Anaheim California Expert Witness Engineer Directory

Trust, But Verify: Addressing Risk of Non-Payment by Owners

December 08, 2025 — William Underwood - ConsensusDocs
Receiving payment is an important piece of any for-profit business. And construction contractors are no exception. But sometimes payments do not arrive on time (or, worse yet, not at all), even when a contractor has done everything right. Ensuring that owners have the ability to pay invoices when they become due is an important upfront risk mitigation strategy that can help reduce future risks of non-payment. Although it is not possible to entirely remove this risk, there are options to help reduce it. This article will highlight some of the options to help increase payment security, both before and during the Project, to reduce the risk of non-payment for work that is otherwise properly performed. This article does not cover the entire waterfront of available options, including liens (which could be a separate topic for an entire thesis). But this article nonetheless provides some practical options for consideration to reduce payment risks. Read the full story...
Reprinted courtesy of William Underwood, Jones Walker LLP
Mr. Underwood may be contacted at wunderwood@joneswalker.com

Seventh Circuit Finds “Additional Insured” Requirements Met Where Non-Party Subcontractor Was Proximate Cause of Underlying Injuries

February 23, 2026 — Jason Taylor - Traub Lieberman Insurance Law Blog
In Atlanta Gas Light Company et al v. Navigators Ins. Co., Nos. 24-2888 & 24-2889 (7th Cir. Jan. 22, 2026), the Seventh Circuit Court of Appeals assessed whether an upstream contractor was an “additional insured” under an umbrella policy issued to its subcontractor. Atlanta Gas and Southern Company Gas (“AGL”) hired United States Infrastructure Corporation (“USIC”) to locate and mark gas lines that AGL owned throughout Georgia. In 2018, USIC failed to mark a gas line in Homerville, Georgia, and a boring company struck it, leading to an explosion that severely injured three women. The victims settled their claims with USIC but did not come to terms with AGL. AGL eventually did settle with the victims, but only after they sued AGL in Georgia state court (the “Underlying Suits”). AGL’s service agreement with USIC required USIC to obtain primary and excess liability insurance coverage that included AGL as an additional insured. Because USIC’s settlement with the victims exhausted its primary policy, AGL tendered the defense and indemnification of the Underlying Suits to USIC’s excess insurer, Navigators. Navigators denied the request on the ground that AGL was not an “additional insured” under the policy. Read the full story...
Reprinted courtesy of Jason Taylor, Traub Lieberman
Mr. Taylor may be contacted at jtaylor@tlsslaw.com

How to Fireproof a Neighborhood

March 17, 2026 — Linda Poon - Bloomberg
As builders in fire-prone areas like California race to reimagine homes for a more fiery future, one developer is zooming out to build entire fire-resilient neighborhoods. KB Home’s developments tackle an issue that’s hard for any individual homeowner to overcome: “You can do your home perfectly, but if your neighbor didn’t, you still have a fire risk,” said Roy Wright, chief executive officer of the research nonprofit Insurance Institute for Business and Home Safety. In other words, to slow the spread of urban fires it takes a village. Read the full story...
Reprinted courtesy of Linda Poon, Bloomberg

When Logic Doesn’t Matter: Why ‘Irrational’ Isn’t a Ground to Overturn an Arbitration Award in Tennessee

November 09, 2025 — Matthew DeVries - Best Practices Construction Law
Arbitration has long been viewed as a faster, more efficient alternative to litigation. But anyone involved in construction disputes today knows that is not always the case. The process can be just as costly, sometimes taking as long as a court case. Yet one thing remains consistent, and it is the most important point for everyone in the construction process to understand before signing an arbitration clause: once an arbitrator decides, that decision is almost always final. That reality was reinforced in a recent Tennessee Court of Appeals decision, MidSouth Construction, LLC v. Burstiner (June 12, 2025) (pdf). The case involved a homeowner who tried to overturn an arbitration award following a dispute about defective deck construction. The homeowner argued that the arbitrator’s decision was “fundamentally irrational.” The court rejected that argument. Read the full story...
Reprinted courtesy of Matthew DeVries, Buchalter
Mr. DeVries may be contacted at mdevries@buchalter.com

Always Keep Your Time Limits in Mind—to Know When You Can Sue, and When You Can No Longer Be Sued (Law Note)

December 15, 2025 — Melissa Dewey Brumback - Construction Law in North Carolina
As the calendar year is getting a little long in the tooth, the subject of time becomes top of mind. Time, in litigation, can make or break your ability to sue (or be sued). A recent blog post by blogger John Caravella addressing statutes of limitations in New York (6 years) and Florida (5 years) brought to mind the issues that sometimes surprise folks working in North Carolina. In North Carolina, the statute of limitations is (generally) set at 3 years for breach of contract matter, including breaches of construction contracts. However, there are always exceptions. The statute of repose in North Carolina for damages to real property is 6 years. What that means is that if there is a ‘latent defect’ that is not obvious right away, you may still have a claim beyond three years (but not beyond the 6 year repose limit). Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
Ms. Brumback may be contacted at mbrumback@rl-law.com

Contract Disputes Act and Jurisdictional Requirements

March 17, 2026 — David Adelstein - Florida Construction Legal Updates
When dealing with a claim on a federal construction project, there are a couple of key background jurisdictional points. These points were briefly highlighted in the recent appeal, Mega Star Logistics Service Co. v. Department of State, CBCA 8232, 2026 WL 253738 (CBCA 2026). Here are the two points. FIRST, when it comes to jurisdiction, for a board of contract appeals “to exercise jurisdiction over a claim, the CDA [Contract Disputes Act] requires the contractor to submit a written claim to the contracting officer for a COFD [contracting officer final decision], with a subsequent appeal of the COFD or deemed denial if the CO [contracting officer] does not issue a COFD.” Thus, you need to submit a formal claim under the Contract Disputes Act to the contracting officer to get a final decision from the contracting officer (or the contracting officer waiving the final decision by not timely furnishing one). Mega Star Logistics, supra. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Snell & Wilmer Receives Multiple National and Regional Top Tier Rankings in 2026 “Best Law Firms® Rankings” by Best Lawyers®

December 08, 2025 — Snell & Wilmer
PHOENIX – Snell & Wilmer is proud to announce it has once again been recognized by Best Law Firms®, earning 34 national and 199 regional rankings across 74 categories by Best Lawyers® in their annual Best Law Firms rankings. The firm received national Tier 1 rankings for its Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Commercial Litigation, Communications Law, Construction Law, Corporate Law, Litigation – Construction, Litigation – Labor and Employment, Litigation – Real Estate, Real Estate Law, and Securities Regulation categories. The firm also earned national rankings in 24 other categories, and 15 of its offices earned regional rankings. The 2026 Best Law Firms rankings are based on the highest number of participating firms and the highest number of client ballots on record. The rankings are determined through a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information supporting a firm’s accomplishments. The following is the complete list of Snell & Wilmer practices ranked in the 2026 Best Law Firms: National Rankings Banking and Finance Law Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Commercial Litigation Communications Law Construction Law Corporate Law Employment Law – Management Energy Law Environmental Law Financial Services Regulation Law Health Care Law Labor Law – Management Litigation – Banking and Finance Litigation – Bankruptcy Litigation – Construction Litigation – Environmental Litigation – Intellectual Property Litigation – Labor and Employment Litigation – Real Estate Litigation – Regulatory Enforcement (SEC, Telecom, Energy) Litigation – Securities Mass Tort Litigation / Class Actions – Defendants Mergers and Acquisitions Law Mining Law Native American Law Natural Resources Law Patent Law Real Estate Law Securities / Capital Markets Law Securities Regulation Tax Law Trademark Law Trusts and Estates Venture Capital Law Read the full story...
Reprinted courtesy of Snell & Wilmer

Newark Team Obtains Appellate Ruling Affirming Summary Judgment for Lawyer and Firm in Professional Negligence Lawsuit

April 14, 2026 — Lewis Brisbois Newsroom
Newark Partner Meredith Kaplan Stoma and Associate Anthony Doss recently secured a decision from the New Jersey Superior Court, Appellate Division, affirming summary judgment for their clients, a lawyer and her firm, in a lawsuit alleging professional negligence in connection with the administration of a commercial loan. The circumstances giving rise to the lawsuit date back to September 2020, when the plaintiff was approached by members of a real estate investment company regarding a short-term loan opportunity whereby he would loan the company $200,000. The company provided the plaintiff with a “bridge loan package,” which stated that the requested funds would be held in the escrow account of their counsel and her firm (Lewis Brisbois’ clients), and returned to him with interest within six months once the company was “capitalized” by a senior lender. The company subsequently prepared two notes, each for $100,000, in connection with the agreement. Read the full story...
Reprinted courtesy of Lewis Brisbois

ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES