ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

House Passes ABC-Supported Permitting Reform Legislation

February 02, 2026 — ABC - Construction Executive
WASHINGTON, Dec. 18—Associated Builders and Contractors applauded the U.S. House of Representatives for passing two comprehensive, ABC-supported permitting reform bills: H.R. 3898, the Promoting Efficient Review for Modern Infrastructure Today Act, and H.R. 4776, the Standardizing Permitting and Expediting Economic Development Act. Reprinted courtesy of ABC, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Nevada’s Mandatory Nonbinding Arbitration Law for Civil Cases is Going Through Changes

May 14, 2026 — Brandon Wright & Manuel Gurule - Lewis Brisbois
Nevada currently operates an expedited litigation program designed to resolve civil disputes with a value up to $50,000 without incurring the “usual” expense of litigating these disputes. Over time, however, the number of civil cases that have been “exempted” from this program based on the claimed damages exceeding $50,000 has grown dramatically. In response, the Nevada Legislature recently enacted a number of rule changes designed to streamline Nevada’s arbitration process and include more cases. Among these changes are increasing the arbitration “cap” from $50,000 to $100,000. By way of background, the Nevada’s Court Annexed Arbitration program is a mandatory, non-binding program for civil cases in judicial districts that have county populations of 100,000 or more [1]. Nevada’s Court Annexed Arbitration was born out of NRS 38.250, which was enacted in 1991 and went into effect in the summer of 1992. The newly enacted NRS 38.250 was regarded as a way to address the problem of increased court caseloads while promoting judicial economy and efficiency in civil cases having a probable jury award of less than $25,000 [2]. Initially, cases that were automatically exempt from the program included class actions, medical malpractice disputes, divorce proceedings, and other domestic relations matters [3]. Reprinted courtesy of Brandon Wright, Lewis Brisbois and Manuel Gurule, Lewis Brisbois Mr. Wright may be contacted at Brandon.Wright@lewisbrisbois.com Mr. Gurule may be contacted at Manuel.Gurule@lewisbrisbois.com Read the full story...

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Second Circuit Revives Policyholder’s Negligence Claim Against Agent

December 08, 2025 — Latosha M. Ellis, Geoffrey B. Fehling & Yosef Itkin - Hunton Insurance Recovery Blog
From insurance agents and wholesalers to risk consultants and policyholders, there are many parties involved in commercial insurance transactions. While each has an important part to play, the policyholder-agent relationship is particularly important to ensure both sides understand their respective roles and obligations when an agent assists in obtaining coverage. The Second Circuit Court of Appeals recently provided important guidance under New York law about the scope of an insurance agent’s responsibilities, particularly when an agent, at a policyholder’s request, expressly takes on tasks beyond simply procuring coverage. The decision underscores that an agent’s obligations can extend beyond standard procurement duties by express agreement, though the outcome could differ under the law of another jurisdiction. Reprinted courtesy of Latosha M. Ellis, Hunton Andrews Kurth LLP, Geoffrey B. Fehling, Hunton Andrews Kurth LLP and Yosef Itkin, Hunton Andrews Kurth LLP Ms. Ellis may be contacted at lellis@hunton.com Mr. Fehling may be contacted at gfehling@hunton.com Mr. Itkin may be contacted at yitkin@hunton.com Read the full story...

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AI & Digital Tools on Construction Projects: Contract Risks to Address Before Peak Season

April 08, 2026 — Meghan Douris - The Construction Seyt
Artificial intelligence and advanced digital tools are no longer experimental on construction projects. In Q1 of 2026, we can already see how they are already influencing schedules, estimates, submittals, safety reporting, and day‑to‑day project documentation. As peak construction season approaches, many teams are accelerating adoption of AI to gain efficiency. What often lags behind, however, is the contract framework governing how those tools are used—and how their outputs are treated when something goes wrong. On sophisticated construction projects, that gap can quickly become a dispute driver. Read the full story...
Reprinted courtesy of Meghan Douris, Seyfarth Shaw LLP
Ms. Douris may be contacted at mdouris@seyfarth.com

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Top Developments 2025 - Issue 4

December 22, 2025 — John S. Anooshian, Paul A. Briganti, Elizabeth L. Ferguson, Alexandra M. George & Haley S. Newman - The Complex Insurance Coverage Reporter
“ARISING OUT OF” Rowe v. State Mut. Ins. Co., 2025 Me. LEXIS 89 (Me., Sept. 23, 2025) Maine Supreme Court, in the premises liability context, holds that an exclusion in a mobile homeowners policy for injury or damage "arising out of a premises . . . that is not an insured location'” precluded coverage for underlying negligent failure-to-warn claims. The court looked to authority from a workers compensation case, where it stated that “the term ‘arising out of' employment means that there must be some causal connection between the conditions under which the employee worked and the injury, or that the injury, in some proximate way, had its origin, its source, or its cause in the employment. . . . [T]he employment need not be the sole or predominant causal factor for the injury and . . . the causative circumstance need not have been foreseen or expected.” In this case, it found there to be “an immediate relationship between the injury and a condition of the uninsured premises” (specifically, a gap created by the owner-insured at the entrance to a mobile home), and rejected the claimant’s argument that the injury instead arose from the insureds’ negligent conduct in failing to warn. Separately, the court held that the property did not qualify as an “insured location,” reasoning it was not listed in the declarations and there was no evidence the insureds had resided there or acquired it for use as a residence. Reprinted courtesy of John S. Anooshian, White and Williams LLP, Paul A. Briganti, White and Williams LLP, Elizabeth L. Ferguson, White and Williams LLP, Alexandra M. George, White and Williams LLP and Haley S. Newman, White and Williams LLP Mr. Anooshian may be contacted at anooshianj@whiteandwilliams.com Mr. Briganti may be contacted at brigantip@whiteandwilliams.com Ms. Ferguson may be contacted at fergusone@whiteandwilliams.com Ms. Newman may be contacted at newmanh@whiteandwilliams.com Read the full story...

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Lawmakers Vote to Reauthorize Programs to Support Water Quality, Coastal Protection

April 20, 2026 — Pam McFarland - Engineering News-Record
The U.S. House of Representatives has passed a package of 14 bills that includes measures to reauthorize several U.S. Environmental Protection Agency programs to protect and restore critical water ecosystems, expand access to broadband, reduce regulatory requirements on airport projects and programs and lower costs of federal buildings. Read the full story...
Reprinted courtesy of Pam McFarland, Engineering News-Record
Ms. McFarland may be contacted at mcfarlandp@enr.com

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GRSM Secures Illinois Appellate Victory for Architectural Firm in Implied Warranty Dispute

May 14, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani Partner Jonathan Federman, Partner Thomas Cronin, and Senior Counsel Garrett Lee recently secured a victory in the Illinois Appellate Court, Fifth District, on behalf of the firm’s client, an architectural firm, in a liability dispute. The case arose following an entity’s purchase of a 111-unit building for use as an investment or rental property. The plaintiff made claims against the architect of the building, alleging that there were design defects that breached an implied warranty, as well as a negligence claim. GRSM argued that an architect could not be liable for implied warranties, particularly for an implied warranty which no Illinois court has ever recognized. GRSM further argued that Illinois law bars an architect from liability for negligence arising from a duty pursuant to contract under the economic loss doctrine. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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Florida's Third DCA Reasserts the Teeth of Chapter 558 and the Future of Construction Defect Litigation

February 23, 2026 — Ryan C. Brooks & Keith G. Salhab - Wood Smith Henning & Berman LLP
The case of Moss & Associates, LLC v. Daystar Peterson and Brickell Heights East Condominium Association, I
No Coverage for Repairs Made Before Suit Filed

NTSB Outlines Pittsburgh Bridge Structure Specifics, Finding Collapse Cause Will Take Months

Lending Plunges to 17-Year Low as Rates Curtail Borrowing

Real Estate & Construction News Roundup (12/4/24) – Highest Rate of Office Conversions, Lending Caps for Fannie Mae and Freddie Mac and Affordability Challenges for Homebuyers

Is Your Business Insured for the Coronavirus?

Fence Attached to Building Covered Under Dwelling Provisions

What You Need to Know About Additional Insured Endorsements

Washington High Court Holds Insurers Bound by Representations in Agent’s Certificates of Insurance

Corps Releases Final Report on $29B Texas Gulf Coast Hurricane Defense Plan

Will O'Neill Joins Newmeyer Dill
SEC Proposes Rule Requiring Public Firms to Report Climate Risks

Surfside Condo Collapse Investigators Have Nearly Finished Technical Work

Tampa Team Obtains Highly Favorable Verdict for Property Owner Client in Lawsuit over Traffic Accident

Homeowner may pursue negligence claim for construction defect, Oregon Supreme Court holds

Nevada Senate Minority Leader Confident about Construction Defect Bill

Construction Contract Provisions that Should Pique Your Interest

Mitigating Mold Exposure in Manufacturing and Multifamily Buildings

Vaccine Mandate Confusion Continues – CMS Vaccine Mandate Restored in Some (But Not All) US States

Review the Terms and Conditions of Purchase Orders- They Could be Important!

Oregon Codifies Tall Wood Buildings

The Preservation Maze

Advice to Georgia Homeowners with Construction Defects

8 Secrets About Working with Contractors – Bad Contractor Series Part 5

Are You a Construction Lienor?

DC District Court Follows Ninth Circuit’s Lead Dismissing NABA’s Border Wall Case

The General Assembly Seems Ready to Provide Some Consistency in Mechanic’s Lien Waiver

Toll Brothers Honored at the Shore Builders Association of Central New Jersey Awards

Los Angeles Team Obtains Favorable Verdict for Client in High-Stakes Slip-and-Fall Case

Up in Smoke - 5th Circuit Finds No Coverage for Hydrochloric Acid Spill Based on Pollution Exclusion

Payne & Fears LLP Recognized by Best Lawyers in 2024 “Best Law Firms” Rankings

Supreme Court of Canada Broadly Interprets Exception to Faulty Workmanship Exclusion

Defense Victory in Breach of Fiduciary Action

Meet the Forum's Neutrals: TOM DUNN

Estoppel Certificate? Estop and Check Your Lease

Court Extends Insurer Rights to Equitable Contribution

3M PFAS Water Settlement Could Reach $12.5B

TOP TAKE-AWAY SERIES: The 2023 Annual Meeting in Vancouver

Contractors: Revisit your Force Majeure Provisions to Account for Hurricanes

PSA: Pay If Paid Ban Goes into Effect on January 1, 2023

EPA and the Corps of Engineers Repeal the 2015 “Waters of the United States” Rule

Ball Janik LLP Elevates Construction Litigation Attorneys Keegan A. Berry and Nicholas B. Vargo to Partner

Eighth Circuit Rejects Retroactive Application of Construction Defect Legislation

South Carolina Legislature Defines "Occurrence" To Include Property Damage Arising From Faulty Workmanship

North Dakota Universities Crumble as Oil Cash Pours In

Los Angeles Is Burning. But California’s Insurance Industry Is Not About to Collapse.

Colorado Supreme Court to Hear Colorado Pool Systems, Inc. v. Scottsdale Insurance Company, et al.

Did You Really Accept That Bid? – How Contractors Can Avoid Post-Acceptance Bid Disputes Over Contract Terms

When Every Drop Matters, Cities Turn to Watertech

Over a Hundred Thousand Superstorm Sandy Cases Re-Opened

A Tort, By Any Other Name, is Just a Tort: Massachusetts Court Bars Contract Claims That Sound in Negligence

On-Site Supersensing and the Future of Construction Automation – Discussion with Aviad Almagor

Real-Estate Pros Fight NYC Tax on Wealthy Absentee Owners

Happenings in and around the 2016 West Coast Casualty Seminar

Naples, Florida, Is Getting So Expensive That City Workers Can’t Afford It

Fixed Price, Fluid Quantities: The Hidden Risks in Lump Sum Agreements with Variable Units

Lender Seeks Millions From Lendlease for LA 'Graffiti Building' Suit Costs

Insured's Complaint Against Flood Insurer Survives Motion to Dismiss

Insurer’s Optional Appeals Process Does Not Toll Statute of Limitations Following Unequivocal Written Denial

Economic Loss Doctrine Bars Negligence Claim Against Building Company Owner, Individually

When OSHA Cites You