ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Hunton Insurance Coverage Attorneys Top Benchmark Litigation 2026 Guide

November 09, 2025 — Hunton Andrews Kurth LLP - Hunton Insurance Recovery Blog
Benchmark Litigation has recognized the following members of Hunton’s insurance coverage team as Litigation Stars: practice head Syed S. Ahmad, partner Walter J. Andrews, and special counsel Lorelie (Lorie) S. Masters. Benchmark’s Litigation Star recognizes individuals who possess a strong case record and are consistently recommended by clients and peers as reputable and effective litigators. In addition, Benchmark named partner Geoffrey Fehling on its Future Stars list, which recognizes individuals who are consistently referenced by peers and clients as litigators who are building their reputations in the market. Read the full story...
Reprinted courtesy of Hunton Andrews Kurth LLP

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$27B Meta Data Center Pushes Louisiana Toward Massive Power Expansion

April 27, 2026 — Vince Kong - Engineering News-Record
Meta Platforms has reached an agreement with Entergy Louisiana to fund new energy infrastructure to support its planned $27-billion data center in Richland Parish, a project the company says could ultimately scale to 5 GW, becoming its largest facility to date. CEO Mark Zuckerberg has described the site as large enough to cover a significant portion of Manhattan. Read the full story...
Reprinted courtesy of Vince Kong, Engineering News-Record
Mr. Kong may be contacted at kongv@enr.com

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HHMR and Every One of its Partners Recognized by Legal 500 in Denver Elite – Real Estate

April 20, 2026 — David McLain - Colorado Construction Litigation Blog
Higgins, Hopkins, McLain & Roswell, LLC is pleased to announce its recognition as a Tier 1 firm in the Denver Elite rankings for Real Estate, a category that includes construction law and construction litigation, by The Legal 500. In addition, each of the firm’s partners has been individually recognized in the same rankings. The firm’s individual recognitions include:

• David M. McLain — Tier 1
• Ricky L. Nolen, Jr. — Tier 2
• Lisa Bondy Dunn — Tier 3

Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

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Quick Note: If You Want to Recover Attorney’s Fees In a Contractual Dispute, Include a Prevailing Party Attorney’s Fees Provision

January 21, 2026 — David Adelstein - Florida Construction Legal Updates
If you want the ability to recover attorney’s fees in the event of a contractual dispute, include a prevailing party attorney’s fees. Negotiate this point on the front end. Not doing so will hinder your ability to make the argument that you should be entitled to attorney’s fees due to a breach of the contract. In a recent case, the prevailing party relied on an indemnification provision to create the argument for attorney’s fees even though the action had NOTHING to do with indemnity. This was shot down on appeal as a party can’t use an indemnification provision to create that attorney’s fees argument UNLESS the provision is expressly clear on this point. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Turnover Traps for Community Associations: Investigate First, Release Claims Later

April 14, 2026 — Nicholas B. Vargo - Ball Janik LLP
Turnover of a community association from developer control to owner control is a uniquely vulnerable moment. Developers are increasingly presenting Florida condominium and homeowners’ associations with “standard” settlement or release agreements at turnover, often being framed as routine steps to finalize the transition of control. In reality, these agreements can have sweeping consequences, including the release of construction-defect claims before the association has conducted any meaningful independent evaluation. The developer has years of project knowledge and access to plans, subcontractors, and internal records. The newly elected board is just beginning to organize, obtain documents, and understand the property’s condition. Many defects, especially those involving roofing, waterproofing, windows, or structural components, are latent and not yet visible. Signing a release at this stage means the association is making a binding decision under conditions of uncertainty, without full information, to release all future potential claims. Over the last few years, there has been a rise in reports of developers offering a packaged deal: they agree to complete certain repairs, often minor punch-list or cosmetic items, and to “forgive” an alleged financial deficit (often around $50,000) supposedly owed by the association from the developer-control period. In exchange, the association is asked to sign a broad release covering all claims, including known and unknown construction defects. To a new HOA board that received their community with limited operating and reserve funds, they are left with a difficult decision to either accept the developer’s offer or assess their owners to pay this alleged debt. These agreements are occasionally presented through community management companies, which may describe them as “standard” or "routine.” Whether due to misunderstanding or influence from the developer, management companies can unintentionally reinforce the idea that signing is expected. Any recommendation provided to HOAs about whether to sign these releases could open community management to liability down the road. The best practice for both associations and community managers is to refer any agreements to be reviewed by general counsel for the association. The following two case studies illustrate the real-world consequences: Case Study One: A newly transitioned board relies on its management company to negotiate with the developer-builder to resolve irrigation issues, pond concerns, and signage deficiencies, along with forgiving an asserted financial shortfall. In exchange, the board signs a broad release covering all claims, including latent defects. Within a year, several punch-list items remain incomplete, and more serious issues arise. When the association demands completion, the developer delays, prompting the association to seek advice on how to enforce the settlement agreement. The association hires counsel to hold the developer responsible for both the previously agreed-upon items and newly identified construction defects. However, when the association brings claims against the developer, the developer points to the release of all potential construction defects in the community. Thus, the only remaining remedy is limited to enforcement of the specific punch-list terms. The community, still relatively new, has no viable claims against the developer-builder for the construction defects. With warranties expired and the release, the association must fund repairs through special assessments, despite defects that would otherwise have been actionable. Case Study Two: A community is presented with a similar agreement as above. The management company encourages execution, suggesting it is standard and even telling the board to “name your price.” The developer also pressures the newly elected board to sign. Instead of signing, the board consults with their attorney. Counsel advises the board not to sign the release and recommends further investigation. Engineers are retained and identify early indicators of broader issues, including stucco cracking, water intrusion, and irrigation deficiencies. Based on this information, the association declines to sign the release. Subsequent evaluation reveals potentially significant construction-defect claims, allowing the community to pursue recovery that would have been lost under the proposed agreement. These scenarios underscore a fundamental point: signing a release at turnover is not an administrative formality—it is a major legal decision. Board members act in a fiduciary capacity on behalf of their community, and their decisions can bind all current and future owners. At turnover, an association’s right is to investigate and pursue claims. Preserving that right until a full and independent evaluation is completed is not adversarial—it is responsible governance. Accordingly, associations should retain independent evaluations of the property and consult qualified legal counsel before signing any “standard” agreements, especially ones involving a release of future claims. Nicholas B. Vargo is a partner in Ball Janik LLP’s Construction Practice Group. He may be reached at nvargo@balljanik.com.

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Kahana Feld Attorney Andrea Vosough Named to 2026 Claims and Litigation Management Alliance (CLM) Phenoms Under 40 List

November 09, 2025 — Eva Paulson - Kahana Feld
IRVINE, CA - Oct. 22, 2025 - Kahana Feld is pleased to announce that attorney Andrea Vosough was named as one of 10 Claims and Litigation Management Alliance (CLM) Phenoms Under 40 for 2026. She will also be a finalist for CLM’s Young Professional of the Year award, with the winners announced at the CLM Annual Conference in Orlando in March 2026. Vosough is a member of Kahana Feld’s General Liability practice group, primarily representing local and national restaurants, trucking companies, public entities, small businesses, and individuals. She serves on CLM’s Young Professional Advisory Board, which provides resources and guidance for emerging professionals, encourages participation in professional development, and helps shape the next generation of attorneys. Read the full story...
Reprinted courtesy of Eva Paulson, Kahana Feld
Ms. Paulson may be contacted at epaulson@kahanafeld.com

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US Energy Dept. Withdraws Federal ‘Zero-Emissions Building’ Definition

December 22, 2025 — Bryan Gottlieb - Engineering News-Record
The U.S. Dept. of Energy has withdrawn the Biden-era federal definition of a “zero-emissions building,” marking another step in the Trump administration’s rollback of climate-focused initiatives and creating uncertainty for states, cities and owners that had informally used the guidance in project planning. Read the full story...
Reprinted courtesy of Bryan Gottlieb, Engineering News-Record
Mr. Gottlieb may be contacted at gottliebb@enr.comFive Lewis Brisbois Attorneys Named “Top Rank Attorneys” by Nevada Business Magazine

Construction Defects and Second Buyers in Pennsylvania

Construction Safety Technologies – Videos

5 Impressive Construction Projects in North Carolina

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

Construction Contract Basics: Indemnity

10 Haight Lawyers Recognized in Best Lawyers in America© 2023 and The Best Lawyers: Ones to Watch 2023

Maria Latest Threat to Puerto Rico After $1 Billion Irma Hit

Federal Court in New York Court Dismisses Civil Authority Claim for COVID-19 Coverage

Ambiguous Application Questions Preclude Summary Judgment on Rescission Claim

Insurer Must Defend and Indemnify Construction Defect Claims Under Iowa Law

Liability Cap Does Not Exclude Defense Costs for Loss Related to Deep Water Horizon

Counterpoint: Washington Supreme Court to Rule on Resulting Losses in Insurance Disputes

Dust Obscures Eleventh Circuit’s Ruling on “Direct Physical Loss”

The Basics of Subcontractor Defaults – Key Considerations

KB Homes Sues Condo Buyers over Alleged Cybersquatting and Hacking

Exclusion Does Not Bar Coverage for Injury To Subcontractor's Employee

The Moment of Truth

HHMR Recognized in 2026 Best Law Firms® Rankings for Construction Litigation and Construction Law

Defense Owed for Product Liability Claims That Do Not Amount to Faulty Workmanship

Court Holds That Public Entity Can Unilaterally Replace Subcontractor Under California’s Subletting and Subcontracting Fair Practices Act

Investing in Metaverse Real Estate: Mind the Gap Between Recognized and Realized Potential

A Court-Side Seat: Waters, Walls and Pipelines

Dot I’s and Cross T’s When It Comes to Construction Licensure Requirements

How Data Drives the Future of Design

The Dangers of an Unlicensed Contractor from Every Angle

Colorado Court of Appeals Provides Guidance on What Arbitration-Related Orders are Appealable

The Economic Loss Rule and Tort Claims by Owners against Design Professionals

Ninth Circuit Upholds Corps’ Issuance of CWA Section 404 Permit for Newhall Ranch Project Near Santa Clarita, CA

Best Lawyers® Recognizes 37 White And Williams Lawyers

Fraud and Construction Contracts- Like Oil and Water?

Jersey City, New Jersey, to Get 95-Story Condo Tower

Nevada’s Home Building Industry can Breathe Easier: No Action on SB250 Leaves Current Attorney’s Fees Provision Intact

Governmental Immunity Waived for Independent Contractor - Lopez v. City of Grand Junction

A Termination for Convenience Is Not a Termination for Default

AB5, Dynamex, the ABC Standard, and their Effects on the Construction Industry

Georgia HB 676: A Bill Property Owners and Contractors Should Watch

Department of Transportation Revises Its Rules Affecting Environmental Review of Transportation Projects

Do Not Forfeit Coverage Under Your Property Insurance Policy

Nine Newmeyer & Dillion Attorneys Recognized as Southern California Super Lawyers

Architectural Firm Disputes Claim of Fault

Sweet News for Yum Yum Donuts: Lost Goodwill is Not an All or Nothing Proposition

Another Possible “Out” of Uniwest?

Terminating A Subcontractor Or Sub-Tier Contractor—Not So Fast—Read Your Contract!

McGraw Hill to Sell off Construction-Data Unit

When is Forum Selection in a Construction Contract Enforceable?

Estoppel Certificate? Estop and Check Your Lease

Real Estate & Construction News Round-Up 04/06/22

Subsequent Owners of Homes Again Have Right to Sue Builders for Construction Defects

The Requirement to State a “Sum Certain” No Longer a Jurisdictional Bar to Government Contract Claims
HOA. Andre Egle is an attorney at VF Law. He may be reached at andre.egle@vf-law.com.

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