ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

“He Chose…Poorly: How Bad DSC Clauses Lead to Project Doom in the Last Crusade of Construction Risk”

March 10, 2026 — Curt Martin & Lee Banta - ConsensusDocs
“We do not follow maps to buried treasure, and X never, ever marks the spot.” That’s the advice that Indiana Jones offered in the Last Crusade film. But what’s beneath the surface isn’t just important to adventure archaeologists. It has real-world application to our industry, where success depends on the stability of materials below the surface. The study of geology and soils has ancient roots. Egyptians relied on soil stability for the pyramids; Rome built a continent-wide roadway system utilizing subgrade preparation techniques; Medieval builders implemented a rudimentary foundation pier system; Henri Gautier studied what is now called the “angle of repose” for French retaining walls in the early 18th Century. Through the 19th Century, contractors bore the risk of the stability of their work, and the attendant peril of unforeseen site conditions. But in the early 20th Century, design trades continued to develop increased understanding of soil and underground conditions. In the 1920’s US federal contracts began employing “differing site conditions” clauses, which provided for cost/time adjustments if subsurface conditions differed from expectations. Industry forms followed the federal policy, and these clauses became almost universally accepted. Reprinted courtesy of Curt Martin, Peckar & Abramson, P.C. and Lee Banta, Peckar & Abramson, P.C. Mr. Martin may be contacted at cmartin@pecklaw.com Mr. Banta may be contacted at lbanta@pecklaw.com Read the full story...

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Congratulations to San Diego Lawyers JohnPaul Salem and Kaylan Bland-Fetter on a Fantastic Result for their HOA Client!

October 21, 2025 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Partner JohnPaul Salem and Associate Kaylan Bland-Fetters successfully defended their HOA-client in a three-week jury trial in San Diego, California, arising out of a Plaintiff-homeowner bringing six causes of action to enforce the governing documents and seeking at least $63,000 in damages. After prevailing on four of the six causes of action in favor of the HOA and containing Plaintiff’s damages to just $7,200 less than the civil statutory minimum and also beating the HOA’s pre-trial offer to compromise, BWB&O’s client brought a motion for attorney’s fees and costs pursuant to the governing documents and the Davis-Sterling Act (California Civil Code § 5975). Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara

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Modular Construction’s Big Boom: New Risks Outpacing Standard Contracts in Industrial Projects

March 24, 2026 — Chad Theriot & Jack Mayo - Construction Executive
Modular construction is revolutionizing the construction industry, tackling labor shortages, sustainability goals and supply-chain challenges, with the global market for modular and prefabricated construction projected to reach over $200 billion by 2030. While residential builders have embraced modular’s speed and affordability, the greatest risks—and opportunities—are emerging in the industrial sector, where project scale and complexity demand new legal strategies. In 2023, Chad Theriot explored industrial and infrastructure applications of modular construction, addressing risks like offsite fabrication and integration complexities in his article, “The Rise of Modular Construction—Impacts for Consideration.” Since that time, modular construction has continued to experience significant advancements and has been increasingly adopted by contractors across a broad spectrum of industrial and commercial projects. As modular construction continues to reshape the industrial landscape, contractors and owners alike must be mindful of the legal implications associated with its use, specifically as it relates to liability and risk allocation, regulatory compliance, quality control and upstream factors such as transportation and intellectual property concerns. Reprinted courtesy of Chad Theriot and Jack Mayo, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Traub Lieberman Attorneys Recognized as 2026 Illinois Super Lawyers® and Rising Stars

February 02, 2026 — Traub Lieberman
Traub Lieberman is pleased to announce that two Partners from the Chicago, IL office have been selected to the 2026 Illinois Super Lawyers list. In addition, two Associates have been named to the 2026 Super Lawyers Rising Stars list. 2026 Illinois Super Lawyers

• Brian Bassett – Insurance Coverage
• Dana Rice – Insurance Coverage

2026 Super Lawyers Rising Stars

• Timothy Crane – Insurance Coverage
• Anthony Morelli – Civil Litigation

Read the full story...
Reprinted courtesy of Traub Lieberman

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Subcontrator’s Insurer Must Reimburse for Defense of Contractor

January 21, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court determined that the subcontractor’s insurer owed a defense to the additional insured general contractor in a bodily injury suit. Charter Oak Fire Ins. Co. v. Liberty Mut. Fire Ins Co., 2025 U.S. Dist. LEXIS 227712 (S.D. W. V. Nov. 19, 2025). A.L.L. Construction, Inc. was the general contractor for a construction project. West Virginia Paving, Inc. was the subcontractor for paving work. After construction began, Charlottee Smith allegedly fell and was injured due to A.L.L. and West Virginia Paving’s negligent work. She sued both A.L.L. and West Virgina Paving. Smith and West Virginia Paving settled. 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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Tampa Team Obtains Highly Favorable Verdict for Property Owner Client in Lawsuit over Traffic Accident

March 24, 2026 — Lewis Brisbois Newsroom
Tampa Managing Partner John Rine and Partner Nick Dareneau obtained a very favorable verdict for their property owner client in a Sarasota County trial in a lawsuit arising from a traffic accident. At the end of closing arguments, plaintiff’s counsel requested appropriately $18 million from the jury. The jury returned a net verdict of just over a thousand dollars. The plaintiff was on a scooter and was involved in an accident with an SUV in a parking lot intersection. Our firm represented the property owner. The plaintiffs argued that the landscape vegetation was too tall and violated the sight lines of the two drivers, and that the height of the shrubbery violated the owner’s landscaping contract and a local sight line ordinance. They also argued that the intersection lacked a stop sign in contrast to the other six parking lot entrances, which had stop signs. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Texas Supreme Court Rules for Road Contractors in Critical Legal Immunity Test

January 26, 2026 — Elaine Silver - Engineering News-Record
The Texas Supreme Court overturned an earlier ruling by appeals court judges clarifying who is protected by the Texas Dept. of Transportation's legal immunity shield. It is a state law barring lawsuits against contractors for auto accidents as long as the contractors build according to the design. Read the full story...
Reprinted courtesy of Elaine Silver, Engineering News-Record
ENR may be contacted at enr@enr.com

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New California Law Requires Real Estate Agents and Brokers to Disclose AI Alterations in Listings

January 21, 2026 — Brian Slome - Lewis Brisbois
San Diego, Calif. (December 19, 2025) - Artificial intelligence and digital marketing have become ubiquitous in real estate advertising. The widespread use of AI creates risk for consumers who don’t know whether images shown online or on the multiple listing services are real. A new California law that goes into effect in January 2026 tries to draw a clear line: innovation is welcome but deception is not. The state’s new law requires licensed real estate brokers and salespersons to disclose when images used in advertisement and promotional materials have been digitally altered and to provide access to the original, unaltered images. The law is intended to enhance transparency in real estate advertising and to reduce the risk of consumer deception arising from image editing, virtual staging, or other digital modifications. Who Is Covered The law applies to real estate agents, brokers, developers, and marketing staff involved in property advertising. It encompasses advertisements including those in print and online. Read the full story...
Reprinted courtesy of Brian Slome, Lewis Brisbois
Mr. Slome may be contacted at Brian.Slome@lewisbrisbois.com

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