ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Acuity v. Kinsale Insurance Company: Co-Carrier Obligations and Subrogation under Colorado Law

November 21, 2025 — Olivia Barden - Colorado Construction Litigation Blog
In Acuity v. Kinsale Insurance Company, 750 F. Supp. 3d 1229 (D. Colo. 2024), the United States District Court for the District of Colorado addressed the duties and rights of multiple insurers that issued commercial general liability (“CGL”) policies to the same insured. The decision clarifies how subrogation and contribution apply when one carrier funds a settlement and another refuses to participate. Background Phipps Construction Company served as the general contractor for the construction of a retirement community in Lakewood, Colorado. Phipps subcontracted the stucco work to Monarch Stucco, Inc. When the project owner, BMSH I Lakewood CO LLC, alleged construction defects, it brought an arbitration action against Phipps. Phipps in turn filed a third-party claim against Monarch, alleging defective and cracking stucco on fifteen buildings. Read the full story...
Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC

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Second Circuit Revives Policyholder’s Negligence Claim Against Agent

December 08, 2025 — Latosha M. Ellis, Geoffrey B. Fehling & Yosef Itkin - Hunton Insurance Recovery Blog
From insurance agents and wholesalers to risk consultants and policyholders, there are many parties involved in commercial insurance transactions. While each has an important part to play, the policyholder-agent relationship is particularly important to ensure both sides understand their respective roles and obligations when an agent assists in obtaining coverage. The Second Circuit Court of Appeals recently provided important guidance under New York law about the scope of an insurance agent’s responsibilities, particularly when an agent, at a policyholder’s request, expressly takes on tasks beyond simply procuring coverage. The decision underscores that an agent’s obligations can extend beyond standard procurement duties by express agreement, though the outcome could differ under the law of another jurisdiction. Reprinted courtesy of Latosha M. Ellis, Hunton Andrews Kurth LLP, Geoffrey B. Fehling, Hunton Andrews Kurth LLP and Yosef Itkin, Hunton Andrews Kurth LLP Ms. Ellis may be contacted at lellis@hunton.com Mr. Fehling may be contacted at gfehling@hunton.com Mr. Itkin may be contacted at yitkin@hunton.com Read the full story...

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Ninth Circuit Issues Injunction Halting SB 261 Climate Disclosure Laws

December 22, 2025 — Michael S. McDonough & Karen Eskander - Gravel2Gavel Construction & Real Estate Law Blog
On November 18, 2025, the U.S. Court of Appeals for the Ninth Circuit issued an injunction temporarily halting the implementation of California’s SB 261, the Climate-Related Financial Risk Act, just weeks before the law’s first mandated disclosures on January 1, 2026. The court declined to stay California’s companion climate emissions disclosure bill, the Climate Corporate Data Accountability Act (SB 253), due to that bill’s less immediately pressing compliance deadline of August 2026. Background on California Climate Disclosure Laws As we have discussed in previous posts, California enacted two comprehensive climate disclosure laws in 2023. The Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261) impose greenhouse gas emissions and climate-related financial risk reporting requirements that apply to thousands of public and private companies formed under U.S. law and “doing business in California.” The California Air Resources Board (CARB) has released a preliminary list of companies it believes may be subject to the state’s new climate disclosure regime. Reprinted courtesy of Michael S. McDonough, Pillsbury and Karen Eskander, Pillsbury Mr. McDonough may be contacted at michael.mcdonough@pillsburylaw.com Ms. Eskander may be contacted at karen.eskander@pillsburylaw.com Read the full story...

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Supreme Court Rules Tariffs Unconstitutional: Why the Construction Industry Shouldn’t Expect Calm Just Yet

March 31, 2026 — Christopher Barnett - Construction Executive
The U.S. Supreme Court’s 6–3 decision in Learning Resources, Inc. v. Trump did what many expected: It held that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. What few anticipated was the speed of what followed: Within hours of the ruling, the administration announced replacement tariffs under Section 122 of the Trade Act of 1974, imposed a 10% global surcharge effective February 24, and signaled forthcoming Section 301 investigations against most major trading partners. For those in the construction industry hoping the Learning Resources ruling would restore market stability, the message was unambiguous. The constitutional question may be settled, but the market disruption is not. Reprinted courtesy of Christopher Barnett, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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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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The Who/What/How of Sealing Plans for Architects and Engineers (Law Note)

March 03, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
The proper use of professional seals in North Carolina is critical. Failure to follow the prescribed requirements can subject you or your Firm to a Board sanction. Did you know that the NC Board of Architecture and the NC Engineering Board have jointly prepared a fairly straightforward document that can tell you exactly what you need to know about sealing of plans? That document, the “Seal Brochure” (pdf) is available for download. Every state’s regulations are a little different (thank you Federalism!) so it is worth reviewing with your staff at regular intervals, especially if you do work across state lines. Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

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When Your Scheduler Hallucinates: Managing AI Risk on the Job Site

March 03, 2026 — Jason Loring - ConsensusDocs
Artificial intelligence has moved from the conference room to the construction site. Contractors are using AI-powered tools to predict schedule delays, monitor safety through drone footage, optimize equipment maintenance and flag potential hazards in real time. These tools deliver genuine efficiency gains, but they also introduce risks that most construction contracts do not anticipate and many project teams aren’t yet equipped to manage. The problem is that AI tools are probabilistic and not determinative, meaning that they can “hallucinate”: generating confident, but completely wrong, information. Your AI scheduling software might therefore predict a delay that never materializes, causing unnecessary resource mobilization. Your drone monitoring might flag a nonexistent safety hazard, stopping work and costing productivity. Or worse, it might miss a real hazard entirely. Read the full story...
Reprinted courtesy of Jason Loring, Jones Walker LLP
Mr. Loring may be contacted at jloring@joneswalker.com

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Court Resolves Disagreement on the Amount of the Deductible

December 02, 2025 — Tred R. Eyerly - Insurance Law Hawaii
After a windstorm caused damage to the insured’s building and repair materials, the court sided with the insured in determining the amount of the deductible. Semaho, Inc. v. AMCO Ins. Co., 2025 U.S. Dist. LEXIS 193521 (D. Colo. Sept. 30, 2025). Semaho owned two commercial buildings insured under a policy issued by AMCO. The buildings were damaged in a windstorm and Semaho’s contractor stored the building materials for the repairs on one building’s roof. A second windstorm then seriously damaged the building materials stored on the roof. Semaho submitted a claim for the lost building materials. Coverage was undisputed but the parties disagreed over which deductible should apply to Semaho’s claim. The key policy provision stated that the deductible should be calculated separately for the “building” and for certain categories of “personal property,” based on “the value(s) of the property that has sustained loss or damage.” Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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