ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Newark Trial Team Secures Affirmance of ‘No Cause’ Verdict for Nationwide Housing Manager & Developer

January 07, 2025 — Lewis Brisbois Newsroom
Newark, N.J. (December 30, 2024) - Newark Partner Afsha Noran and Managing Partner Colin Hackett recently obtained a ruling by a New Jersey Appellate Division panel affirming a unanimous "no cause" defense verdict obtained on behalf of a nationwide housing developer and manager. In this case, the plaintiff and her two minor children brought suit against the firm's client. They appealed a unanimous no-cause jury verdict rendered in May 2023 that found the defendants not liable for mold exposure in their apartment. The plaintiffs argued that several trial errors, including improper jury instructions, a confusing verdict sheet, and prejudicial remarks by defense counsel led to an unjust result. However, the appellate court affirmed the trial court's decision, concluding that there was no miscarriage of justice and that the trial court properly exercised its discretion in handling the case. Read

Attention Contractors: U.S. Department of Labor Issues Guidance on Avoiding Discrimination When Using AI in Hiring

November 25, 2024 — Ma

Wildfire Threats Make Utilities Uninsurable in US West

August 12, 2024 — Mark Chediak - Bloomberg
Trinity Public Utilities District’s power lines snake through the lower reaches of the Cascade Range, a rugged, remote and densely forested terrain in Northern California that has some of the highest wildfire risk in the country. But for several years, the company has been without insurance to protect it from such a threat. Trinity’s equipment was blamed for causing a 2017 wildfire that destroyed 72 homes and three years later its insurer, a California public agency called the Special District Risk Management Authority, told the utility that it would no longer cover it for fires started by its electrical lines. Trinity could find no other takers. The utility’s exposure comes as wildfires are already flaring up across the US West in what could be a dangerous and prolonged fire season. “If a fire were to start now that involved one of our power lines, it would likely bankrupt the utility,” said Paul Hauser, general manager of the local government-owned utility that serves about 13,000 rural customers in Trinity County, 200 miles (322 kilometers) north of Sacramento. That’s because without insurance, a lawsuit could put the utility on the hook to pay for damages to private homes and businesses, which could easily top the utility’s annual revenue of about $16 million. Read the full story...
Reprinted courtesy of Mark Chediak, Bloomberg

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ASCE Statement on Hurricane Milton and Environmental Threats

October 15, 2024 — Feniosky Peña-Mora, P.E., President - American Society of Civil Engineers
WASHINGTON, DC. – On the heels of the tragic damage caused by Hurricane Helene throughout the Southeast, Floridians were struck by another major hurricane, Milton, less than two weeks later. Our hearts go out to those impacted again by this storm through property damage, lack of water access, power outages, or worse, loss of life, all before getting a chance to recover from Helene. Civil engineers are dedicated to protecting the public with projects that can lessen the impacts of these storms, and we are eager to help communities rebuild as quickly as possible following events like Milton and Helene. Although we do not yet know the full scope of destruction caused by Hurricane Milton, severe weather, including compound flooding events, are increasing regularly and pose a great risk to our safety and economic vitality. While so many eyes are fixated on hurricanes impacting the Southeast, wildfires are burning across several western states, including the Elk Fire in Wyoming, the largest wildfire the Bighorn National Forest has experienced in more than a century, now spanning over 75,000 acres as the region is experiencing unusually hot and dry weather and strong winds that are helping this fire to spread rapidly. The climate impacts we are accustomed to – wildfires in the West and hurricanes in the Southeast – are getting stronger, and now environmental challenges are occurring in areas we wouldn't suspect, such as Hurricane Helene striking mountain communities in Western North Carolina that have been labeled as "climate safe-havens," and Texas dealing with annual winter storms. ASCE is a leader in codes and standards development and has created an easy-to-understand toolkit for legislators and the public to learn the benefits of these up-to-date standards and determine when and how to adopt them, making our built environment more resilient to natural catastrophes. ASCE's flagship standard, ASCE/SEI 7-22, recently underwent the most significant update to its flooding chapter to ensure structures following this standard are prepared for 500-year flood events.

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NYC Landlord Accused of Skirting Law With Rent-Free Months Offer

October 15, 2024 — Natalie Wong - Bloomberg
The opening of Tower 28, on

Corrective Action Protest Grounds for GSA Schedule Federal Construction Contractors

September 09, 2024 — Marissa L. Downs - The Dispute Resolver
A contract awarded, protested, terminated, appealed, then reinstated. It’s no secret that federal construction procurements are plagued with uncertainty. From delays, constructive suspensions, compromised supply chains, the litigation-laden critical path method, and the mandate for all construction materials used in federally funded projects for infrastructure to be produced in the United States under the Build America, Buy America Act (BABAA) (to name just a few traditional and emerging favorites), just one of these issues could fill the rest of anyone’s month with substantive research. To add one more, which is entirely unique to bid protests, federal contractors–including construction contractors–listed in a General Service Administration (GSA) Schedule may have new grounds to have a contract award reinstated that was terminated by a federal agency pending a GAO decision. GAO Protest An initial GAO protest filed by Deloitte & Touche LLP (Deloitte) argued that the National Geo-Spatia

Preserving Lien Rights on Private Projects in Washington: Three Common Mistakes to Avoid

September 16, 2024 — Kristina Southwell - Ahlers Cressman & Sleight PLLC
The Washington Construction Lien Statute, RCW 60.04 et seq., exists to help secure payment for work performed for the improvement of real property.[1] The statute grants “any person furnishing labor, professional services, materials, or equipment for the improvement of real property” the authority to claim “a lien upon the improvement for the contract price of labor, professional services, materials, or equipment furnished.” RCW 60.04.021. Exercising lien rights is one of the most useful tools available to a contractor or supplier trying to recover payment owed on a project. A properly recorded lien binds the project property, which is typically the most valuable asset held by the owner, as security for the amounts owed to the lien claimant. Additionally, the lien statute provides a basis for the claimant to recover the costs of recording the lien and its attorneys’ fees and expenses incurre

Assessments Underway After Hurricane Milton Rips Off Stadium Roof, Snaps Crane Boom in Florida

November 05, 2024 — James Leggate - Engineering News-Record
Hurricane Milton and tornados it spurred killed at least five people and knocked out power to 4 million homes and businesses in Florida after making landfall Oct. 9 near Siesta Key in Sarasota County. With assessments and rescues still underway, state officials say the damage was not as bad as it could have been. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story...

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Los Angeles Recovery Crews Begin to Mobilize as Wildfires Continue to Burn

January 21, 2025 — Scott Blair, Aileen Cho, & C.J. Schexnayder - E

Insured's Claim for Water Damage Dismissed with Leave to Amend

August 12, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The court granted the insurer's motion to dismiss the insured's claim for water damage under a homeowners' policy, but granted leave to amend. Thompson v. State Farm Gen. Ins. Co., 2024 U.S. Dist. LEXIS 98486 (C.D. Cal. June 3, 2024). The insureds' first amended complaint alleged they "suffered a sudden and accidental water loss below their slab in their home." A plumber hired by the insureds discovered "a copper pipe burst inside a structural concrete footing between a manifold in the living room and the water heater." The insureds notified their insurer, State Farm. Claim adjuster Andrea Acevedo conducted a visual inspection. The complaint alleged she did not "inspect or view the pipe, or have a testing conducted on the pipe." Acevedo sent a letter denying the insureds' claim based upon her finding that "because the loss was caused by a slab leak, there is no coverage available for the loss." The letter explained that the hot water supply line under the home failed due to wear, tear, deterioration and/or electrolysis. The predominant cause of loss to the failed pipe was due to one or a combination of rust, electrolysis, corrosion, wear, tear and/or deterioration. The policy did not cover water damage caused by water from below the surface of the ground. Further coverage for wear, tear, deterioration, rot, mold, maintenance, water from below the surface of the ground and a continuous or repeated seepage or leakage of water was excluded. 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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Newport Beach Partners Jeremy Johnson, Courtney Serrato, and Associate Joseph Real Prevailed on a Demurrer in a Highly Publicized Shooting Case!

November 11, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara’s Partners Jeremy Johnson, Courtney Serrato,
Reasonable Expectations – Pennsylvania’s Case by Case Approach to the Sutton Rule

Alabama Supreme Court States Faulty Workmanship can be an Occurrence

First Railroad Bridge Between Russia and China Set to Open

Recording a Lis Pendens Is Crucial

As Climate Changes, 'Underwater Mortgage' May Take on New Meaning

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

Hammer & Hand’s Top Ten Predictions for US High Performance Building in 2014

Anti-Fracking Win in N.Y. Court May Deal Blow to Industry

Construction Defects in Roof May Close School

San Diego Appellate Team Prevails in Premises Liability Appeal

California Court of Appeal Vacates $30M Non-Economic Damages Award Due to Failure to Properly Apportion Liability and Attorney Misconduct During Closing Argument

Construction Needs Collaborative Planning

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

Legislation Update: S-865 Public-Private Partnerships in New Jersey Passed by Both Houses-Awaiting Governor’s Signature

Firm Announces Remediation of Defective Drywall

Partner Jonathan R. Harwood Obtained Summary Judgment in a Coverage Action Arising out of a Claim for Personal Injury

It’s Time to Change the Way You Think About Case Complexity

Caltrans Reviewing Airspace Program in Aftermath of I-10 Fire

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

Legislative Update – The CSLB’s Study Under SB465

Microsoft Urges the Construction Industry to Deliver Lifecycle Value

Rhode Island Closes One Bridge and May Have Burned Others with Ensuing Lawsuit

Potential Construction Liabilities Contractors Need to Know

Home Sales Topping $100 Million Smash U.S. Price Records

NYC Supertall Tower Condo Board Sues Over Alleged Construction, Design 'Defects'

White and Williams LLP Acquires 6 Attorney Firm

A General Contractors Guide to Bond Thresholds by State

The Benefits of Incorporating AI Into the Construction Lifecycle

Courts Generally Favor the Enforcement of Arbitration Provisions

Domingo Tan Receives Prestigious Ollie Award: Excellence in Construction Defect Community

U.S. Construction Value Flat at End of Summer

Defining Construction Defects

Fall 2024 Legislative Update:

California Complex Civil Litigation Superior Court Panels

Court Finds That Limitation on Conditional Use Permit Results in Covered Property Damage Due to Loss of Use

The End of Eroding Limits Policies in Nevada is Just the Beginning

Groundbreaking on New Boulder Neighborhood

Construction Costs Must Be Reasonable

GRSM Team Wins Summary Judgment in Million-Dollar HOA Dispute

New York Preserves Subrogation Rights

What is the True Value of Rooftop Solar Panels?

Like Water For Chocolate: Insurer Prevails Over Chocolatier In Hurricane Sandy Claim

Texas Federal Court Finds Total Pollution Exclusion Does Not Foreclose a Duty to Defend Waterway Degradation Lawsuit

New Hampshire’s Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers

7 Sustainability Ideas for Modular Classrooms in the Education Industry (guest post)

Sales of New U.S. Homes Slump to Lowest Level Since November

Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues

In Oregon Construction Defect Claims, “Contract Is (Still) King”

AI in Construction: What Does It Mean for Our Contractors?

The Woodland Hills Office Secures a Total Defense Award on Behalf of their High-End Custom Home Builder Client!

Cybersecurity "Flash" Warning for Construction and Manufacturing Businesses

Subcontractor Strength Will Drive Industry’s Ability to Meet Demand, Overcome Challenges

Government Claims Act Does Not Apply to Actions Solely Seeking Declaratory Relief and Not Monetary Relief

Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” and Tier 2 for Los Angeles and Orange County by U.S. News – Best Lawyers® “Best Law Firms” in 2022

New York Signs Biggest Offshore Wind Project Deal in the Nation

TOLLING AGREEMENTS: Construction Defect Lawyers use them to preserve Association Warranty Claims during Construction Defect Negotiations with Developers

Skyline Cockpit’s Game-Changing Tower Crane Teleoperation

Loan Snarl Punishes Spain Builder Backed by Soros, Gates

Workers Hurt in Casino Floor Collapse

Global Insurer Agrees to Pay COVID-19 Business Interruption Claims

Heavy Rains Cause Flooding, Mudslides in Japan

LEED Certified Courthouse Square Negotiating With Insurers, Mulling Over Demolition

CDJ’s #10 Topic of the Year: Transport Insurance Company v. Superior Court (2014) 222 Cal.App.4th 1216.

Basement Foundation Systems’ Getting an Overhaul

Pennsylvania Considers Changes to Construction Code Review

A Community Constantly on the Brink of Disaster

Corrective Action Protest Grounds for GSA Schedule Federal Construction Contractors

White and Williams Celebrates Chambers 2024 Rankings

Court Rejects Efforts to Limit Scope of Judgment Creditor’s Direct Action Under Insurance Code Section 11580

OSHA Begins Enforcement of its Respirable Crystalline Silica in Construction Standard. Try Saying That Five Times Real Fast

A Few Green Building Notes