ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Hurricane Milton Barrels Toward Florida With 180 MPH Winds

October 07, 2024 — Brian K Sullivan & David R Baker - Bloomberg
Milton exploded into the Atlantic’s strongest hurricane this year, bearing down as a catastrophic Category 5 storm on a Florida region still struggling to recover from Helene’s devastation. Milton’s top winds reached 180 miles (290 kilometers) per hour, up from 90 mph just 16 hours earlier, the US National Hurricane Center said in an advisory at 5 p.m. New York time. Milton now bests Hurricane Beryl, which raked Texas, Mexico and the Caribbean in July, as the most powerful Atlantic storm this season. With winds this intense, Milton is capable of collapsing homes, flattening trees and triggering power outages that could last weeks to months. It’s difficult for hurricanes to maintain their maximum strength for long, however, so Milton’s winds may drop as it nears Florida’s west coast. Only four Category 5 hurricanes have hit the US mainland, including Michael, which struck Florida’s Panhandle in 2018. Reprinted courtesy of Brian K Sullivan, Bloomberg and David R Baker, Bloomberg Read the full story...

---

Unlocking the Hidden Power of Zoning, for Good or Bad

October 21, 2024 — David Zipper - Bloomberg
No longer dismissed as an insomnia-curing corner of local governance, zoning is having a moment. It’s at the heart of the pro-housing Yes In My Backyard — or YIMBY — movement, which seeks to reform the rules that mandate the construction of single-family homes across much of the US, and the arcane details of land use policy are being debated in national outlets and city councils across the US. In much of this discourse, zoning is the clear villain, blamed for feeding societal ills ranging from housing costs to racial discrimination to greenhouse gas emissions. In her new book Key to the City, Sara Bronin examines zoning with a critical but sympathetic eye. Bronin brings deep experience to the topic, having studied zoning as an architect and lawyer before overhauling the land use regulations of Hartford, Connecticut. A professor of architecture and planning at Cornell University (and an occasional Bloomberg CityLab contributor), she is currently on leave to chair the federal Advisory Council on Historic Preservation. Read the full story...
Reprinted courtesy of David Zipper, Bloomberg

---

GRSM Team Wins Summary Judgment in Million-Dollar HOA Dispute

December 17, 2024 — Robert A. Bragalone & B. Ryan Fellman - Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani Partner Bob Bragalone and Senior Counsel Ryan Fellman won a complete summary judgment on behalf of five board members who had been added to an HOA dispute by the defendant homeowners. The GRSM team resolved the matter within just 60 days of taking over the case, bringing an end to a legal battle that had lasted more than four years. The dispute began when the HOA, as plaintiff, filed suit against the homeowners in Denton County District Court. The HOA alleged that the homeowners had violated the HOA’s Covenants, Conditions, and Restrictions by constructing a non-conforming carport and sought a declaratory judgment to resolve the issue. In response, the homeowners filed a counterclaim and third-party petition, adding the individual HOA board members to the lawsuit. They accused the board members—who were serving in a voluntary capacity—of mishandling the dispute and filed claims against them for intentional infliction of emotional distress, negligence, and gross negligence. Reprinted courtesy of Robert A. Bragalone, Gordon Rees Scully Mansukhani and B. Ryan Fellman, Gordon Rees Scully Mansukhani Mr. Bragalone may be contacted at bbragalone@grsm.com Mr. Fellman may be contacted at rfellman@grsm.com Read the full story...

---

San Francisco Office Secures Defense Verdict in Legal Malpractice Action

November 25, 2024 — Lewis Brisbois Newsroom
San Francisco, Calif. (October 31, 2024) - After a ten-day jury trial in San Francisco Superior Court, Partner Alex Graft recently secured a defense verdict in a legal malpractice action arising out of underlying litigation with the claimants’ homeowners association. The claimants alleged his client attorneys negligently advised them that the terms of the settlement agreement would result in the creation of a so-called independent board of directors for the homeowners association. It did not come to fruition. After the attorneys withdrew, they sued for their outstanding fees, which elicited a cross-complaint alleging malpractice, breach of fiduciary duty, breach of contract and negligent misrepresentation. Read the full story...
Reprinted courtesy of Lewis Brisbois

---

Benefit of the Coblentz Agreement and Consent Judgment

August 26, 2024 — David Adelstein - Florida Construction Legal Updates
If you are not familiar with the concept of what is commonly known as a Coblentz agreement relative to an insurance coverage dispute, review these prior postings (here and here and here). This is a good-to-know agreement if you are a claimant and need to consider an avenue of collection if the insured’s carrier denies coverage out of the gate (meaning the carrier has denied both the duty to defend and the duty to indemnify). A recent Eleventh Circuit Court of Appeals opinion demonstrates the Coblentz agreement concept. In Barrs v. Auto-Owners Ins. Co., 2024 WL 3673089 (11th Cir. 2024), an owner asserted a construction defect claim against its contractor. The owner hired the contractor to deconstruct a building and the contractor hired a demolition subcontractor. The owner noticed work was not being performed and materials (e.g., lumber) were missing; the demolition subcontractor had stolen materials. The subcontractor was terminated, and the owner claimed the contractor’s negligence allowed the theft and delayed his project. The contractor’s commercial general liability (CGL) insurer notified the insured-contractor that coverage did not exist and refused to defend the contractor. The owner sued the contractor under various theories of liability. The owner and contractor entered into a settlement agreement (i.e., the Coblentz agreement) where the contractor “admitted liability in the amount of $557,500.00….A consent judgment was entered against [the contractor] that closely tracked the settlement agreement but did not indicate which portion of the damages award was attributed to which claims. The agreement also assigned [owner] and all of [the contractor’s] rights to claim coverage and to recover available funds under [the contractor’s CGL policy].” Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

---

Arizona Court Affirms Homeowners’ Association’s Right to Sue Over Construction Defects

October 15, 2024 — Melissa Kenney - White and Williams LLP
In Gallery Community Association v. K. Hovnanian at Gallery LLC, No. 1 CA-CV 23-0375, 2024 Ariz. App. Unpub. LEXIS 696 (Ct. App.), the Court of Appeals of Arizona (Court of Appeals) discussed whether a homeowners’ association can file an action for breach of the implied warranty of workmanship and habitability arising from construction defects. At issue was whether the implied warranty extended to the areas within the community that the association maintained, including the common areas. The Court of Appeals held that homeowners’ associations can sue builder-vendors for breach of the implied warranty arising from construction defects. In this case, a homeowners’ association, responsible for managing and maintaining a community of townhomes, sued the developer/builder for alleged construction defects in the common area and exteriors of homes that the association maintained for the homeowners in the community. The alleged defects included the pool cabana and staircase walls in the common areas and the exterior walls, roofs, and staircases on the separately owned townhomes in the community. The builder filed a motion for summary judgment, arguing that the implied warranty extended to dwelling actions initiated by homeowners – not homeowners’ associations – and that the alleged construction defects at issue were not related to a dwelling. The trial court granted the motion. The Court of Appeals vacated the trial court’s grant of summary judgment and remanded for further proceedings. In reaching its decision, the Court of Appeals determined that both common law and statutory law authorized the homeowners’ association’s breach of implied warranty claim. Read the full story...
Reprinted courtesy of Melissa Kenney, White and Williams
Ms. Kenney may be contacted at kenneyme@whiteandwilliams.com

---

Ethical Limits on Preparing a Witness for Deposition or Trial

October 28, 2024 — Stu Richeson - The Dispute Resolver
In this week’s blog post, we are going to take a brief look at ethical issues associated with preparing a witness for a deposition or to testify at trial. Most attorneys would agree that it is permissible to meet with a witness before the witness’s deposition to discuss what to expect. On the other hand, there is no question that advising a witness to provide false testimony would be improper. But what about the area in between those two extremes? For instance, can an attorney suggest to a witness how to phrase answers to anticipated questions that, while true, might not be the way the witness would have answered the question absent the attorney’s coaching? A little over a year ago, the American Bar Association Standing Committee on Ethics and Professional Responsibility issued ABA Formal Opinion 508: The Ethics of Witness Preparation. The opinion provides certain examples of things that are and are not permissible in preparing a witness for a deposition or trial. Read the full story...
Reprinted courtesy of Insurer Has Duty to Defend Despite Construction Defects

BOO! Running From Chainsaw Wielding Actor then Falling is an Inherent Risk of a Haunted Attraction

Construction Defects Lead to Demolition

Improvements to AIA Contracts?

Broken Buildings: Legal Rights and Remedies in the Wake of a Collapse

Environmental Regulatory Provisions Embedded in the Infrastructure Investment and Jobs Act

Three Reasons Lean Construction Principles Are Still Valid

Real Property Alert: Recording Notice of Default as Trustee Before Being Formally Made the Trustee Does Not Make Foreclosure Sale Void

Gordon & Rees Ranks #5 in Top 50 Construction Law Firms in the Nation

Ex-Construction Firm That Bought a $75m Michelangelo to Delist

Are Construction Defect Laws Inhibiting the Development of Attached Ownership Housing in Colorado?

Touchdown! – The Construction Industry’s Winning Audible to the COVID BlitzAB5 Construction Exemption - A Checklist to Avoid Application of AB5's Three-Part Test

Is the Manhattan Bank of America Tower a Green Success or Failure?

Sinking S.F. Tower Prompts More Lawsuits

California Supreme Court Protects California Policyholders for Intentional Acts of Employees

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

OSHA Finalizes PPE Fitting Requirement for Construction Workers

Insured Under Property Insurance Policy Should Comply With Post-Loss Policy Conditions

Haight has been named by Best Law Firms® as a Tier 1, 2 and 3 National Firm in Three Practice Areas in 2024

Important Information Regarding Colorado Mechanic’s Lien Rights.

Bay Area Firm Offers Construction Consulting to Remodels

Making the Construction Industry a Safer place for Women

Is It Time to Revisit Construction Defects in Kentucky?

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

Uneven Code Enforcement Seen in Earthquake-Damaged Buildings in Turkey

Chinese Millionaire Roils Brokers Over Shrinking Mansion

U.S. Home Prices Climbed 0.1% in July as Gains Slowed

2017 Construction Outlook: Slow, Mature Growth, but No Decline, Expected

How Will Today’s Pandemic Impact Tomorrow’s Construction Contracts?

Hawaii Federal District Court Again Rejects Coverage for Faulty Workmanship

Alaska Supreme Court Finds Insurer Owes No Independent Duty to Injured Party

Construction Insurance Rates Up in the United States

Mediation in the Zero Sum World of Construction

The Colorado Supreme Court affirms Woodbridge II’s “Adverse Use” Distinction

Congratulations to Nine Gibbs Giden Partners Selected to the 2023 Southern California Super Lawyers List

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

Defining Construction Defects

New Survey Reveals Present-Day Risks of Asbestos Exposure in America - 38% in High-Risk Jobs, 47% Vulnerable through Second-Hand Exposure

Oregon Court of Appeals Rules That Negligent Construction (Construction Defect) Claims Are Subject to a Two-Year Statute of Limitations

DOJ to Prosecute Philadelphia Roofing Company for Worker’s Death

Corps Issues Draft EIS for Controversial Alaskan Copper Mine

Subcontractor Exception to "Your Work" Exclusion Does Not Apply to Coverage Under Subcontractor's Policy

Oregon agreement to procure insurance, anti-indemnity statute, and self-insured retention

Civil Engineers: Montana's Infrastructure Grade Declines to a 'C-'

The Right to Repair Act (Civ.C §895 et seq.) Applies and is the Exclusive Remedy for a Homeowner Alleging Construction Defects

Wonder How 2021 May Differ From 2020? Federal Data Privacy May Be Enacted - Be Prepared

Finalists in San Diego’s Moving Parklet Design Competition Announced

Keeping KeyArena's Landmark Lid Overhead at Climate Pledge Arena Redevelopment Is A 22,000-Ton Balancing Act

Ackman Group Pays $91.5 Million for Condo at NYC’s One57

No Duty to Defend Construction Defect Claims

County Sovereign Immunity Invokes Change-Order Ordinance

House Bill Clarifies Start Point for Florida’s Statute of Repose

Peru’s Former President and His Wife to Stay in Jail After Losing Appeal

Maybe California Actually Does Have Enough Water

Flood Sublimits Do Not Apply to Loss Caused by Named Windstorm

Court Voids Settlement Agreement in Construction Defect Case

DOD Contractors Receive Reprieve on Implementation of Chinese Telecommunications Ban

Trump Abandons Plan for Council on Infrastructure

Construction Case Alert: Appellate Court Confirms Engineer’s Duty to Defend Developer Arises Upon Tender of Indemnity Claim

Lumber Liquidators’ Home-Testing Methods Get EPA Scrutiny

ASCE Releases First-of-its-Kind Sustainable Infrastructure Standard