Anaheim California Construction Expert Witness Directory

Subrogation Insight: Expert Testimony Admissible Despite Post-Loss Repairs

December 30, 2025 — Gus Sara - The Subrogation Strategist
In Ghaznavi v. Arby Constr., Inc., No. 14-24-00213-CV, 2025 Tex. App. LEXIS 839, the Court of Appeals of Texas (Court of Appeals) considered whether the trial court properly excluded the plaintiffs’, Kambiz Moavenzadeh Ghaznavi and Anahita Nokkonejad (collectively, the Ghaznavis), liability expert. The case arose from a fire at the Ghaznavis’ residence. The trial court held that because the Ghaznavis’ expert did not physically inspect certain fire damaged areas before they were repaired, the expert’s testimony was unreliable and thus inadmissible. The Court of Appeals reversed the lower court’s ruling, finding that the expert’s review of photographs of the repaired areas and his testimony explaining his opinions were sufficient to survive summary judgment. In this case, the Ghaznavis’ hired the defendant, Arby Construction Inc. d/b/a National Residential Services (Arby Constr.), to install new tiling in a corridor inside their home. The corridor was adjacent to the garage. While Arby Constr. was performing the work, the Ghaznavis asked the defendant to fix an outlet inside the garage that was not working. Arby Constr. installed a new wire that connected the outlet to the garage door opener at the ceiling of the garage. Less than 2 months later, a fire occurred in the garage area. The fire marshal placed the origin of the fire in the ceiling of the corridor adjacent to the garage. The fire marshal’s report stated that “faulty wiring in the corridor behind the garage” caused the fire. Read the full story...
Reprinted courtesy of Gus Sara, White and Williams
Mr. Sara may be contacted at sarag@whiteandwilliams.com

Court to General Contractor: Too Late to Reclaim $600K Sub Overpayment

March 03, 2026 — Richard Korman - Engineering News-Record
Massachusetts contractors and their attorneys are once again testing the limits of the state's 15-year-old prompt-pay law, with concerned prime contractors asking an appeals court to overturn a lower court ruling that they believe gives subcontractors a powerful upper hand in payment disputes. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

When Actions (May) Speak Louder Than Words: Inadvertently Altering or Waiving Contract Terms Through Course of Performance

September 15, 2025 — Jordan Heath - ConsensusDocs
This article discusses instances where parties’ actions during the life of a contract can influence a court’s future interpretation of the contract’s terms, or, in some cases, even waive a contract term. While this article doesn’t examine every situation where this might occur, it highlights two different situations that general contractors need to be aware of. First, this article explains the idea of “course of performance.” If litigation arises and a contract provision is subject to multiple interpretations, then the parties’ actions during the life of the contract can be used to interpret the provision. This can lead to unexpected outcomes or different results for one (or both) of the parties to the dispute. Read the full story...
Reprinted courtesy of Jordan Heath, Jones Walker
Mr. Heath may be contacted at jheath@joneswalker.com

HEI Civil's Colorado Division is Awarded the 2024 NUCA William H. Feather Safety Award For 1,000,000+ Manhours

October 13, 2025 — HEI Civil
Castle Rock, Colorado, Oct. 07, 2025 (GLOBE NEWSWIRE) -- HEI Civil, a leading heavy civil construction company, is proud to announce that its Colorado Division has been honored with the 2024 William H. Feather Safety Award by the National Utility Contractors Association (NUCA). This esteemed award recognizes the team for achieving an exceptional safety record of over 1,000,000 manhours worked without a recordable incident, underscoring the company's deep commitment to its foremost critical success factor, safety. The NUCA William H. Feather Safety Award is a national honor that celebrates companies demonstrating the highest commitment to creating and maintaining a safe work environment for their team members. HEI Civil's achievement in the 1,000,000+ manhours category highlights the success of its comprehensive safety programs and the dedication of every team member to upholding these vital standards. "Earning the NUCA William H. Feather Safety Award validates our collective efforts to build and sustain an industry-leading safety culture," stated Luis Uresti, HEI Civil's Colorado Safety Manager. "Achieving over a million manhours without any incidents is a huge achievement that shows how much effort and care our team puts into every project. We are honored to be recognized for this commitment." To learn more about the NUCA William H. Feather Safety Award, please visit: https://nuca.com/events/annual-awards/ Founded in 1973, HEI Civil is a leading heavy civil construction general contractor shaping infrastructure across Colorado, Texas and North Carolina. Driven by its mission to attract and build the best people, teams and projects, the company delivers exceptional results through its core values of GRIT: growth, raising the bar, integrity and teamwork. With a steadfast focus on safety, people, quality, client service, equipment and production, HEI Civil consistently executes the complex heavy civil projects crucial for developing thriving communities. For more information, visit https://www.heicivil.com.  

Contractor Entitled to Defense Under Subcontractor’s Policy

March 10, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The appellate court affirmed the trial court’s grant of summary judgment to the contractor’s insurer finding that the sumcontractor’s insurer had a duty to defend the contractor. Navigators Specialty Ins. Co. v. TBR Construction, LLC, et al., 2025 Ill. App. Unpub. LEXIS 2177 (Ill. Ct. App. Dec. 3, 2025). Greenscape Homes, LLC was the general contractor for a residential development. Greenscape hired TBR Construction, LLC as a carpentry-framing subcontractor pursuant to a “Trade Contractor Agreement.” The Trade Agreement required TBR to name Greenscape as an additional insured. TBR was insured by Utica. Greenscape was insured by Navigators. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Traub Lieberman Partner and Firm Co-Chair Lisa L. Shrewsberry Named Top 25: 2025 Westchester County Super Lawyers®

January 13, 2026 — Traub Lieberman
Traub Lieberman is pleased to announce that Partner and Firm Co-Chair Lisa L. Shrewsberry has been named to the Top 25: 2025 Westchester County Super Lawyers Top List. This is the eighth year that Lisa has been on the Top 25 list for Westchester County Super Lawyers. Lisa has also been selected to the New York – Metro Super Lawyers list since 2008. Read the full story...
Reprinted courtesy of Traub Lieberman

Arbitration Provision Must Be Incorporated into a Bond for Surety to Elect Arbitration

March 03, 2026 — David Adelstein - Florida Construction Legal Updates
“Sureties cannot exercise unilateral election rights that are reserved for the principal of the underlying contract.” Anderson Service Corp. v. Old Republic Surety Company, 2026 WL 61436, *2 (Fla. 4th DCA 2026). This was the holding in a recent case dealing with arbitration. In this case, a subcontractor entered into a contract with a contractor that gave the contractor the right to elect arbitration in Pennsylvania. A dispute arose and the subcontractor recorded a construction lien. The contractor transferred the lien to a lien transfer bond under Florida law. (The contractor was the principal of the lien transfer bond.) The lien transfer bond surety then moved to compel the subcontractor to arbitration based on the underlying subcontract. The trial court agreed to compel arbitration but this was reversed on appeal. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

EPA and Army Corps Propose Revised Definition of “Waters of the United States”

December 30, 2025 — Ashleigh Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law Blog
For decades, the phrase “waters of the United States” (WOTUS) has dictated whether a wetland, stream, or pond falls within federal jurisdiction under the Clean Water Act (CWA). Two years and a change in administration later, EPA and the U.S. Army Corps of Engineers have returned with a new proposal aimed at aligning the rulebook with the Supreme Court’s 2023 decision in Sackett v. EPA and restoring a degree of predictability to one of the most litigated terms in environmental law. According to EPA Administrator Lee Zeldin and Assistant Secretary of the Army for Civil Works Adam Telle, the proposal represents a “faithful” implementation of Sackett, one that narrows federal reach to waters that are relatively permanent and wetlands that are indistinguishably connected to them. The agencies call it a step toward clarity and economic growth; others will undoubtedly call it a new chapter in an ongoing jurisdictional saga. Reprinted courtesy of Ashleigh Myers, Pillsbury and Jillian Marullo, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Read the full story...

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