Anaheim California Expert Witness Engineer Directory

Don’t Breach Your Contract, but If You Do, Don’t Breach First

December 22, 2025 — Christopher G. Hill - Construction Law Musings
Well, it’s been a while since my last post here at Musings due to travel, work, Thanksgiving, etc. so I thought I’d let a recent case remind us all that while breaching a construction contract is bad, doing it first is even worse. This is the so called “doctrine of first breach” that basically states that if both parties are in breach (or even just one), then the first to breach is the one that will bear the costs of breach. The doctrine also states that the one first to breach first can’t enforce any of its rights going forward. The plaintiff in SEG Props. LLC v. NTC Mazzuca Constr.,Inc., the Virginia Court of Appeals considered a first breach scenario that was pretty extreme. The basic facts are as follows: SEG hired Mazzuca to build a private shooting range and hired a property manager (Jones, Lang, LaSalle, Inc. (“JLL”)) as its project representative. Per the contract, if Mazzuca provided a payment application on or before the 25th of the month, payment was due by the 25th of the following month. In no event was payment to be made more than 30 days from receipt of the payment application by the owner’s representative. Even where there was a dispute, the undisputed amounts were to be paid. Mazzuca and JLL used a so called “pencil” method for payment applications that involved JLL reviewing the payment applications for errors and then a final payment application with the corrections being sent to the Architect. Needless to say there were change orders and disputes, but after the smoke cleared, it was obvious that from the first payment application, SEG had failed to make timely payment (for the whole saga, please read the case as it is too long for this post). Later, SEG terminated Mazzuca for cause upon one day’s notice that SEG would be supplementing Mazzuca’s workforce. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

GRSM Attorneys Named Finalists in 2026 Women, Influence & Power in Law Awards

March 10, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani attorneys have been shortlisted as finalists for Corporate Counsel’s 2026 Women, Influence & Power in Law (WIPL) Awards, which honor women leaders who have demonstrated a commitment to advancing the empowerment of women in the legal profession. In the Law Firm Internal Collaborative Leadership category, Stephanie Jones was recognized for her exceptional ability to foster collaboration, mentor talent, and align colleagues across GRSM. Jones has consistently demonstrated leadership rooted in trust, inclusion, and shared purpose, qualities that have strengthened the firm during a period of extraordinary growth. Her impact on the firm’s culture and success will continue as she steps into her role as Chief Operating Partner in June 2026, where she will further build on her leadership in fostering teamwork, mentorship, and alignment across the firm’s national platform. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

Substantial Evidence of Flood Loss is Not a Substitute for Required Proof of Loss

April 20, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court found that the insurer properly denied the insured’s claim for loss due to flood because a proof of loss was never submitted. Bay Haven at Coco Bay Condominium Association, Inc. v. Hartford Ins. Co. of the Midwest, 2026 U.S. Dist. LEXIS 6847 (M.D. Fla. Jan. 14, 2026). Bay Haven managed several condo buildings. When Hurricane Ian hit, it caused significant flood damage to these properties. Bay Haven held federal flood insurance policies through Hartford under “Write-Your-Own” policies. This meant Hartford was essentially a fiscal agent that managed policies and handled claims but paid them using federal funds. Following the storm, FEMA extended the usual 60-day deadline for filing a proof of loss to one year, or until September 28, 2023. Bay Haven did not submit its proofs of loss until November 2023. FEMA granted an extension but only for the specific amounts in the November requests. Hartford did not waive the 60-day proof of loss requirement for any other proof of loss. Hartford paid the amounts reflected in the November submissions. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Kahana Feld Partner Eran Forster Obtains a Motion for Summary Judgment

October 27, 2025 — Eva Paulson - Kahana Feld
Kahana Feld secured a legal victory this week in a multimillion-dollar wrongful death case after the U.S. District Court for the District of Nevada granted a motion for summary judgment. Partner Eran Forster and our team defended the client, a global healthcare company, in a difficult case alleging wrongful death, negligence, negligent security, negligent hiring, and loss of consortium claims as a result of an attack that occurred near the client’s property. Read the full story...
Reprinted courtesy of Eva Paulson, Kahana Feld
Ms. Paulson may be contacted at epaulson@kahanafeld.com

Super Lawyers Names Five White and Williams LLP Attorneys to its Metro New York Lists

December 02, 2025 — White and Williams LLP
White and Williams LLP is proud to announce that five attorneys in the firm’s New York City office have been recognized on the 2025 Metro New York Super Lawyers and Rising Star lists. This recognition highlights our attorney's exceptional legal acumen, and their commitment to client service excellence. Lawyers are selected for inclusion in Metro New York Area Super Lawyers and Rising Stars through a process that considers independent research, peer recognition and the professional achievements of attorneys from more than 70 practice areas. No more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Read the full story...
Reprinted courtesy of White and Williams LLP

NYC Billionaires’ Row Tower Could Need $160M Fix Amid Cracking

December 02, 2025 — Emell D. Adolphus - Engineering News-Record
A cracking and crumbling New York City tower could leave the building “uninhabitable,” according to engineers who estimate that a $160 million renovation might be needed to fix 432 Park Avenue's striking white concrete facade. Read the full story...
Reprinted courtesy of Emell D. Adolphus, Engineering News-Record
Mr. Adolphus may be contacted at adolphuse@enr.com

EPA and Army Corps Propose Revised Definition of “Waters of the United States”

December 30, 2025 — Ashleigh Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law Blog
For decades, the phrase “waters of the United States” (WOTUS) has dictated whether a wetland, stream, or pond falls within federal jurisdiction under the Clean Water Act (CWA). Two years and a change in administration later, EPA and the U.S. Army Corps of Engineers have returned with a new proposal aimed at aligning the rulebook with the Supreme Court’s 2023 decision in Sackett v. EPA and restoring a degree of predictability to one of the most litigated terms in environmental law. According to EPA Administrator Lee Zeldin and Assistant Secretary of the Army for Civil Works Adam Telle, the proposal represents a “faithful” implementation of Sackett, one that narrows federal reach to waters that are relatively permanent and wetlands that are indistinguishably connected to them. The agencies call it a step toward clarity and economic growth; others will undoubtedly call it a new chapter in an ongoing jurisdictional saga. Reprinted courtesy of Ashleigh Myers, Pillsbury and Jillian Marullo, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Read the full story...

Tariffs As Taxes — What Learning Resources, Inc. v. Trump Means for Contractors and the WSDOT Specifications

March 17, 2026 — Brett M. Hill - Ahlers Cressman & Sleight PLLC
In October 2025, we explored a pressing question for public works contractors: should post-contract award tariffs be reimbursable? The crux of that analysis was whether tariffs imposed after contract award constitute a tax under the Washington State Department of Transportation (WSDOT) Standard Specifications, triggering reimbursement under Section 1-07.1(5)B (“tax changes”). Since then, a landmark Supreme Court ruling in Learning Resources, Inc. v. Trump has clarified the legal nature of tariffs in a way that could significantly affect this debate. In Learning Resources, Inc. v. Trump, 607 U.S. (2026), the U.S. Supreme Court addressed whether the President had the authority under the International Emergency Economic Powers Act (IEEPA) to unilaterally impose broad tariffs on imports. Read the full story...
Reprinted courtesy of Brett M. Hill, Ahlers Cressman & Sleight PLLC
Mr. Hill may be contacted at brett.hill@acslawyers.com

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