ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Insurer Granted Summary Judgment, in Part, After Partial Payment of Claim

February 10, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The insurer was awarded summary judgment, in part, after paying a portion of the insured’s claim for hurricane damage. Taylor v. State Farm Fire & Cas. Co., 2025 U.S. Dist. LEXIS 231406 (S.D. Ala. Nov. 24, 2025). The Taylors’ home was damaged by Hurricane Sally. They submitted a claim under their homeowners’ policy to State Farm. They reported trees collapsing onto the house and blocking the front door, broken windows and doors, water damage and the roof collapsing in certain rooms of the house. 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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Texas Voids Out-of-State Forum and Choice of Law Clauses in Construction Contracts

March 17, 2026 — Conor G. Bateman - Snell & Wilmer
The Texas Legislature amended statutes impacting construction contracts for projects located in Texas to declare any forum selection clause or choice of law provision “void as against public policy,” and mandate venue for any litigation or arbitration shall be in the Texas county in which the work is performed. The parties may stipulate to a different venue only after the dispute arises. Forum selection clauses and choice of law provisions are common in construction contracts. Frequently, general contractors based in other jurisdictions require subcontractors to sign contracts designating the contractor’s preferred venue for any dispute. These contracts may also select the law of another state to govern the contract. Read the full story...
Reprinted courtesy of Conor G. Bateman, Snell & Wilmer
Mr. Bateman may be contacted at cbateman@swlaw.com

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Construction Seyt Named a Top Construction Blog by FeedSpot

March 31, 2026 — Seyfarth Shaw LLP - The Construction Seyt
Since 2019, we have strived to bring our readers practical, useful insights on recent trends shaping our industry. Whether you are a contractor, designer, developer, attorney, or industry professional, our goal is to equip you with the knowledge to navigate your business with that much more confidence. We are honored that “The Construction Seyt” has been named by FeedSpot as a “Best Construction Blog” to follow for 2026. Read the full story...
Reprinted courtesy of Seyfarth Shaw LLP

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Recognize: A Construction Safety Week Technical Bulletin

February 23, 2026 — Construction Safety Week - Construction Executive
Construction Safety Week has long been a powerful show of force, a catalyst for bringing the industry together and putting a spotlight on the critical importance of safety. It represents a shared commitment across an expansive and impactful Industry. The construction industry is a major employer and significant contributor to the U.S. economy, creating nearly $2.1 trillion worth of structures each year—and with that scale comes immense responsibility— and opportunity. Over the last decade, we’ve made meaningful strides: advancing best practices, transitioning from hard hats to helmets, shedding light on vital issues that affect safety, like mental health, fostering a culture of care and accountability, and creating partnerships and initiatives for improving jobsite safety. Reprinted courtesy of Construction Safety Week, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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New Executive Order Prohibits Federal Contractors from Engaging in DEI Through Employment and Procurement Activities

April 27, 2026 — Laura De Santos & Monica Prieto - Gordon Rees Scully Mansukhani
On March 26, 2026, President Trump signed Executive Order 14398, entitled Addressing DEI Discrimination by Federal Contractors, requiring federal agencies to add contractual language in all federal contracts prohibiting contractors and subcontractors from engaging in any racially discriminatory DEI activities, as defined by the Executive Order (EO). While this EO includes language similar to prior DEI-related orders, it introduces a significant expansion in enforcement by subjecting non-compliant contractors to liability under the False Claims Act (FCA), including exposure to whistleblower actions and qui tam litigation. A qui tam claim is a civil action by a private individual on behalf of the government alleging fraud against federal programs and seeking to recover damages. The new EO states that involvement in any racially discriminatory DEI activities is not only unethical and illegal, but also deemed fraudulent against federal programs because it is material to the government’s payment decisions. The definition of DEI activities here matters, as this EO expands a contractor’s obligations beyond the management of its employment policies and includes prohibitions against funding or expending time or resources on DEI activities and contracting with subcontractors, vendors, or suppliers utilizing DEI programs. Read the full story...
Reprinted courtesy of Laura De Santos, Gordon Rees Scully Mansukhani
Ms. De Santos may be contacted at ldesantos@grsm.com

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California Enacts Change Order Fair Payment Act

March 24, 2026 — Michael J. Baker - Snell & Wilmer
For private works construction contracts entered on or after January 1, 2026, recent legislation establishes a claims and dispute resolution process for change orders. The law is codified at Civil Code § 8850. A synopsis of the pertinent provisions includes the following:

1. Submitting a Claim. Contractors or subcontractors must submit a detailed, documented claim when requesting additional time or payment.
2. Owner’s Response Time. The owner must meet and confer within thirty (30) days after receiving the claim. Within ten (10) days of meeting, the owner must provide a written statement identifying which portions of the claim are undisputed and which are disputed. An owner’s failure to respond is treated as disputing the entire claim.

Read the full story...
Reprinted courtesy of Michael J. Baker, Snell & Wilmer
Mr. Baker may be contacted at mjbaker@swlaw.com

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HDR Agreed to $12M Settlement With Miami Bridge Design-Build Team

May 12, 2026 — Richard Korman - Engineering News-Record
HDR last year agreed to pay $12 million to the design-build construction contractor Archer Western-de Moya Group to settle its claims that the engineer had incompletely designed and under-designed Miami's new Signature Bridge when the joint venture committed to a fixed price prior to construction in 2018. 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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Maryland Enacts Climate-Cost Study Over Veto, New Jersey Advances Climate Superfund Proposal as Earlier State Laws Face Ongoing Court Challenges

January 21, 2026 — Amanda G. Halter, Ashleigh Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law Blog
Maryland lawmakers have overridden the governor’s veto to enact legislation directing a statewide assessment of climate-related costs, while New Jersey lawmakers are preparing a January committee hearing for the State’s pending Climate Superfund Act. Together, these actions underscore continued state-level interest in both study-based and liability-focused climate-cost attribution frameworks, even as four separate lawsuits challenging state climate superfund statutes in New York and Vermont proceed in federal court. Maryland Legislature Overrides Veto to Advance Climate-Cost Assessment On December 16, the Maryland General Assembly voted to override Governor Wes Moore’s veto of S.B. 149 / H.B. 128, the “Climate Change Adaptation and Mitigation – Total Assessed Cost of Greenhouse Gas Emissions – Study and Reports” Act. The vote followed the Governor’s announcement, just days earlier, that his administration would fully fund the study mandated by the bill, effectively reversing his prior veto. Reprinted courtesy of Amanda G. Halter, Pillsbury, Ashleigh Myers, Pillsbury and Jillian Marullo, Pillsbury Ms. Halter may be contacted at amanda.halter@pillsburylaw.com 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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