Fairfax California Construction Expert Witness Directory

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

Legal 500 US Ranks Hunton’s Insurance Coverage Team Among Top Policyholder Practices in 2026 Guide

July 06, 2026 — Hunton Insurance Recovery Blog
Hunton’s insurance coverage practice was once again recognized among the nation’s top policyholder insurance practices, receiving a Band 2 national ranking in the 2026 United States Edition of The Legal 500 for Insurance: Advice to Policyholders. The Legal 500 recognizes firms solely based on merit through numerous factors including client feedback and peer input. Bolstering the team’s national recognition, several coverage lawyers received individual accolades: special counsel Lorelie “Lorie” S. Masters was named to The Legal 500’s Hall of Fame; team head Syed S. Ahmad and partner Michael S. Levine were named Leading Lawyers; and partners Andrea DeField and Latosha M. Ellis were named Next Generation Partners. In addition, partners Walter J. Andrews, Lawrence J. Bracken II, and Koorosh “KT” Talieh were recognized as Key Lawyers on the team. Read the full story...
Reprinted courtesy of Hunton Andrews Kurth LLP

Course of Construction Exclusions and the CGL Policy

July 20, 2026 — Anna M. Perry, Rachel S. Kindseth & Nina Catanzaro - Saxe Doernberger & Vita, P.C.
I. Course of Construction Exclusions Course of Construction (“COC”) exclusions are found on General Liability and excess liability policies, typically a wrap-up or project specific policy, and generally exclude “all property damage occurring during the course of construction.” Insurers claim COC exclusions are not problematic because they are intended to prevent an overlap in coverage between the general liability policy and first-party property Builder’s Risk policy. However, because General Liability policies and Builder’s Risk policies provide coverage for different risks, COC exclusions can create a gap in coverage for owners and contractors. Therefore, any exclusion on a wrap-up or project specific policy that limits coverage for property damage liability should be scrutinized, and amendments sought when warranted and commercially achievable, for owners, developers and contractors because General Liability policies do not cover the same risk as that of a Builder’s Risk policy. General liability policies provide defense and indemnity to the insured(s) for claims made by a third-party against the insured. Broad COC exclusions serve to preclude coverage for all property damage, not just property damage to the insured project. This includes property damage to property other than the insured project, e.g. an adjacent property. On the other hand, Builder’s Risk policies provide first-party property coverage for direct physical loss to the project during the course of construction. The Builder’s Risk policy will not provide coverage for property other than the project itself (e.g., adjacent property) and it will not provide a defense or indemnity in the event the owner of the damaged property brings a claim against a potentially at-fault party. Reprinted courtesy of Anna M. Perry, Saxe Doernberger & Vita, P.C., Rachel S. Kindseth, Saxe Doernberger & Vita, P.C. and Nina Catanzaro, Saxe Doernberger & Vita, P.C. Ms. Perry may be contacted at APerry@sdvlaw.com Ms. Kindseth may be contacted at rkindseth@sdvlaw.com Ms. Catanzaro may be contacted at NCatanzaro@sdvlaw.com Read the full story...

In-House Insight at CSC

October 26, 2026 — Elaine Y. Lee - Peckar & Abramson, P.C.
Elaine Y. Lee, Partner in P&A’s Los Angeles office, sat down with Third Thursday to discuss effective collaboration with in-house counsel, strategies for resolving construction disputes, and the factors that can help determine the best path forward. This discussion previews her upcoming Construction Super Conference panel, “Same But Different: How In-House Legal Teams Vary in Approach, Role, and Decision-Making,” on December 2nd. Read the full story...
Reprinted courtesy of Elaine Y. Lee, Peckar & Abramson, P.C.
Ms. Lee may be contacted at elee@pecklaw.com

HDR Agreed to $12M Settlement With Miami Bridge Design-Build Team

May 12, 2026 — Richard Korman - Engineering News-Record
HDR last year agreed to pay $12 million to the design-build construction contractor Archer Western-de Moya Group to settle its claims that the engineer had incompletely designed and under-designed Miami's new Signature Bridge when the joint venture committed to a fixed price prior to construction in 2018. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

Voluntary Dismissal of an Indemnity Claim Does Not Make the Subcontractor a “Prevailing Party,” Washington Court of Appeals Holds

September 21, 2026 — Margarita Kutsin - Ahlers Cressman & Sleight PLLC
In King County v. Walsh Construction Company II, LLC, No. 86503-0-I (Wash. Ct. App. Aug. 4, 2025), an unpublished decision from Division I of the Washington Court of Appeals, the Court affirmed the denial of a subcontractor’s request for prevailing-party attorney fees under an indemnity clause after the general contractor voluntarily dismissed its indemnity claims. Because the indemnity claim was no longer live and no determination of fault had occurred, the Court held that the trial court did not err in denying the request. ACS represented Walsh, the general contractor, in securing the denial of the fee request at the trial court that the Court of Appeals affirmed. A Pass-Through Indemnity Claim That Ended Before Fault Was Decided The dispute arose out of a public works contract under which King County hired Walsh Construction Company II, LLC (“Walsh”) to construct and install a conveyance pipeline. After the pipeline broke, King County sued Walsh for breach of contract and warranty, expressly identifying both Walsh and its subcontractor, Mears Group Inc., (“Mears”) as responsible. Walsh tendered defense and indemnity to Mears under the subcontract. Read the full story...
Reprinted courtesy of Margarita Kutsin, Ahlers Cressman & Sleight PLLC
Ms. Kutsin may be contacted at margarita.kutsin@acslawyers.com

Nomos LLP Partner Garret Murai Recognized by Super Lawyers

July 13, 2026 — Garret D. Murai - California Construction Law Blog
Nomos LLP Partner Garret Murai has been recognized as a 2026 Northern California Super Lawyer honoree in the area of Construction Litigation. This is the thirteenth consecutive year he has been recognized by Super Lawyers. Super Lawyers, an annual listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and personal achievement, is limited to no more than five percent (5%) of lawyers in a state who are selected through a multiphase process that includes a statewide survey of lawyers, independent research evaluation and peer reviews by practice area. Read the full story...
Reprinted courtesy of Garret D. Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

The Best Lawyers in America® - Ball Janik Attorneys Earn Multiple Recognitions

September 01, 2026 — Ball Janik LLP
Orlando, FL, August 20, 2026 – Ball Janik LLP is pleased to announce that 24 of its attorneys have been recognized in the 2027 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America. The 33rd Best Lawyers edition recognitions are based on peer review and highlight attorneys across a range of practice areas. This recognition underscores the broad experience Ball Janik's attorneys bring to the firm's construction defect practice. "We're proud to be recognized by Best Lawyers again this year," said James C. Prichard, Managing Partner of Ball Janik LLP. "These honors reflect the expertise and depth of our team, our continued growth across Florida, and our commitment to providing strong counsel to clients in complex construction, insurance recovery, and litigation matters." Ball Janik attorneys recognized in the 2027 edition of The Best Lawyers in America® include: Keegan A. Berry — Construction Law Brian T. Crevasse — Construction Law; Litigation - Construction Todd Demetriades — Litigation - Construction Joseph R. Fitos — Construction Law; Litigation - Construction Megan A. Picataggio — Construction Law Jon E. Lemole — Construction Law; Litigation - Construction Salvatore G. Scro — Construction Law Nicholas B. Vargo — Construction Law; Litigation - Construction Kelly M. Corcoran — Construction Law Gabriel Z. Coelho — Construction Law Evan J. Small — Construction Law; Litigation - Construction Franchesco Soto — Construction Law; Litigation - Construction Phillip E. Joseph — Litigation - Construction; Real Estate Law James C. Prichard — Construction Law Ball Janik attorneys recognized in the 2027 edition of Best Lawyers: Ones to Watch® in America include: Nicholas Passantino — Litigation - Construction Amanda L. Gonzalez — Construction Law; Litigation - Construction Morgan N. Lester — Litigation - Construction Chris S. Tribbey — Construction Law Kyle Bugden — Construction Law; Litigation - Construction Brian Tannenbaum — Construction Law Kayla Mosquera — Insurance Law Natasha L. Biela — Commercial Litigation Elijah C. Waring, Jr. — Product Liability Litigation - Defendants Greg K. Demers — Construction Law About Ball Janik LLP Ball Janik LLP is a Florida-based law firm offering construction defect, construction law, insurance recovery, and commercial litigation counsel, to its local and national clients. The firm was founded in 1982 and has expanded its capabilities, professionals, and geographic footprint. What started as a small firm focused on real property, land use, and litigation (known then as Ball Janik & Novack) has grown to a team of 70-plus attorneys and paralegals in five offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, including for its construction law capabilities in Florida, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, Super Lawyers, and Corporate International. Read more at www.balljanik.com.

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