PHILLIPSVILLE CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Risks of Using an AI Chatbot for Legal Advice: Lessons from United States v. Heppner

April 08, 2026 — Payne & Fears LLP
Imagine that you are an executive (who is not a lawyer) and are concerned about what your company plans to do is legal. You could call your lawyer who might bill you for the call. Or, you can ask your AI chatbot, such as Claude or ChatGPT, about the legal risk. The chatbot will likely compliment you on the incisive question, provide you with highly confident answer (that may or may not be right) and will not bill you on an hourly basis. That is essentially what financial services executive Bradley Heppner did. It did not end well. A federal court recently ruled that Heppner’s chats with the AI tool Claude were not protected by attorney-client privilege or the work-product doctrine. That means that the other side (in this case, the federal government) could get access to his chatbot prompts, uploads and responses, and learn a great deal about, for example, whether Heppner knew what he was doing was illegal. Read the full story...
Reprinted courtesy of Payne & Fears LLP

---

Real Estate & Construction News Roundup (10/29/25) – Office Market Bounces Back, Senate Passes ROAD to Housing Act, and CRE Embraces Blockchain

November 03, 2025 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, lab space real estate faces challenges, demand for data creates power brokers, the cost burden of sports stadiums, and more!

• The U.S. office market is bouncing back, entering a growth cycle after years of fighting vacancies. (Joe Burns, Construction Dive)
• Cities eager to tout privately financed sports stadiums are still spending big through tax breaks, land deals and public financing that shift costs back to taxpayers. (Vicky Uhland, Construction Dive)
• The Senate passed a bipartisan bill on October 9 that aims to boost the nation’s housing supply with a wide range of methods. (Julie Strupp, Multifamily Dive)

Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

---

No Cross-Complaint Needed: Contractor Can Fight Co-Defendant’s Summary Judgment

October 21, 2025 — Keith E. Smith - Wood Smith Henning & Berman LLP
In a decision of first impression, the California Court of Appeal in RND Contractors, Inc. v. WRSE (2025) 112 Cal.App.5th 697, clarified whether a co-defendant may oppose another defendant's motion for summary judgment without having first filed a cross-complaint. The case arose from the collapse of a high school gymnasium during construction, leading to negligence, wrongful death, and premises liability claims against the project participants. The court held that "any adverse party" may oppose another party's motion for summary judgment, even if the Plaintiff does not oppose the motion and there is no cross-complaint filed by the co-defendant opposing summary judgment. This ruling resolves a novel procedural question which had not been addressed by any Court of Appeal in California to date. Read the full story...
Reprinted courtesy of Keith E. Smith, Wood Smith Henning & Berman LLP
Mr. Smith may be contacted at kesmith@wshblaw.com

---

Top 10 Insurance Cases of 2025

January 26, 2026 — Jeffrey J. Vita, Michelle A. Grieco, Kiley Stackpole - Saxe Doernberger & Vita, P.C.
The insurance landscape continues to evolve, shaped by litigation that tests the limits of policy language, coverage obligations, and public policy considerations. In 2025, courts across the country issued several significant rulings that will influence how insurers and policyholders navigate claims and risks. Notable trends in 2025 include disputes over property coverage for wildfire and smoke damage, the treatment of interrelated claims under successive D&O policies, enforcement of arbitration clauses in international insurance contracts, and general liability coverage issues—such as construction exclusions for phased projects and limits on coverage for losses tied to the opioid crisis. This publication spotlights the top insurance cases of 2025, highlighting their legal reasoning, practical implications, and impact for policyholders—plus a look ahead at key cases to watch in 2026. Reprinted courtesy of Jeffrey J. Vita, Saxe Doernberger & Vita, P.C., Michelle A. Grieco, Saxe Doernberger & Vita, P.C. and Kiley Stackpole, Saxe Doernberger & Vita, P.C. Mr. Vita may be contacted at JVita@sdvlaw.com Ms. Grieco may be contacted at MGrieco@sdvlaw.com Ms. Stackpole may be contacted at KStackpole@sdvlaw.com Read the full story...

---

CARB Issues Proposed Climate Disclosure Regulations

January 13, 2026 — Michael S. McDonough, Ashleigh Myers & Karen Eskander - Gravel2Gavel Construction & Real Estate Law Blog
On December 9, 2025, the California Air Resources Board (CARB) issued proposed regulations and a staff report for California’s comprehensive climate disclosure laws, the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261). These proposed regulations come less than a month after the Ninth Circuit issued an injunction temporarily halting enforcement of SB 261, at least until a January 9, 2026, hearing on the plaintiffs’ requested longer-term injunction through the remainder of the First Amendment challenge to the laws. The draft regulations would adopt some, but not all, of the provisions proposed by CARB in its public workshops on the laws to date, and notably would scale back applicability to those companies above a threshold level of sales in the state. The proposed regulations also define key terms, establish the program fee structures, explain fee enforcement and set initial reporting timelines. The written comment period begins on December 26, 2025, and ends on February 9, 2026. CARB will hold a public hearing on the proposed regulations on February 26, 2026 at 9 a.m. PST. Reprinted courtesy of Michael S. McDonough, Pillsbury, Ashleigh Myers, Pillsbury and Karen Eskander, Pillsbury Mr. McDonough may be contacted at michael.mcdonough@pillsburylaw.com Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Eskander may be contacted at karen.eskander@pillsburylaw.com Read the full story...

---

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 discuss 7 key points to address in each contract. I concur for the most part, although want to point out that some of them (such as the regular monitoring and documentation bullet point) are deserving of their own post, as there is a *lot* that can and does go wrong during the construction administration phase. Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett P
Meet the Forum's In-House Counsel: SONYA SEEDER

Wilke Fleury Celebrates the Addition of Two New Partners

Motion to Dismiss Insureds' Counterclaim on the Basis of Prior Knowledge Denied

French Laundry Spices Up COVID-19 Business Interruption Debate

Quick Note: Burden of Proving and Defending All Risk Property Insurance Claims

Word of the Day: “Contractor”

Deescalating Hyper Escalation

Is it the End of the Lease-Leaseback Shootouts? Maybe.

Dispute Among Joint Venture Partners and Joint Venture Agreement

Ahlers Cressman & Sleight PLLC recognized by Construction Executive in The Top 50 Construction Law Firms™ of 2025

Construction Upturn in Silicon Valley

Thanks to All for My 9th Straight Super Lawyers Election

New Report: Civil Engineering Salaries and Job Satisfaction Are Strong and Climbing at a Faster Rate Than Past Reports

The 411 on the New 415 Location of the Golden State Warriors

Hilti Partners with Canvas, a Construction Robotics Company

The Condominium Warranty Against Structural Defects in the District of Columbia

Righting Past Wrongs Through Equitable Development

OSHA Fines Alabama Contractor After Site Manager Electrocuted

Proposed Changes to Federal Lease Accounting Standards

County Officials Refute Resident’s Statement that Defect Repairs Improper

Jobsite Safety, Workforce Shortage Drive Innovation in Machine Automation

Haight’s Stevie Baris Selected for Super Lawyers’ 2021 Northern California Rising Stars

Want More Transit (and Federal Funding)? Build Housing That Supports It

DA’s Office Checking Workers Comp Compliance

Maryland Finally set to Diagnose an Allocation Method for Progressive Injuries

Significant Issues Test Applies to Fraudulent Claims to Determine Attorney’s Fees

Gary Bague Elected Chairman of ALFA International’s Board of Directors

Constructive Suspension (Suspension Outside of an Express Order)

U.S. Homeowners Are Lingering Longer, and the Wait Is Paying Off

L.A. Mixes Grit With Glitz in Downtown Revamp: Cities

California’s Skilled and Trained Workforce Requirements: Public Works and AB 3018, What You Need to Know

Economy in U.S. Picked Up on Consumer Spending, Construction

Your Work Exclusion Applies to Damage to Tradesman's Property, Not Damage to Other Property

Gen Xers Choose to Rent rather than Buy

General Release of Contractor Upheld Despite Knowledge of Construction Defects

Montana Federal Court Holds that an Interior Department’s Federal Advisory Committee Was Improperly Reestablished

Repeated Use of Defective Fireplace Triggers Duty to Defend Even if Active Fire Does Not Break Out Until After End of Policy Period

The EEOC Is Actively Targeting the Construction Industry

Real Estate & Construction News Round-Up (08/24/22) – Local Law 97, Clean Energy, and IRA Tax Credits

New York Court Rejects Owner’s Bid for Additional Insured Coverage

Woman Files Suit for Property Damages

No Cherry Picking: Direct Benefits Estoppel and Binding Non-Parties to Arbitration

Federal Court Strikes Down 'Persuader' Rule

Second Circuit Revives Policyholder’s Negligence Claim Against Agent

Georgia Amends Anti-Indemnity Statute

Cybersecurity "Flash" Warning for Construction and Manufacturing Businesses

Soot Constitutes Property Damage

Don’t Ignore the Dispute Resolution Provisions in Your Construction Contract

Utah Supreme Court Allows Citizens to Block Real Estate Development Project by Voter Referendum

Consumer Prices Rising as U.S. Housing Stabilizes: Economy

Update Coverage for Construction Defect Claims in Colorado

GSA Releases Updated Standards to Accelerate Federal Buildings Toward Zero Emissions

Montrose Language Interpreted: How Many Policies Are Implicated By A Construction Defect That Later Causes a Flood?

The Court of Appeals Holds That Indifference to Safety Satisfies the Standard for a Willful Violation Under WISHA

Subcontractor Not Liable for Defending Contractor in Construction Defect Case

Construction Defect Claim Survives Insurer's Summary Judgment Motion Due to Lack of Evidence

Climate Superfund Litigation: Courts Split on Venue and Intervention in New York and Vermont Cases

Arbitration Clause Found Ambiguous in Construction Defect Case

Another Guilty Plea in Las Vegas HOA Scandal

25 Years of West Coast Casualty’s Construction Defect Seminar

Another Reminder that Contracts are Powerful in Virginia

Lumber Liquidators’ Home-Testing Methods Get EPA Scrutiny

Oregon Supreme Court Confirms Broad Duty to Defend

More Details Emerge in Fatal Charlotte, NC, Scaffold Collapse

Business Risk Exclusions Dismissed in Summary Judgment Motion
an>

Reminder: Pay if Paid Not All Encompassing (but Could it be?)

Contractor Gets Benched After Failing to Pay Jury Fees

Modification: Exceptions to Privette Doctrine Do Not Apply Where There is No Evidence a General Contractor Affirmatively Contributed to the Injuries of an Independent Contractor’s Employee

House Committee Kills Colorado's 2015 Attainable Housing Bill

Construction Reaches Half-Way Point on San Diego's $2.1 Billion Mid-Coast Trolley

Trump Replaces Architect to Lead $300 Million Ballroom Design