EL VERANO CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

A Win for Clarity: What a Recent Federal Court Decision Means for Davis-Bacon Compliance

July 13, 2026 — Stephen E. Irving - Peckar & Abramson, P.C.
Following the Department of Labor’s 2023 Davis-Bacon rule changes, federal construction contractors faced a pressing question: not whether paying prevailing wages is required, but how far those obligations could extend. Could they reach off-site material suppliers? Delivery drivers? Contracts that omitted Davis-Bacon clauses entirely? A recent federal court decision in AGC of America v. US Department of Labor answers these questions in important ways, vacating several disputed provisions and giving contractors greater certainty when pricing, bidding, and administering federal construction projects. The ruling addresses three aspects of the 2023 regulations that sought to extend Davis-Bacon obligations beyond their traditional scope. By vacating those provisions, the decision creates a more predictable compliance environment and reinforces an important principle: Davis-Bacon enforcement works best when contractors, workers, and regulators operate under clear, objective rules. Read the full story...
Reprinted courtesy of Stephen E. Irving, Peckar & Abramson, P.C.
Mr. Irving may be contacted at sirving@pecklaw.com

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Arbitration Provision Must Be Incorporated into a Bond for Surety to Elect Arbitration

March 03, 2026 — David Adelstein - Florida Construction Legal Updates
“Sureties cannot exercise unilateral election rights that are reserved for the principal of the underlying contract.” Anderson Service Corp. v. Old Republic Surety Company, 2026 WL 61436, *2 (Fla. 4th DCA 2026). This was the holding in a recent case dealing with arbitration. In this case, a subcontractor entered into a contract with a contractor that gave the contractor the right to elect arbitration in Pennsylvania. A dispute arose and the subcontractor recorded a construction lien. The contractor transferred the lien to a lien transfer bond under Florida law. (The contractor was the principal of the lien transfer bond.) The lien transfer bond surety then moved to compel the subcontractor to arbitration based on the underlying subcontract. The trial court agreed to compel arbitration but this was reversed on appeal. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Congratulations to Reno Partner Karen Baytosh for Securing a Complete Dismissal via a Motion for Summary Judgment

July 13, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
BWB&O is proud to announce that Reno Partner Karen Baytosh received a significant victory on behalf of the firm’s Developer Client in a high-exposure personal injury matter. Plaintiff, a teenager, was struck by an intoxicated driver while walking her dog at night, sustaining catastrophic injuries requiring 24-hour critical care for the remainder of her life. Plaintiff’s Guardian brought suit against the drunk driver and her husband, the City, and BWB&O’s Developer Clients, alleging that the City and Developers failed to improve street lighting and install a sidewalk that would have prevented the accident. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

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Executive Order Addresses Wildfire Rebuilding Delays Through Federal Preemption of State and Local Permitting

February 10, 2026 — Olivia LaCasto & Josh Schneiderman - Snell & Wilmer
Quick Take On January 23, 2026, one year after the Los Angeles wildfires, the President issued Executive Order 14377 directing the Secretary of Homeland Security, acting through the Administrator of the Federal Emergency Management Agency (FEMA), and the Administrator of the Small Business Administration (SBA) to consider regulations that would preempt state and local permitting requirements for federally funded reconstruction projects in the Pacific Palisades and Eaton Canyon areas. The Order mandates expedited federal environmental and historic preservation reviews, directs the development of legislative proposals, and orders an audit of California’s use of Hazard Mitigation Grant Program (HGMP) funding. Key Provisions Federal Preemption of State and Local Permitting The Order directs FEMA and the SBA to consider promulgating regulations that would preempt state or local permitting processes found to have “unduly impeded” the timely use of federal emergency-relief funds by homeowners, businesses, or houses of worship seeking to rebuild. Under the proposed framework, preempted permitting regimes would be replaced with a self-certification requirement, whereby builders would certify to a federal designee that they have complied with all applicable substantive state and local health and safety standards. FEMA would retain authority to review all repairs and construction for compliance with applicable health and safety standards. Proposed regulations must be published within 30 days, with final regulations due within 90 days. Reprinted courtesy of Olivia LaCasto, Snell & Wilmer and Josh Schneiderman, Snell & Wilmer Ms. LaCasto may be contacted at olacasto@swlaw.com Mr. Schneiderman may be contacted at jschneiderman@swlaw.com Read the full story...

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ZEC 2.0: New York’s Zero Emissions Credit Program Gets an Extension and a Reboot

February 10, 2026 — Stephen J. Humes & Jason Drogin Atwood - Gravel2Gavel Construction & Real Estate Law Blog
In a landmark move that could shape New York’s energy landscape for decades, state officials have taken steps to both preserve its existing nuclear power facilities and significantly expand its advanced nuclear capacity. These actions are part of a broader strategy to maintain grid reliability and meet both escalating energy demand and the state’s ambitious greenhouse gas reduction and zero carbon goals. Renewing the Zero Emissions Credit Program On January 22, 2026, the New York Public Services Commission (PSC) unanimously voted to extend and reboot the Zero Emissions Credit program (now called ZEC 2.0) to ensure that New York’s four upstate nuclear reactors maintain operations through 2049. The program, which began in 2016, is designed to provide revenue subsidies for legacy nuclear facilities that have been facing financial difficulties in New York’s competitive wholesale power markets. State officials have stated that the benefits of ensuring the continued operations of these reactors far outweigh the costs due to the lack of zero-emissions alternatives and the importance of ensuring grid reliability in the face of escalating energy demand from large loads like data centers. Reprinted courtesy of Stephen J. Humes, Pillsbury and Jason Drogin Atwood, Pillsbury Mr. Humes may be contacted at stephen.humes@pillsburylaw.com Mr. Atwood may be contacted at jason.atwood@pillsburylaw.com Read the full story...

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Balancing the Right to Repair With Evidence Preservation in Construction Defect Litigation

April 20, 2026 — Benton Wheatley & Anna Spicer - Construction Executive
Every major construction project comes with risk, whether it’s a warehouse build, a multifamily development or a major renovation. Parties tend to be aligned when things are proceeding as planned. But when something goes wrong—cracked concrete, water intrusion, systems that don’t perform as expected—those interests can quickly diverge. Property owners are often caught in the middle when construction defects surface. They’re expected to act quickly to limit damage and costs. But they also have legal obligations to preserve evidence and allow potentially responsible parties, such as contractors or designers, to observe testing, demolition and repairs. Additionally, owners often have duties to lenders and investors to fix problems promptly and pursue claims against those responsible. Meanwhile, contractors and other parties have obligations of their own—not to interfere with repairs and not to delay mitigation efforts while investigations are underway. What follows will examine how those competing responsibilities play out in construction defect disputes. Reprinted courtesy of Benton Wheatley & Anna Spicer, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Newmeyer Dillion Partner Jeff Masters Recognized by Chambers USA for Representation of Insurance Policyholders

June 08, 2026 — Newmeyer Dillion
NEWPORT BEACH, Calif. – June 4, 2026 – Newmeyer Dillion is proud to announce that litigation partner Jeffrey D. Masters has been ranked among a select group of California lawyers representing insurance policyholders in the 2026 edition of Chambers USA. This marks two consecutive years of recognition for Masters by this prestigious international attorney rating resource. "This recognition by Chambers and Partners is a testament to Jeff’s dedication to our clients," said Managing Partner, Paul Tetzloff. "We are thrilled to see his hard work acknowledged and the level of passion and care that he delivers to clients fully recognized." Read the full story...
Reprinted courtesy of Newmeyer Dillion

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Fort Lauderdale Associate Secures Summary Judgment in Rare Premises Liability Win

February 23, 2026 — Lewis Brisbois Newsroom
Fort Lauderdale associate Kyle Hollander recently secured a summary judgment victory for his client, Winn-Dixie, in a contested premises liability case. This was a hotly disputed liability case of water on the floor near an ice cooler with surveillance footage of a customer constantly bringing bags of ice to and from the cooler to the register. The plaintiff unknowingly stepped into the area of dripped melted ice and fell. Kyle successfully argued based on the plaintiff’s own deposition testimony and the surveillance footage that Winn-Dixie didn’t have the requisite actual notice. Additionally, Kyle argued that the brief duration the condition remained on the floor was legally insufficient to establish constructive notice under Florida law. The Court agreed, finding that the evidence would not survive a directed verdict and granting summary judgment in favor of the defense. Read the full story...
Reprinted courtesy of Lewis Brisbois

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