ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Time to Negotiate Limitation on Remedies and Damages Is on the Front End

February 10, 2026 — David Adelstein - Florida Construction Legal Updates
Remember, when it comes to contracts, the time to negotiate and enter into mutually agreed upon bargains is on the front end. And, if the contract is not negotiable, at least you know that and can make the business decision whether you want to accept the bargains and risks. If you don’t, well, you can walk away. Move onto another deal. If you do, then you make the business decision as to the bargains or risk transfers and accept them moving forward. One of those bargains and risks deals with a limitation on damages and remedies. In a recent dispute dealing with the sale of an aircraft, there was a provision dealing with the buyer and seller’s remedies in the event of a breach. (Similar to a real estate transaction or other buyer-seller scenario.) “Contract section 10.4(a) stated that if the buyer defaulted, the seller’s “exclusive remedies” were to keep the aircraft and the buyer’s deposit. Section 10.4(b) stated that if the seller defaulted by “fail[ing] to deliver the [aircraft] in accordance with the terms of [the contract],” the buyer’s “sole remedies” were the seller’s reimbursement of the buyer’s inspection costs.” Sky Aviation Holdings, LLC v. Aviation Unlimited, 50 Fla.L.Weekly D2658c (Fla. 4th DCA 2025). As you can see, there was a limitation on the seller’s damages. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Dallas County District Court Grants Kahana Feld’s Motion to Dismiss for Want of Prosecution

December 30, 2025 — Kahana Feld
Kahana Feld successfully obtained dismissal of a lawsuit in the 95th Judicial District Court of Dallas County. The Court granted our Motion to Dismiss for Want of Prosecution, agreeing that the plaintiff failed to diligently pursue their claims after more than 18 months of inactivity, despite an upcoming trial date. Our team demonstrated that the plaintiff had not initiated discovery or scheduled depositions, and furthermore, the delay was not excused by former counsel’s withdrawal. Consequently, the judge declined the plaintiff’s request for additional time and dismissed the case without prejudice. Read the full story...
Reprinted courtesy of Kahana Feld

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Subcontrator’s Insurer Must Reimburse for Defense of Contractor

January 21, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court determined that the subcontractor’s insurer owed a defense to the additional insured general contractor in a bodily injury suit. Charter Oak Fire Ins. Co. v. Liberty Mut. Fire Ins Co., 2025 U.S. Dist. LEXIS 227712 (S.D. W. V. Nov. 19, 2025). A.L.L. Construction, Inc. was the general contractor for a construction project. West Virginia Paving, Inc. was the subcontractor for paving work. After construction began, Charlottee Smith allegedly fell and was injured due to A.L.L. and West Virginia Paving’s negligent work. She sued both A.L.L. and West Virgina Paving. Smith and West Virginia Paving settled. 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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Noncompete Agreements: How to Navigate the Changing Landscape

October 20, 2025 — Kellie M. Ros - ConsensusDocs
Contractors who care about protecting proprietary company information and attracting and retaining high-quality employees (all contractors) should consider making noncompete agreements a part of their normal business practices. A recent failed attempt by the federal government to completely ban noncompetes reignited the contentious debate about the balance between freedom of contract versus freedom to work, and states have now put the issue at the forefront of their legislative agendas. Changes are coming, and contractors and their employees alike should know what lies ahead and understand how to navigate the changes. Implications of Noncompetes in Construction Noncompetes or noncompetition agreements affect nearly one in five working adults in the United States. A noncompete agreement is just what it sounds like - it’s an agreement between an employer and their employee where the employee agrees not to compete with their employer once their employment ends. In essence, the agreement restricts the employee from immediately joining a competing business or starting a competing business after leaving their employer. Read the full story...
Reprinted courtesy of Kellie M. Ros, Peckar & Abramson, P.C.
Ms. Ros may be contacted at kros@pecklaw.com

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Navigating the DOT’s Interim Final Rule on DBE Certification Standards - and Preparing for the (Bumpy) Road Ahead

October 27, 2025 — Virginia Trunkes - Construction Law Zone
Last week, as a result of the federal government shutdown, news outlets reported on a pause in processing project reimbursements for the massive bi-state Hudson Tunnel Gateway Program and New York City’s Second Avenue Subway line. Beyond the political finger-pointing and investigation into the pause’s impact (the billions of dollars already appropriated remain untouched) is the federal Department of Transportation’s publication, also last week, of its interim final rule (“IFR”) Docket No. DOT–OST–2025–0897. Effective October 3, 2025, this IFR removes from its regulations at 49 C.F.R. Parts 23 and 26 race and gender-based presumptions of social and economic disadvantage from DOT’s regulations governing its Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) programs. In doing so, it replaces terms like “race-neutral/race-conscious” with “DBE-neutral/DBE-conscious” frameworks, and adds new sections (§§ 23.81 and 26.111) that require each Unified Certification Program (UCP), i.e., each state’s agency that sets the criteria for firms seeking DBE/ACDBE certification, to reevaluate any currently certified DBE, to recertify any DBE that meets the new certification standards, and to decertify any DBE that does not meet the new certification standards or fails to provide additional information required for submission under the new certification standards. Read the full story...
Reprinted courtesy of Virginia Trunkes, Robinson & Cole LLP
Ms. Trunkes may be contacted at vtrunkes@rc.com

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Data Center Construction and the AEC Partner of the Future

April 14, 2026 — Aarni Heiskanen - AEC Business
During my involvement in designing mobile phone production facilities, the speed of design and construction was critical. Any delay could directly translate into lost revenue. That same logic now applies to data centers, though the stakes are much higher. Instead of optimizing physical production lines, we are constructing infrastructure for digital production. The global data center capacity is expected to nearly double by 2030, and with this level of demand, the traditional project-by-project delivery model begins to show its limitations. Data centers are no longer isolated projects in the traditional sense. They are evolving into repeatable, scalable production systems, making them ideal environments for AEC process and business model innovation. 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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No Cross-Complaint Needed: Contractor Can Fight Co-Defendant’s Summary Judgment

October 21, 2025 — Keith E. Smith - Wood Smith Henning & Berman LLP
In a decision of first impression, the California Court of Appeal in RND Contractors, Inc. v. WRSE (2025) 112 Cal.App.5th 697, clarified whether a co-defendant may oppose another defendant's motion for summary judgment without having first filed a cross-complaint. The case arose from the collapse of a high school gymnasium during construction, leading to negligence, wrongful death, and premises liability claims against the project participants. The court held that "any adverse party" may oppose another party's motion for summary judgment, even if the Plaintiff does not oppose the motion and there is no cross-complaint filed by the co-defendant opposing summary judgment. This ruling resolves a novel procedural question which had not been addressed by any Court of Appeal in California to date. Read the full story...
Reprinted courtesy of Keith E. Smith, Wood Smith Henning & Berman LLP
Mr. Smith may be contacted at kesmith@wshblaw.com

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Florida’s Proposed HB 255: A Quiet Shift That Could Reshape Condo Defect Liability

January 21, 2026 — Matt Maranges - ConsensusDocs
In Florida, developers and contractors work under strict clocks. Section 95.11(3)(b), Florida Statutes, sets two firm deadlines for construction claims: a four-year statute of limitations and a seven-year statute of repose. Those timelines govern when an owner or condominium association may pursue claims for alleged defects. Once the repose period ends, the claim is barred regardless of when the problem surfaced. Condominium law complicates that scheme. Section 718.124 delays the start of the limitation and repose periods on association claims until control of the board shifts from the developer to the unit owners. The logic is simple: a developer-controlled board cannot be expected to sue the developer. The practical effect is more sweeping. If turnover occurs late in the life of a project, the repose period may remain tolled for years, extending exposure far beyond the seven years that apply everywhere else. Read the full story...
Reprinted courtesy of Matt Maranges, Jones Walker
Mr. Maranges may be contacted at mmaranges@joneswalker.com

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