Anaheim California Construction Expert Witness Directory

Identifying Unfair Clauses in Construction Contracts

February 17, 2026 — Curtis W. Martin - Peckar & Abramson, P.C.
In 1979, virtually all projects were completed under form contracts. As I started practicing construction law, it seemed that most form contracts were generally fair. They were negotiated by industry groups and over the next 10-20 years they appeared to become fairer. We could and did compare provisions in the AIA documents, the Federal contract forms, and the EJCDC agreements. When we did, we found subtle differences, but broad similarities in their approach to contract risk allocation. Today many (most?) private projects are done with “manuscript” contracts – instruments tailored to the owner’s interests. And many public entities have developed their own contracts. And not all those clauses seem so fair. This month I focus on contract clauses that I consider unfair. And while unfairness, like beauty, may be in the eye of the beholder, I think that the clauses described below aptly fit that descriptor. Read the full story...
Reprinted courtesy of Curtis W. Martin, Peckar & Abramson, P.C.
Mr. Martin may be contacted at cmartin@pecklaw.com

Kahana Feld Secures Discontinuance with Prejudice in Fraudulent Case

January 06, 2026 — Kahana Feld
Kahana Feld secured a victory for its client after uncovering evidence that the plaintiff’s alleged trip-and-fall claim was fraudulent. The plaintiff sought $8 million in damages and claimed serious spinal and knee injuries stemming from an incident outside a Bronx retail store. Through strategic investigation and a crucial non-party deposition, our team established that the plaintiff’s identified eyewitness was out of the country at the time of the alleged accident—contradicting the plaintiff’s testimony and confirming the falsity of the claim. Read the full story...
Reprinted courtesy of Kahana Feld

One Industry, One Goal: Construction Safety Week 2026

May 05, 2026 — Maggie Murphy - Construction Executive
Construction safety has long been a top priority across the industry. Yet fatality rates have remained stubbornly flat for more than a decade. Steven Carter, global health and safety director at Gilbane chair company for Construction Safety Week 2026—believes the industry has reached a pivotal moment. This year’s theme—”All In Together: Recognize. Respond. Respect.”—is a unified call to action for owners, designers, contractors and craft professionals around a shared, risk-based approach to preventing serious injuries and fatalities. In a recent interview with Construction Executive, Carter discusses why the industry must move beyond incremental improvements, how technology and AI can support better planning and what it will take to create a true culture of psychological safety on jobsites. Reprinted courtesy of Maggie Murphy, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

Project Labor Agreements: A New Bid Protest Forum Split

May 14, 2026 — Dirk D. Haire, David P.J. Timm and Michael J. Brewer - ConsensusDocs
Advertisements often include a disclaimer: “individual results may vary.” Similarly, lawyers are notorious for saying “it depends.” The mandatory Project Labor Agreement (“PLA”) regulations have recently placed into context this adage as it applies to federal contract bid protests, with very different results depending on which forum – the Court of Federal Claims (“COFC”) versus the Government Accountability Office (“GAO”) – different contractors have selected to bring PLA bid protests. Over the last two years, over 30 protesters have successfully achieved removal of mandatory PLAs from large-scale federal construction contracts based on two landmark bid protest decisions issued by the COFC. Similar challenges to PLAs at the GAO, however, have not been successful in removing PLAs, highlighting an emerging trend that the COFC is often a more effective relief forum than GAO for government construction contractors. Reprinted courtesy of Dirk D. Haire, Burr & Forman LLP, David P.J. Timm, Burr & Forman LLP and Michael J. Brewer, Burr & Forman LLP Mr. Haire may be contacted at dhaire@burr.com Mr. Timm may be contacted at dtimm@burr.com Mr. Brewer may be contacted at mbrewer@burr.com Read the full story...

What Startup Funding Reveals About the Future of Construction Technology

December 02, 2025 — Aarni Heiskanen - AEC Business
If the seeds of tomorrow’s construction technology are sown today, what does the future look like? Nymbl Ventures’ Q3 2025 ConTech Market Report reveals interesting data on the ConTech scene. A Growth Curve First of all, Construction Tech (“ConTech”) is performing well compared to other built environment technologies. According to Nymbl, VC investment in the built environment increased by around 27% year-over-year through Q3 2025, with the ConTech category leading the way. ConTech investments in the first three quarters totaled about $3.7 billion, more than twice the amount during the same period in 2024. Later-stage (post-Series A) deals accounted for 80% of funding in the third quarter. This suggests the market is moving from early experimentation to scaling and validating technologies in construction. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

SDV Celebrates 30th Anniversary Press Release

April 08, 2026 — Saxe Doernberger & Vita, P.C.
Trumbull, Connecticut – Saxe Doernberger & Vita, P.C. (SDV) is proud to announce the celebration of its 30th anniversary. Founded in 1996 by three attorneys in a small New Haven, Connecticut office, SDV was built on a clear and focused mission: representing policyholders in insurance coverage matters. Three decades later, that commitment remains at the core of the firm’s identity and has been instrumental in its continued success and reputation nationwide. Today, SDV is a nationally recognized boutique firm with 50 attorneys serving policyholders across the United States. Building on its longstanding reputation for excellence and client advocacy, the firm is pleased to announce the opening of its newest office in Massachusetts—an exciting milestone that reflects SDV’s continued growth. The new office is led by Managing Partner Anna Perry. Read the full story...
Reprinted courtesy of Saxe Doernberger & Vita, P.C.

Executive Order Addresses Wildfire Rebuilding Delays Through Federal Preemption of State and Local Permitting

February 10, 2026 — Olivia LaCasto & Josh Schneiderman - Snell & Wilmer
Quick Take On January 23, 2026, one year after the Los Angeles wildfires, the President issued Executive Order 14377 directing the Secretary of Homeland Security, acting through the Administrator of the Federal Emergency Management Agency (FEMA), and the Administrator of the Small Business Administration (SBA) to consider regulations that would preempt state and local permitting requirements for federally funded reconstruction projects in the Pacific Palisades and Eaton Canyon areas. The Order mandates expedited federal environmental and historic preservation reviews, directs the development of legislative proposals, and orders an audit of California’s use of Hazard Mitigation Grant Program (HGMP) funding. Key Provisions Federal Preemption of State and Local Permitting The Order directs FEMA and the SBA to consider promulgating regulations that would preempt state or local permitting processes found to have “unduly impeded” the timely use of federal emergency-relief funds by homeowners, businesses, or houses of worship seeking to rebuild. Under the proposed framework, preempted permitting regimes would be replaced with a self-certification requirement, whereby builders would certify to a federal designee that they have complied with all applicable substantive state and local health and safety standards. FEMA would retain authority to review all repairs and construction for compliance with applicable health and safety standards. Proposed regulations must be published within 30 days, with final regulations due within 90 days. Reprinted courtesy of Olivia LaCasto, Snell & Wilmer and Josh Schneiderman, Snell & Wilmer Ms. LaCasto may be contacted at olacasto@swlaw.com Mr. Schneiderman may be contacted at jschneiderman@swlaw.com Read the full story...

Additional Insured’s Claim for a Defense Is Dismissed

December 22, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The court dismissed the additional insured’s complaint seeking a defense against a personal injury case. Piece Mgmt., Inc. v. Atlantic Casualty Ins. Co., 2025 U.S. Dist. LEXIS 205589 (S.D. N. Y. Oct. 18, 2025). The underlying plaintiff, Mustafaa Dais alleged that he was injured when a glass door collapsed onto him as he exited BJ’s Restaurant. Dais sued BJ’s seeking damages for his injuries. He later amended his complaint to add Piece Management, Inc. the property’s management company, and Narway, Inc., the company hired to install the glass door. Under the subcontract between Piece and Narwy, Narway was required to maintain a general liability policy and to add Piece as an additional insured. Narway obtained the required policy from Atlantic Casualty Insurance Company. 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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