, places of worship, schools and notable business are among the structures that have been damaged or destroyed. Recent estimates have pegged insured losses in the $20 billion to $30 billion range with some estimates coming in even higher. Safety is the number one priority. At some point, though, the focus will shift as the fires seize and those affected rebuild and replace their property. There has already been much talk of insurance availability and maximizing insurance recoveries will be a key component of the recovery process. For those who will go through the insurance claims process, we have prepared critical action items to help policyholders navigate the claim process. We also invite you to visit our Wildfire Insurance Resource Center for additional helpful resources and materials, including a seven-part wildfire insurance coverage series that includes an overview on handling the claims process. Reprinted courtesy of Yosef Itkin, Hunton Andrews Kurth LLP and Michael S. Levine, Hunton Andrews Kurth LLP Mr. Itkin may be contacted at yitkin@HuntonAK.com Mr. Levine may be contacted at mlevine@HuntonAK.com Read the full story...

Rejection’s a Bear- Particularly in Construction

December 23, 2024 — Christopher G. Hill - Construction Law Musings
As I read through this week’s cases published in Virginia Lawyers Weekly, I came across a case posing an interesting question. The question is, “If your bid is rejected along with everyone else’s, can you complain?” The short answer set out by the Rockingham County, Virginia Circuit Court is “No.” In the case of General Excavation v. City of Harrisonburg the Court looked at the Virginia Public Procurement Act’s bid protest provisions in Va. Code 2.2-4360 and 2.2-4364(C) in the context of General Excavation’s protest of the City’s failure to award it (or anyone else for that matter) the contract on which it was the low bidder. The controlling section of the statute allows a challenge to the award or proposed award of a contract. In defending the action, the City of Harrisonburg argued that, because the Procurement Act waived some of the city’s sovereign immunity, it must be read strictly. The city further argued (somewhat ironically) that, because no award of the contract was given or even proposed, General Excavation could not bring suit because it would not be challenging the “proposed award or award” of a contract. Not surprisingly, the Rockingham County court held with the City and strictly construed the statute against General Excavation in finding that General Excavation did not have the standing necessary to bring suit under the statute. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Insureds' Not Entitled to Recovery for Partial Collapse

February 04, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The Sixth Circuit affirmed the District Court's decision that the insureds could not recover for a partial collapse of a wall. Builders Mut. Ins. Co. v. GCC Construction, LLC, 2024 U.S. App. LEXIS 31518 (6th Cir. Dec. 11, 2024). Tahini Main Street bought a century-old building in Chattanooga, Tennessee. The building was constructed using what masons call three-wythe construction. This meant that the building's walls consisted of three brick layers - each layer was a "wythe" - that sit next to each other. When Tahini renovated the building, it hired GCC Construction, LLC (GCC). GCC planned to add windows which meant cutting a new opening into the building's western wall, boring straight through all three brick layers. When they finished slicing through the wall, some bricks fell from the opening's top. The middle rows fell into the new gap, leaving the two outside row with nothing in between. Accordingly, the wall lost its middle. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Third Circuit Vacates Judgment for Insurer on Alleged Construction Defect Claim

December 31, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The Third Circuit vacated and remanded to the district court the judgment in favor of the insurer on a construction defect claim. Odedeyi v. AmTrust Financial Services Inc., 2024 U.S. App. LEXIS 24729 (3d Cir. Oct. 1, 2024). Mr. Odedeyi hired a contractor, who was insured by Security National, to perform work on his property. After the property was damaged during the renovations, Odedeyi filed suit against the contractor. Odedeyi was awarded a default judgment against the contractor. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Four Months From Helene, Emergency Repairs Continue in North Carolina

February 25, 2025 — Derek Lacey - Engineering News-Record
Interstate 40 in Tennessee and North Carolina remains closed more than four months after the historic and catastrophic flooding from Hurricane Helene in 2024. The North Carolina Dept. of Transportation continues emergency repair efforts there and across the region. Read the full story...
Reprinted courtesy of Derek Lacey, Engineering News-Record
Mr. Lacey may be contacted at laceyd@enr.com

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