BEN LOMOND CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

DOI Finalizes Long-Awaited Modernization of Type A Natural Resource Damage Assessment Regulations

August 03, 2026 — Amanda G. Halter, Ashleigh K. Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law Blog
For nearly three decades, the U.S. Department of the Interior’s (DOI) simplified “Type A” Natural Resource Damage Assessment (NRDA) regulations were available more in theory than in practice, constrained by dated models, narrow geographic applicability and a $100,000 cap that rarely matched the economics of modern environmental claims. DOI has now finalized revisions to the Type A natural resource damages assessment procedures under 43 C.F.R. Part 11 for hazardous substance releases under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Clean Water Act (CWA), with the final rule published in the Federal Register on July 13, 2026 and scheduled to become effective August 12, 2026. As discussed previously, DOI has sought to modernize what it views as an “inefficient and inflexible” process and restore the Type A procedure to its intended role as a more streamlined pathway for smaller, less contentious NRD claims. The final rule adopts a $5 million default damages threshold, allows use above that amount if all parties agree, clarifies that Type A may be used in all environments and for all natural resource types, and removes legacy model appendices that had tethered the process to outdated formulas. Reprinted courtesy of Amanda G. Halter, Pillsbury, Ashleigh K. Myers, Pillsbury and Jillian Marullo, Pillsbury Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Read the full story...

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White and Williams LLP Secures a Clean Sweep Dismissal of Architect's Professional Liability Coverage Lawsuit

August 16, 2026 — Daniel E. Bryer & Brendaliz Minaya Ruiz - White and Williams LLP
White and Williams LLP achieved a complete dismissal of professional liability coverage claims through a strategic defense led by Insurance Coverage and Bad Faith Practice Group attorneys Daniel E. Bryer, Partner and Brendaliz Minaya Ruiz, Associate. In a nuanced action styled, Vincent Cusumano Architect P.C., et al. v. Berkshire Hathaway Direct Insurance Company, et al., decided in the U.S. District Court for the District of New Jersey, plaintiffs asserted twelve pre-contractual and contractual-based causes of action against their liability insurer, Berkshire Hathaway Direct Insurance Company, and its insurance agent (collectively, “Defendants”) for denying a professional liability claim arising from plaintiffs’ prior work. Reprinted courtesy of Daniel E. Bryer, White and Williams LLP and Brendaliz Minaya Ruiz, White and Williams LLP Mr. Bryer may be contacted at bryerd@whiteandwilliams.com Ms. Ruiz may be contacted at minayaruizb@whiteandwilliams.com Read the full story...

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Four Kahana Feld Attorneys Selected to 2027 Southern California Super Lawyers® and Rising Stars Lists

August 16, 2026 — Kahana Feld
IRVINE, CA – Aug. 3, 2026 – Kahana Feld is pleased to announce that partners Jason Feld, Amir Kahana, and Sharon Oh-Kubisch were selected to the 2027 Southern California Super Lawyers list, and attorney Hannah Ellenhorn Bloom was selected to the 2027 Southern California Super Lawyers Rising Stars list. Jason Feld was recognized in the area of Construction Litigation. He is a founding partner of Kahana Feld and focuses his practice on the defense of homebuilders, contractors, developers, and real estate professionals primarily in construction defect, general liability, insurance defense, construction accident, and real estate matters. He also represents government entities handling construction, premises liability, general liability, and environmental claims. He serves as panel counsel for many prominent insurance carriers, as well as personal counsel to several national and regional homebuilders, developers, and general contractors. Read the full story...
Reprinted courtesy of Kahana Feld

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Owner Taking Assignment of General Contractor’s Claims Against a Subcontractor(s)

September 21, 2026 — David Adelstein - Florida Construction Legal Updates
Here’s a scenario that occurs in construction defect cases. An owner sues a general contractor and subs for construction defects. The owner settles with a number of parties and takes an assignment of the general contractor’s claims against some or all of the subs and pursues the remaining parties for indemnity based on the assignment of the general contractor’s claims. This was the scenario in Craftsman Plastering and Lath, Inc. v. Rath Mor, LLC, 2026 WL 2328032 (Fla. 4th DCA 2026). The owner settled with the general contractor and all subs except one. The owner took an assignment of the general contractor’s claim against the sub, and really the indemnity claim. The owner was then substituted as the real party in interest as it relates to the general contractor’s claims against the sub. The owner sought roughly $780,000 in attorney’s fees and costs in connection with the dispute claiming the sub was liable for such fees. The jury didn’t buy the argument and awarded the owner about $55,000. Basically, the jury seemingly prorated the fees by the number of parties, at least, that’s how the math worked out. The owner didn’t like that and moved for an additur to increase the jury’s verdict which the trial court granted. This was reversed on appeal despite the fact that a trial court has broad discretion to grant a motion for additur. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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When Projects Go Off Schedule: Navigating Construction Delays and Disputes

October 20, 2026 — Shay Kulkarni - Peckar & Abramson, P.C.
Shay Kulkarni, Partner in P&A’s San Diego office, was recently featured on Racho Mesa Insurance Services’ StudioOne™ Safety and Risk Management Podcast Network, in an episode titled, “When Projects Go Off Schedule: Navigating Construction Delays and Disputes.” During the episode, Shay joins Josh Hill, Surety Account Executive at Rancho Mesa, to discuss the best practices for navigating delays, disruptions, and disputes that arise during construction projects. The conversation explores how careful contract review, thorough project documentation, timely notice, and proactive risk management can help contractors safeguard their rights and more effectively address potential conflicts. Read the full story...
Reprinted courtesy of Shay Kulkarni, Peckar & Abramson, P.C.
Mr. Kulkarni may be contacted at skulkarni@pecklaw.com

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Judge's Order Halts Google Data Center Project in Minnesota

July 27, 2026 — Annemarie Mannion - Engineering News-Record
Construction of a $1-billion Google data center planned by Ryan Cos. on 485 acres in southeastern Minnesota was expected to start in July but is now halted under a judge’s order. Read the full story...
Reprinted courtesy of Annemarie Mannion, Engineering News-Record
Ms. Mannion may be contacted at manniona@enr.com

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White and Williams LLP Secures Trio of Cyber Coverage Wins

May 12, 2026 — Gabriel Darwick & Sean Elman - White and Williams LLP
Three weeks, three jurisdictions, three cyber wins. White and Williams picked up the first victory on March 9, 2026, in the United States District Court for the Western District of Texas, where the court granted summary judgment to their client enforcing a Cyber Crime Loss sublimit. See Perry & Perry Builders, Inc. v. Cowbell Cyber and Obsidian Specialty Ins. Co., 2026 U.S. Dist. LEXIS 49409 (E.D. Tex. Mar. 9, 2026). In Perry, the insured was deceived into transferring money intended for a vendor to an unintended third party. The insurer acknowledged that the loss was covered and paid the insured the policy’s Cyber Crime Loss sublimit. Discontent with a single sublimit, the insured argued that because it wired the money to the fraudster in separate transfers, it was entitled to a second Cyber Crime Loss sublimit. Reprinted courtesy of Gabriel Darwick, White and Williams LLP and Sean Elman, White and Williams LLP Mr. Darwick may be contacted at darwickg@whiteandwilliams.com Mr. Elman may be contacted at elmans@whiteandwilliams.com Read the full story...

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Suit Limitation Provision Eliminates Wind Loss Claim

July 27, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The insurer’s motion for judgment on the pleadings was granted after the insured failed to file suit against the insurer within the policy’s two-year suit limitation provision. Interstate Investments, LLC v. Mt. Hawley Ins Co., 2026 U.S. Dist. LEXIS 98108 (S.D. N. Y. May 4, 2026). On or before June 27, 2023, a wind, hail and rainstorm damaged Interstate’s property in Oklahoma. Interstate filed a claim under its policy with Mt. Hawley. The policy provided that New York law applied and contained a two- year suit limitation provision. 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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