Anaheim California Construction Expert Witness Directory

Bad Faith Claim Dismissed as Insurer’s Actions Found Reasonable

December 08, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The insured’s bad faith claims failed as the court found that the insurer’s handling of the claim was reasonable. Terrazas v. State Farm Lloyds, 2025 U.S. Dist. LEXIS 201925 (W.D. Tex. Oct. 20. 2025). Plaintiff filed a claim with State Farm when her home suffered hail damage. Claims Specialist Denice Gomez was assigned to inspect, but she was unable to access the roof. She inspected the interior of the home and found water damage and observed hail damage on the garage doors. Ms. Gomez retained SeekNow to complete the roof inspection. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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

FTC Issues Warning Letters to Property Management Software Providers on Price Transparency

January 26, 2026 — Christine Tenley, Patrick A. Garcia & Michael Hettig - Lewis Brisbois
Atlanta, Ga. (December 23, 2025) - On December 8, 2025 the Federal Trade Commission (“FTC”) sent what it is describing as a “Warning Letter” to companies that provide property management software to landlords (“Software Providers”). While the letter does not speak specifically to landlords, landlords can still use the information contained in the letter to adopt best practices to avoid potential enforcement action. The Warning Letter references two high profile civil enforcement actions the FTC has undertaken in the last two years: FTC v. Invitation Homes, and FTC v. Greystar Real Estate Partners, LLC, et al., two cases in which the FTC targeted landlords for what it deemed unfair or deceptive advertising practices. Citing those cases, the FTC warns software providers that they must provide platforms on which landlords can accurately advertise the total monthly cost of a rental property rather than simply advertising the monthly rental payment. The FTC then warns that failure to create platforms that share the total monthly payments may result in enforcement action. Reprinted courtesy of Christine Tenley, Lewis Brisbois, Patrick A. Garcia, Lewis Brisbois and Michael Hettig, Lewis Brisbois Ms. Tenley may be contacted at Christine.Tenley@lewisbrisbois.com Mr. Garcia may be contacted at Patrick.Garcia@lewisbrisbois.com Mr. Hettig may be contacted at Michael.Hettig@lewisbrisbois.com Read the full story...

Don’t Ignore Prejudgment Interest

February 02, 2026 — David Adelstein - Florida Construction Legal Updates
When it comes to contracts, there may be a clause that provides that untimely payments shall bear interest at a particular rate. Or it may be the statutory rate. That clause will come into play when determining prejudgment interest. In ANY dispute, prejudgment interest can be an important damages component that accrues from the date of the loss. Don’t ignore prejudgment interest. The Fourth District of Florida, in a construction dispute, maintained:

“[I]f a plaintiff establishes that he sustained out-of-pocket loss, prejudgment interest must be awarded from the date of the loss. The trial court has no discretion regarding awarding prejudgment interest and must do so applying the statutory rate of interest in effect at the time the interest accrues.”

Bensusan v. Design Engineering Group, LLC, 2025 WL 3466367 (Fla. 4th DCA 2025) (citation omitted).

Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Higgins, Hopkins, McLain & Roswell Attorneys Recognized in the 2026 Edition of The Best Lawyers in America®

December 02, 2025 — David McLain - Colorado Construction Litigation Blog
Higgins, Hopkins, McLain & Roswell, LLC is proud to announce that Lisa Bondy Dunn and David M. McLain have been recognized in the 2026 edition of The Best Lawyers in America® for their excellence in construction law and litigation. Lisa Dunn was recognized for Litigation - Construction, marking her first year on this prestigious list, while Dave McLain was recognized for both Construction Law and Litigation - Construction, continuing his inclusion in Best Lawyers since 2021. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

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 underrepresented groups. Colwin was selected for her longstanding dedication to fostering inclusive workplace cultures, her active mentorship of diverse attorneys and professionals, and her visible role as a thought leader on the national stage. In addition to her leadership within GRSM, she has made a significant impact on the broader insurance and professional liability industries by raising awareness of equity issues, supporting educational initiatives, and championing the next generation of diverse talent. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani, LLP

Forget Fifth Graders - Are You Smarter Than a CEO?

December 02, 2025 — Daniel Lund III - JD Supra
The Supreme Court of South Dakota says that (in certain circumstances) you need to be. That court wrangled with the evidentiary requirements for professional negligence and breach of contract claims arising from the construction of a clinical research facility in Brookings, South Dakota. The general contractor on the project alleged defects in the design and installation of the HVAC system and suspended ceiling, resulting in contamination and operational failures. The general contractor sued the architect, engineers, and contractors, asserting breach of contract and implied warranties. Read the full story...
Reprinted courtesy of Daniel Lund III, Phelps Dunbar
Mr. Lund may be contacted at daniel.lund@phelps.com

How a $1,400 Humanoid Hints at Construction’s Robotic Future

November 21, 2025 — Aarni Heiskanen - AEC Business
Chinese startup Noetix launched Bumi, a bipedal robot that challenges mobile robots at a much heftier price. Is this just a whim or a breakthrough that could make robots a viable tool for even small construction companies? The Noetix Bumi robot is a humanoid robot designed primarily for educational and family use. It stands 94 cm (about 3 feet) tall, weighs 12 kg (26 pounds), and can run for 1 to 2 hours per charge. Bumi walks on two legs with stable steps and performs flexible, complex movements, including dancing, enabled by proprietary motion-control algorithms that combine imitation and reinforcement learning. Bumi has a front-facing camera that detects objects and faces, and it is also equipped with microphones for capturing spoken words, which it can process into actions such as following commands. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

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