PALM DESERT CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Measure Twice, Cut (the Check) Once: Liability for Cybercrime and How to Avoid It

December 15, 2025 — Curt Martin, Richard Volack & Quinn Kuriger - ConsensusDocs
The well-known maxim among carpenters – “measure twice, cut once” – serves as a prudent reminder in the context of construction progress payments, which have become increasingly vulnerable to cybercriminal activity. Consider the following scenario: a joint venture contractor had been receiving progress payments via wire transfer from the project owner. A cybercriminal infiltrated the contractor’s IT infrastructure, identified a pending invoice, and impersonated an employee to redirect the payment. The hacker initially requested that the funds be sent to a new account in rural New York under the general contractor’s name, rather than to the joint venture’s established Houston account. The owner wisely inquired why it should pay the general contractor and not the joint venture who the owner had paid on the prior twenty-nine progress payments. The hacker quickly corrected its request, submitted a new request that misspelled the joint venture’s name, and specified ACH to a third bank, this time in Florida. Despite these glaring red flags, the owner less wisely wired $460,000 to the hacker’s account. Reprinted courtesy of Curt Martin, Peckar & Abramson, P.C. , Richard Volack, Peckar & Abramson, P.C. and Quinn Kuriger, Peckar & Abramson, P.C. Mr. Martin may be contacted at cmartin@pecklaw.com Mr. Volack may be contacted at rvolack@pecklaw.com Mr. Kuriger may be contacted

Additional Insured’s Claim for a Defense Is Dismissed

December 22, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The court dismissed the additional insured’s c

New York Amends Prompt Payment Act: Retainage Above 5% in Private Construction Contracts Now Void

February 10, 2026 — Mark A. Snyder, Levi W. Barrett, Patrick T. Murray & Skyler L. Santomartino - Peckar & Abramson, P.C.
In 2023 New York overhauled its Prompt Payment Act. The 2023 amendments, largely aimed at restricting the amount of retainage that can be withheld on private projects, were unclear about whether parties could contract around the statute, as they can with other provisions of the statute. The State Legislature recently clarified that issue. On December 19, 2025, New York enacted a new law, tightening the State’s Prompt Payment Act retainage laws by amending the Prompt Payment Act under General Business Law § 757. Under § 757, the new law renders void any contract provision in private construction contracts that requires retainage in excess of 5% of the total contract sum, meaning owners cannot hold more than 5% from their prime c

Trump Replaces Architect to Lead $300 Million Ballroom Design

December 30, 2025 — Skylar Woodhouse - Bloomberg
President Donald Trump has tapped a new architect to help plan his $300 million White House ballroom wing, assigning the former lead designer to a consultant role in the high-profile and controversial project. Shalom Baranes Associates, a Washington-based architecture firm, will design the ballroom that will be built in place of the demolished East Wing, according to a White House official. James McCrery, who was previously named to lead the project, will remain in a consulting role. “Shalom is an accomplished architect whose work has shaped the architectural identity of our nation’s capital for decades and his experience will be a great asset to the completion of this project,” White House spokesman Davis Ingle said. Read th

2026 Construction Outlook: Dampening Outlook With Some Potential Bright Spots

February 17, 2026 — Garret Murai - California Construction Law Blog
According to Dodge Construction Network’s Outlook 2026 Ebook, “the construction industry came roaring into 2025” – with large government investments through the Infrastructure Bill and the CHIPS Act (promoting investment in the domestic semiconductor industry), as well as outsized spending on data centers to support cloud and AI technology – but “throttled back significantly” due to “rapid changes to economic and fiscal policies.” These changes include short-term cost impacts due to tariffs and labor impacts due to the federal government’s immigration crackdown and long-term concerns following enactment of the One Big Beautiful Bill (OBBBA) which is anticipated to add $3.4 trillion to the federal deficit over ten years. Read the full story...
Reprinted courtesy of Garret Murai, Nomos
Mr. Murai may be contacted at gmurai@nomosllp.com

---

Construction and Design Contracts—They Are More Important Than You Might Think! (Law Note)

January 26, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
As regular readers of this Blog know, contracts are extremely important for all parties involved in a construction project. While verbal contracts can be enforced, a written contract, which is finely-tuned to your specific project, can save you a lot of time and money later on if the proverbial poo hits the fan. I recently read AIA’s take on contracts, in their Construction Risk Brief (which you should subscribe to [free] if you have not already). Their featured article is on “Best Practices for Construction Contracts”. In the piece, they d

Reducing Rework on Construction Projects Benefits Budget, Schedule and Financial Loss

February 10, 2026 — Brian Clarke - Construction Executive
The costs of not building it right the first time is statistically staggering—some research suggests up to 20% of the total project costs. This article highlights the costs of re-work, provides a financial worksheet to track the costs of re-work, and a trusted tool to help reduce the impact of re-work. Typically, when discussing rework, one thinks of the labor and material costs, but there are other costs associated with rework that are less easily quantified:

• Liquidated damages and related legal costs
• Potential for increasing safety incidents associated with rework
• Morale loss due to performing rework
• Loss of previously trained workers due to delays caused by rework
• Reputational l

  GRSM New York Founding Partner Mercedes Colwin Honored with 2025 Excellence in Diversity Award by PLUS Foundation

  November 09, 2025 — Gordon Rees Scully Mansukhani
  The Excellence in Diversity Award is presented annually to a member of the insurance industry who has demonstrated exceptional leadership and commitment to advancing diversity, equity, and inclusion within the profession. Honorees are recognized for creating meaningful change through mentoring, advocacy, thought leadership, and the development of inclusive policies and initiatives that broaden opportunities for underrepresente

  Court Conditionally Grants Mandamus Relief to Compel Appraisal

  February 02, 2026 — Tred R. Eyerly - Insurance Law Hawaii
  The court conditionally granted the insurer’s writ of mandamus to compel an appraisal after the trial court denied the insurer’s motion to compel appraisal. In re Am. Zurich Ins. Co., 2025 Tex. App. LEXIS 8932 (Tex. Ct. App. Nov. 20, 2025). The insureds, Jay Steinfeld and Barbara Winthrop (Steinfeld) ,hired Southhampton Group to build their home. Construction began in 2021. Southhampton Group obtained a builder’s risk policy from Zurich which named Steinfeld as an additional insured. Shortly before completion of the home, Sheet Metal Crafts, a subcontractor working on the home’s roof, caused a fire that substantially damaged the home. Read the full story...
  Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
  Mr. Eyerly may be contacted at te@hawaiilawyer.com

  ---

  Reminder: You Can’t Make Others Indemnify You for Your Own Actions

  January 13, 2026 — Christopher G. Hill - Construction Law Musings
  I have spoken about Virginia Code 11-4.1 and the prohibition on forcing others to indemnify for the actions of the indemnitees on a few occasions here at Construction Law Musings (See Uniwest Posts). The Western District of Virginia gave its take on indemnification clauses and why they need to be carefully drafted in a December 2024 case, Sauer Construction, LLC v. MC3 Solutions, LLC et al. In Sauer, the Court looked at, among other things, an indemnification provision between MC3, a subcontractor to Sauer, and MC3s sub-subcontractor, Bonitz Flooring Group. This was the relatively typical construction dispute where a general contractor sues a subcontractor and then that subcontractor sues its supplier and sub-subcontractors for indemnity pursuant to its contract. When faced with the indemnification claim, Bonitz argued that the indemnification provision violated the Va. Code 11-4.1 because it required Bonitz to indemnify MC3 for MC3’s actions. The provision follows the break. Read the full story...
  Reprinted courtesy of The Law Office of Christopher G. Hill
  Mr. Hill may be contacted at chrisghill@constructionlawva.com

  ---