ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Don’t Breach Your Contract, but If You Do, Don’t Breach First

December 22, 2025 — Christopher G. Hill - Construction Law Musings
Well, it’s been a while since my last post here at Musings due to travel, work, Thanksgiving, etc. so I thought I’d let a recent case remind us all that while breaching a construction contract is bad, doing it first is even worse. This is the so called “doctrine of first breach” that basically states that if both parties are in breach (or even just one), then the first to breach is the one that will bear the costs of breach. The doctrine also states that the one first to breach first can’t enforce any of its rights going forward. The plaintiff in SEG Props. LLC v. NTC Mazzuca Constr.,Inc., the Virginia Court of Appeals considered a first breach scenario that was pretty extreme. The basic facts are as follows: SEG hired Mazzuca to build a private shooting range and hired a property manager (Jones, Lang, LaSalle, Inc. (“JLL”)) as its project representative. Per the contract, if Mazzuca provided a payment application on or before the 25th of the month, payment was due by the 25th of the following month. In no event was payment to be made more than 30 days from receipt of the payment application by the owner’s representative. Even where there was a dispute, the undisputed amounts were to be paid. Mazzuca and JLL used a so called “pencil” method for payment applications that involved JLL reviewing the payment applications for errors and then a final payment application with the corrections being sent to the Architect. Needless to say there were change orders and disputes, but after the smoke cleared, it was obvious that from the first payment application, SEG had failed to make timely payment (for the whole saga, please read the case as it is too long for this post). Later, SEG terminated Mazzuca for cause upon one day’s notice that SEG would be supplementing Mazzuca’s workforce. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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“Number nine, Number nine…”: Newark Trial Team Obtains “No Cause” Verdict in Ninth Trial of Year

December 15, 2025 — Lewis Brisbois Newsroom
Newark, N.J. (October 21, 2025) - Starting their ninth trial of the year – eight juries, one bench – the trial team of Newark Partner Afsha Noran and Managing Partner Colin P. Hackett recently obtained a “No Cause” verdict for a national owner, developer, builder, and operator of real estate. While the trial was relatively short, totaling four days and eight witnesses, the “No Cause” verdict was nonetheless gratifying for the client and the New Jersey trial team. As in any slip/trip/fall action, the plaintiff alleged the firm client failed to properly maintain their retail space, which led to the plaintiff slipping, falling and fracturing a femoral condyle bone. This resulted in the plaintiff undergoing surgery and being wheelchair bound for over three months, as well as needing home modifications consisting of an exterior home ramp and commode. The plaintiff’s expert opined that the plaintiff was, is, and will continue to be in pain for the rest of her life, and will require pain management treatment and a future knee replacement. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Structuring Water Resilience for Data Center Development: Water Rights, Reuse Incentives, and Emerging Disclosure Risk

March 10, 2026 — Ashleigh Myers, Jillian Marullo & Jason Drogin Atwood - Gravel2Gavel Construction & Real Estate Law Blog
As AI-driven data center development accelerates, developers, communities and regulators are increasingly focused on water demand—both the volume required and the sources from which that water will be drawn. While industry attention has largely centered on electricity procurement and grid impacts, the availability and legal entitlement to a firm water supply has become equally material to siting, permitting and community acceptance. Particularly as surface and groundwater supplies become increasingly constrained and new projects are sited in regions experiencing tighter hydrologic conditions or growth-related supply constraints, project teams are increasingly integrating water supply analysis into early-stage development to address issues that can materially affect schedule, financing and long-term operations. Reprinted courtesy of Ashleigh Myers, Pillsbury, Jillian Marullo, Pillsbury and Jason Drogin Atwood, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Mr. Atwood may be contacted at jason.atwood@pillsburylaw.com Read the full story...

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Florida’s Proposed HB 255: A Quiet Shift That Could Reshape Condo Defect Liability

January 21, 2026 — Matt Maranges - ConsensusDocs
In Florida, developers and contractors work under strict clocks. Section 95.11(3)(b), Florida Statutes, sets two firm deadlines for construction claims: a four-year statute of limitations and a seven-year statute of repose. Those timelines govern when an owner or condominium association may pursue claims for alleged defects. Once the repose period ends, the claim is barred regardless of when the problem surfaced. Condominium law complicates that scheme. Section 718.124 delays the start of the limitation and repose periods on association claims until control of the board shifts from the developer to the unit owners. The logic is simple: a developer-controlled board cannot be expected to sue the developer. The practical effect is more sweeping. If turnover occurs late in the life of a project, the repose period may remain tolled for years, extending exposure far beyond the seven years that apply everywhere else. Read the full story...
Reprinted courtesy of Matt Maranges, Jones Walker
Mr. Maranges may be contacted at mmaranges@joneswalker.com

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Massachusetts Construction Industry Continues to Wait While Prompt Payment Law Is Put to the Test

March 31, 2026 — Catherine Maronski - Construction Law Zone
Earlier this month, the Massachusetts Supreme Judicial Court (SJC) heard argument in J.C. Cannistraro, LLC v. Columbia Construction Co. et al., a dispute concerning the state’s Prompt Payment Act (PPA). Although a decision has yet to be issued, it could potentially pose widespread implications for high-value private construction projects moving forward – and perhaps backwards. The PPA, G. L. c. 149, § 29E, enacted by the Massachusetts Legislature in 2010, has become a keystone in the construction industry. It was enacted to address, in part, downstream cash flow issues that tend to pervade construction projects by mandating a series of strict guidelines for submitting, and responding to, payment applications for private projects valued over $3,000,000. Amongst these requirements are set timeframes to respond to an application, as well as what must be contained in an application rejection. Critically, if an owner or upper-tier contractor fails to fully comply with all the statutory requirements in response to a proper payment application, the application is automatically “deemed to be approved” and payable. Significantly, however, this is not always the end of the line. Read the full story...
Reprinted courtesy of Catherine Maronski, Robinson Cole
Ms. Maronski may be contacted at cmaronski@rc.com

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House Passes ABC-Supported Permitting Reform Legislation

February 02, 2026 — ABC - Construction Executive
WASHINGTON, Dec. 18—Associated Builders and Contractors applauded the U.S. House of Representatives for passing two comprehensive, ABC-supported permitting reform bills: H.R. 3898, the Promoting Efficient Review for Modern Infrastructure Today Act, and H.R. 4776, the Standardizing Permitting and Expediting Economic Development Act. Reprinted courtesy of ABC, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Why Travelers Fought a Fire Claim for Invisible Smoke Damage

February 23, 2026 — Elaine Silver - Engineering News-Record
Just 40 minutes after midnight on Sept. 27, 2018, the sky lit up over Birmingham, Ala. A fire engulfed an apartment building under construction—the last-to-be completed section of a wood-framed complex called the Metropolitan. It fueled one of the largest recorded blazes in the city’s history. Read the full story...
Reprinted courtesy of Elaine Silver, Engineering News-Record
ENR may be contacted at enr@enr.com

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Meet BWB&O’s Super Lawyers Rising Stars in Colorado!

April 08, 2026 — Dolores Montoya - Bremer Whyte Brown & O’Meara, LLP
Bremer Whyte Brown & O’Meara, LLP is thrilled to share that Partner Devin Brunson and Associate Melissa Youngpeter have been named to the Super Lawyers 2026 Colorado Rising Stars list. This recognition reflects their exceptional work in Personal Injury and Civil Litigation.

SUPER LAWYERS RISING STARS

Devin Brunson: 2024-2026

Melissa Youngpeter: 2026

Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O’Meara, LLP

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