ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

So You Want to Build a Safety Plan

November 18, 2025 — Construction Executive
As unique and nuanced as each construction project, so are the safety needs of each company handling the project. To learn how to tailor a safety program to your company’s needs, Construction Executive sat down with Tony Foster, senior EHS director at Skanska. From how-tos on getting started, creating buy-in and keeping up to date on OSHA standards, to taking advantage of the latest safety technology, here is his insider knowledge: What type of safety program is best for which kinds of businesses? (i.e. small vs. large firm; regional vs. national; architect and design vs. manufacturer; general contractor vs. subcontractor; etc.) The approach to safety shouldn’t change by project, no matter how big or small. The most important task is the project, but also making the people who are working on the project feel like they are a part of the program and can ask questions about any concerns that they have. There needs to be visibility of leaders on the project, and an open line of communication when it comes to safety on the worksite. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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New Tools, Streamlined Access: AAA’s Website Gets a Major Redesign

August 04, 2025 — Matthew DeVries - Best Practices Construction Law
If you’ve handled construction disputes, chances are you’ve interacted with the American Arbitration Association (AAA). As one of the leading forums for alternative dispute resolution in the industry, the AAA is central to how many construction contracts manage conflict. According to a recently AAA announcement, it just got a lot easier to use. Earlier this week, the AAA officially launched its redesigned website at www.adr.org, and the updates are worth noting, particularly for parties who customarily deal with arbitration or mediation. What’s New on the AAA Website? The new site is faster, more intuitive, and designed to give users quick access to rules, forms, case data, and educational resources. Here are a few key improvements that stand out: 1. AI Tools and Technology Hub AAA has consolidated its artificial intelligence offerings into a centralized hub. While this will continue to evolve, the emphasis on AI shows the organization’s commitment to streamlining arbitration and making dispute resolution more efficient-something construction pros will appreciate when timelines (and budgets) are tight. Read the full story...
Reprinted courtesy of Matthew DeVries, Buchalter
Mr. DeVries may be contacted at mdevries@buchalter.com

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Call Me Maybe: California’s Fair Claims Settlement Practices Regulations

November 04, 2025 — Garret Murai - California Construction Law Blog
It’s not uncommon in construction claims for there to be Insurance and bond issues, whether it’s tendering a claim to your insurer, or claims against a license, payment, or performance bond. Insurance Code section 790.03 sets forth sixteen (16) unfair claims settlement practices by insurers and sureties including:

1. Misrepresenting to claimants pertinent facts or insurance policy provisions relating to any coverages at issue.
2. Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies.
3. Failing to adopt and implement reasonable standards for the prompt investigation and processing of claims arising under insurance policies.

Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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Adapting Standard Construction Forms for Use in Overseas Hospitality Renovations

September 23, 2025 — Sara Beiro Farabow & Steve Kmieciak - The Construction Seyt
One of the earliest issues to decide on a hospitality renovation abroad – whether it’s a branded resort in Europe, a hotel in Asia, or a mixed-use property in Latin America – is the selection of the appropriate project contracts. The design and construction contracts in wide use in the US are sometimes appropriate for adaptation for use abroad. This was the focus of our recent webinar, Adapting Standard Construction Forms for Use in Overseas Hospitality Renovations. Below, we outline several of the most significant considerations that arise when U.S. forms cross international borders. Reprinted courtesy of Sara Beiro Farabow, Seyfarth Shaw LLP and Steve Kmieciak, Seyfarth Shaw LLP Ms. Farabow may be contacted at sfarabow@seyfarth.com Mr. Kmieciak may be contacted at skmieciak@seyfarth.com Read the full story...

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Are You Overpromising on Your Construction Contracts? Here's How to Build With Transparency

July 28, 2025 — Michael Pink - Construction Executive
We’ve all done it at one time or another--overpromising on the completion date of finishing a project, a report, a chore, virtually any type of commitment you can name. The reasons are almost limitless: starting too late, wanting to impress someone or appease their anger, or simply not caring. Overpromising is a pervasive challenge in the construction industry, leading to project delays, cost overruns and strained relationships between contractors and clients. Further, it can lead to quality issues as contractors look for ways to make up time in an effort to get the schedule back on track. Reprinted courtesy of Michael Pink, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Substantiating Termination for Convenience Costs

November 09, 2025 — David Adelstein - Florida Construction Legal Updates
A termination for convenience clause is an important provision in construction contracts, particularly for the owner. An owner needs the contractual right to terminate a contractor for convenience. This means the owner does NOT need a reason to exercise a termination. This is night-and-day different from a termination for cause (or default) wherein an owner must have a material basis to exercise that right. Sometimes, the relationship is not where it should be, or not what was expected, or performance does not rise up to the level you require but does not rise up to a material breach. The termination for convenience clause gives the owner the discretion to just end the relationship. As a contractor, you need to understand the types of damages (costs) you are entitled if an owner exercises the termination for convenience. Don’t overlook this, because if an owner exercises the termination for convenience, you want to make sure you feel like you are protected. This could include a termination for convenience fee. There are a number of ways this can be accomplished, but you need to be sure you are entitled to costs incurred through the date of termination with reasonable overhead and profit, demobilization costs, early return fees, and costs incurred due to the termination. Regardless, keep in mind that it is your burden, as the contractor, to prove these costs with a reasonable degree of certainty. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Suffolk and MassDOT Texts Played Role in State Contract Rebid Controversy

November 18, 2025 — Richard Korman - Engineering News-Record
Two of the controversial text messages were sent on Dec. 10. John Fish, CEO of Suffolk Construction Co., sent one early to Scott Bosworth, chief development officer for the Massachusetts Dept. of Transportation, about a problem with the Oyster Harbors Bridge near the Oyster Harbors Club on Cape Cod. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

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Shiloh and Vallejo: The DOI Tale of Two Properties

October 20, 2025 — Heidi McNeil Staudenmaier & Caitlin Vanderkarr - Snell & Wilmer
California courts have certainly been busy as of late. In particular, challenges abound as to the Department of the Interior (the DOI) and its decisions to take certain parcels of land into trust for the purpose of rendering such parcels eligible for gaming activities by certain California tribes. The DOI Shiloh Parcel Dispute The Shiloh parcel, a tract of land the DOI previously approved as land taken into trust for gaming purposes under the restored lands exception of the Indian Gaming Regulatory Act (IGRA) on behalf of the Koi Nation of Northern California (The Koi), has been the subject of considerable controversy. Reprinted courtesy of Heidi McNeil Staudenmaier, Snell & Wilmer and Caitlin Vanderkarr, Snell & Wilmer Ms. Staudenmaier may be contacted at hstaudenmaier@swlaw.com Ms. Vanderkarr may be contacted at cvanderkarr@swlaw.com Read the full story...

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