ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Substantiating Termination for Convenience Costs

November 09, 2025 — David Adelstein - Florida Construction Legal Updates
A termination for convenience clause is an important provision in construction contracts, particularly for the owner. An owner needs the contractual right to terminate a contractor for convenience. This means the owner does NOT need a reason to exercise a termination. This is night-and-day different from a termination for cause (or default) wherein an owner must have a material basis to exercise that right. Sometimes, the relationship is not where it should be, or not what was expected, or performance does not rise up to the level you require but does not rise up to a material breach. The termination for convenience clause gives the owner the discretion to just end the relationship. As a contractor, you need to understand the types of damages (costs) you are entitled if an owner exercises the termination for convenience. Don’t overlook this, because if an owner exercises the termination for convenience, you want to make sure you feel like you are protected. This could include a termination for convenience fee. There are a number of ways this can be accomplished, but you need to be sure you are entitled to costs incurred through the date of termination with reasonable overhead and profit, demobilization costs, early return fees, and costs incurred due to the termination. Regardless, keep in mind that it is your burden, as the contractor, to prove these costs with a reasonable degree of certainty. US Energy Dept. Withdraws Federal ‘Zero-Emissions Building’ DefinitionDecember 22, 2025 — Bryan Gottlieb - Engineering News-Record
The U.S. Dept. of Energy has withdrawn the Biden-era federal definition of

Congratulations to Las Vegas Partner Jeffrey Saab and Senior Associate Shanna Carter on Winning Another Motion for Summary Judgment!

March 17, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Partner Jeffrey Saab and Senior Associate Shanna Carter’s client owned a condo, which he rented out. The tenant allegedly assaulted Plaintiff across the street from the condo, resulting in personal injury, including nerve damage. Shanna did the research and writing,

What Startup Funding Reveals About the Future of Construction Technology

December 02, 2025 — Aarni Heiskanen - AEC Business
If the seeds of tomorrow’s construction technology are sown today, what does the future look like? Nymbl Ventures’ Q3 2025 ConTech Market Report reveals interesting data on the ConTech scene. A Growth Curve First of all, Construction Tech (“ConTech”) is performing well compared to other built environment technologies. Acco

Report: 2023 NYC Crane Fire and Collapse Caused by Failed Hydraulic Hose

December 30, 2025 — Justin Rice - Engineering News-Record
A disconnected hydraulic hose likely sprayed flammable oil onto a hot surface, igniting a blaze that compromised the luffing system of a tower crane on a busy New York City street, sending its boom crashing 500 ft to the ground, according to a long-awaited investigation into a 2023 crane fire and partial collapse on the west side of Manhattan. Read the full story...
Reprinted courtesy of Justin Rice, Engineering News-Record
Mr. Rice may be contacted at ricej@enr.comSeven Kahana Feld Attorneys Sel

White and Williams LLP Recognized on the List of Largest Law Firms in Greater Philadelphia

March 03, 2026 — White and Williams LLP
White and Williams LLP was recently recognized on the list of Largest Law Firms in Greater Philadelphia by the Philadelphia Business Journal. The Firm is ranked #10 among the largest law firms in the Greater Philadelphia area. This listing ranks over 500 law firms in the counties of Bucks, Chester, Delaware, Montgomery, or Philadelphia in Pennsylvania; Atlantic, Burlington, Camden, or Gloucester in New Jersey, and Kent or New Castle in Delaware. White and Williams has been named on the list since 2023. Read the full story...
Reprinted courtesy of White and Williams LLP

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Payne & Fears Recognized by Best Lawyers in 2026 Best Law Firms®

December 02, 2025 — Payne & Fears LLP
Payne & Fears LLP has been recognized in the 2026 edition of Best Lawyers® “Best Law Firms.” This distinction reflects the firm’s commitment to professional excellence and its strong reputation among clients and peers in the legal community. Payne & Fears has been ranked in the following practice areas: Metropolitan Tier 1 Orange County

• Commercial Litigation
• Employment Law - Management
• Insurance Law
• Labor Law - Management
• Litigation - Labor and Employment
• Litigation - Real Estate

Read the full story...
Reprinted courtesy of Payne & Fears LLP
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Construction’s AI Moment — Why Contractors Are Increasingly Optimistic

December 30, 2025 — Aarni Heiskanen - AEC Business
A new industry research report from Dodge Construction Network in partnership with CMiC reveals a striking level of optimism among contractors about the transformative potential of artificial intelligence in construction. According to the survey, 87% of contractors believe AI will meaningfully transform their businesses, even though current adoption remains relatively low. This optimism reflects a growing recognition that AI isn’t just a buzzword, but a set of capabilities beginning to deliver tangible operational value across the built environment. Evolving roles One of the most interesting shifts the report highlights is how contractors envision their own roles evolving. Instead of being bogged down in repetitive administrative tasks, project teams expect AI to enable them to work more strategically, focusing on predictive insights rather than reactive fire-fighting. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

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New York Amends Prompt Payment Act: Retainage Above 5% in Private Construction Contracts Now Void

February 10, 2026 — Mark A. Snyder, Levi W. Barrett, Patrick T. Murray & Skyler L. Santomartino - Peckar & Abramson, P.C.
In 2023 New York overhauled its Prompt Payment Act. The 2023 amendments, largely aimed at restricting the amount of retainage that can be withheld on private projects, were unclear about whether parties could contract around the statute, as they can with other provisions of the statute. The State Legislature recently clarified that issue. On December 19, 2025, New York enacted a new law, tightening the State’s Prompt Payment Act retainage laws by amending the Prompt Payment Act under General Business Law § 757. Under § 757, the new law renders void any contract provision in private construction contracts that requires retainage in excess of 5% of the total contract sum, meaning owners cannot hold more than 5% from their prime contractors and prime contractors cannot hold more than 5% from their subcontractors. Reprinted courtesy of Mark A. Snyder, Peckar & Abramson, P.C., Levi W. Barrett, Peckar & Abramson, P.C., Patrick T. Murray, Peckar & Abramson, P.C. and Skyler L. Santomartino, Peckar & Abramson, P.C. Mr. Snyder may be contacted at msnyder@pecklaw.com Mr. Barrett may be contacted at lbarrett@pecklaw.com Mr. Murray may be contacted at pmurray@pecklaw.com Mr. Santomartino may be contacted at ssantomartino@pecklaw.com Read the full story...

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FERC’s New Order on Data Center Co-Location: What Utilities Need to Know

January 26, 2026 — Stephen J. Humes - Gravel2Gavel Construction & Real Estate Law Blog
On December 18, 2025, the Federal Energy Regulatory Commission (FERC) issued a pivotal order to PJM Interconnection, the nation’s largest regional wholesale power grid operator running the transmission system in the Mid-Atlantic region. The Order intends to help reshape how large loads—especially data centers—connect to the grid in the face of massive load growth from artificial intelligence (AI) hyperscalers. At FERC’s monthly open meeting, the commissioners unanimously approved the Order, finding that PJM’s existing tariff does not adequately address the issue of co-locating large loads with data centers and electric generation. The Order was issued in FERC Docket Nos. EL24-49-000 et al., can be found at this link. Read the full story...
Reprinted courtesy of Stephen J. Humes, Pillsbury
Mr. Humes may be contacted at stephen.humes@pillsburylaw.com

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