BERKELEY CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Lienor Dealing With “Show Cause” Summons by Condominium Unit Owner

September 01, 2026 — David Adelstein - Florida Construction Legal Updates
One of the statutory vehicles to shorten a construction lienor’s statute of limitations to foreclose on a construction lien is through a “show cause” summons that essentially requires the lienor to foreclose on the lien within 20 days from receipt of the “show cause” summons. This is a statutory procedure under Florida’s Lien Law in Fla. Stat. s. 713.21(4). If a lienor receives a “show cause” summons and lawsuit, the lienor should, without delay, counterclaim or file a separate lien foreclosure lawsuit within the 20-day period without exception. This is provided the lienor wants to move forward with its lien. If a lienor does not, the lien will be discharged of record. If you are a lienor and receive a “show cause” summons, please immediately consult with construction counsel that can best advise you and perfect your lien rights. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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EPA, Maryland Sue DC Water Over Massive Potomac River Sewage Spill

May 14, 2026 — Jim Parsons - Engineering News-Record
The state of Maryland and the federal government have filed separate lawsuits against the District of Columbia Water and Sewer Authority (DC Water), both alleging that the agency’s failure to address longstanding deterioration in the Potomac Interceptor contributed to a weeklong release of more than 240 million gallons of raw sewage into the Potomac River this past January. Read the full story...
Reprinted courtesy of Jim Parsons, Engineering News-Record
ENR may be contacted at enr@enr.com

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Alert: Fraudulent Notice of Nonpayment Defense Applies to Payment Bond Claims

April 27, 2026 — David Adelstein - Florida Construction Legal Updates
Under Florida’s Lien Law, there’s an affirmative defense or affirmative claim known as a “fraudulent lien.” The fraudulent lien defense or claim is set out in Florida Statute s. 713.31. This defense also extends to payment bond claims, whether under a private statutory payment bond (Florida Statute s. 713.23) or a public payment bond (Florida Statute s. 255.05), as it pertains to the notice of nonpayment. A notice of nonpayment needs to be served within 90 days from final furnishing to preserve a claimant’s rights against the bond. However, there really has not been a case, until now, that discusses a “fraudulent notice of nonpayment.” In K&M Electric Supply, Inc. v. Brown Electrical Solutions, LLC, 51 Fla.L.Weekly D672a (Fla. 4th DCA 2026), a prime contractor and surety prevailed at the trial level on their fraudulent notice of nonpayment defense based on a supplier’s notice of nonpayment and action against a public payment bond (under Florida Statute s. 255.05). Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Presumption of Prejudice Applies to All Affirmative Defenses Regarding Insured’s Failure to Comply with Post-Loss Policy Conditions

June 23, 2026 — David Adelstein - Florida Construction Legal Updates
n a recent property insurance coverage dispute, an issue on appeal pertained to the “prejudice” jury instruction associated with the insured’s failure to comply with post-loss policy conditions. The trial court found that the prejudice only pertained to prompt notice and not other post-loss policy conditions. This was reversed on appeal as prejudice applied to ALL the post loss policy conditions that the insured failed to comply with, not just the prompt notice requirement. The prejudice presumption applies to all affirmative defenses regarding an insured’s failure to comply with post-loss policy conditions. Consider this discussion when dealing with an insurer raising prejudice as an affirmative defense to do an insured’s failure to comply with post-loss policy conditions, and the associated burdens of proof: On appeal, [the insurer] contends the trial court erred by instructing the jury that the presumption of prejudice was inapplicable to all of its post-loss obligation defenses except prompt notice. We agree. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Your AEC Firm Has a Memory Problem. Here Is How to Fix It

June 01, 2026 — Aarni Heiskanen - AEC Business
AEC companies trying to operationalize AI often find they lack the data foundation on which to build. There may be an abundance of data hidden in documents, but you can’t reliably use it for AI. The lack of data quality was a key topic discussed at the AI in AEC 2026 conference. During the event, I met many experts working to solve this problem, including Pavlina Nikolova, Egnyte‘s EMEA AEC Practice Lead. The chat and her presentation highlighted the challenges and ways to overcome them. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

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Two Snell & Wilmer Attorneys Selected as 2026 San Diego Super Lawyers Rising Stars

May 14, 2026 — Snell & Wilmer
SAN DIEGO – Snell & Wilmer is pleased to announce that two attorneys in the San Diego office have been selected for inclusion in the 2026 San Diego Super Lawyers Rising Stars publication. Rising Stars is a listing of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. To be eligible for inclusion, a candidate must be either 40 years old or younger or in practice for 10 years or less. The selection process is multi-phased and includes independent research and peer nominations, with no more than 2.5 percent of the lawyers in the state named to the Rising Stars list. Read the full story...
Reprinted courtesy of Snell & Wilmer

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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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Cal Unity Bar Names Angela Zanin as Statewide President

August 11, 2026 — Lewis Brisbois
The California Unity Bar has named Los Angeles Partner Angela Zanin as its statewide president for the 2026-2027 term. This appointment follows Ms. Zanin's extensive involvement in the organization, including as the founding co-chair of the Los Angeles County Unity Bar in 2024 and as its chair for the 2024-2025 term. Ms. Zanin also has served as a member of the Executive Steering Committee of the California Unity Bar since 2025. In her inaugural message as president, which the Cal Unity Bar published in its newsletter of July 2026, Ms. Zanin stated that she vowed to continue the organization’s “commitment to promoting equal opportunities and embracing diversity, equity, and inclusion in the State of California.” She also noted that as she assumed the role of president, she thought of “the famous words of Dr. Martin Luther King, Jr.: ‘The arc of the moral universe is long, but it bends toward justice.”’ Ms. Zanin closed her message by observing, “At a time when the rule of law faces challenges, our alliance stands strong, built on trust and confidence in each other.” Read the full story...
Reprinted courtesy of Lewis Brisbois

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