ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Builders Oppose Senate Housing Bill Over Investor Ban Provision

March 24, 2026 — Katy O'Donnell - Bloomberg
A powerful group representing the nation’s home builders is coming out against the most significant housing legislation in more than a decade over a provision negotiated by the White House that would restrict institutional investors from purchasing single-family homes. The builders’ objection could imperil the bill’s chances of becoming law, even as leaders of both parties are desperate to show they are doing something to alleviate voters’ cost-of-living concerns. The Senate voted 90-8 to clear a procedural hurdle for the bill on Wednesday, with a vote on final passage expected early next week. The inclusion of the investor ban in a broader housing bill was key to getting the White House on board, Senate Banking Committee Chairman Tim Scott, a Republican from South Carolina, told reporters Tuesday. Read the full story...
Reprinted courtesy of Katy O'Donnell, Bloomberg

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Limitations of Liability Provisions in Construction Contracts: A Means to Manage Risk and Limit Financial Exposure

June 23, 2026 — Ellen Chapelle, Richard Reizen, Hannah Batsche - Construction Executive
Taking a cue from architects and engineers, construction contractors have started inserting limitation of liability clauses in their construction contracts to manage risk and limit financial exposure. This article will address the specific risks that can be limited through an LOL, tips for negotiating the LOL terms with reluctant owners to cover those specific risks, how to limit unintended consequences of an LOL (such as relieving an insurer of its obligations to cover certain losses), and approaches to setting the amount of the liability cap in the LOL. Addressing Particular Risks An LOL can address a wide range of risks, including:

• Damages for delay
• Liability for non-conforming or defective work
• Liability for third-party bodily injury or property damage
• Liability excluded by a general liability policy (e.g., pollution and cyber liability)
• Liability related to intellectual property

Reprinted courtesy of Ellen Chapelle, Richard Reizen, Hannah Batsche, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Document Everything! Always! No Exceptions! (AKA, Help Your Lawyer Help You!)

April 14, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
I had a case last year in which once again I found myself thinking: if only my client had better documented the verbal agreements, we would have had a much easier time defending his work. I know this is often easier said than done— you are in the middle of building a project, and you get a call, and you need to keep the project moving. No time for written change directives or a special bulletin. And yet—it is simply amazing to me the number of people who develop “litigation amnesia” about things when a lawsuit is involved. Your documentation system does not need to be perfect. You can use a simple Field notebook and handwritten notations. A text memo to yourself or, better yet, an email confirmation to the owner/contractor/whoever. Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

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Brenda Radmacher Authors Chapter in ABA Publication on Construction Delays

May 26, 2026 — Brenda Radmacher - The Construction Seyt
Brenda Radmacher, a partner in Seyfarth’s Construction Law practice and a mediator and arbitrator serving on the American Arbitration Association’s panels, is among the contributing authors to the American Bar Association’s forthcoming guide on construction disputes: Time – The Legal Implications of Project Delay in Construction. Drawing on three decades of experience, Radmacher authors Chapter 8, Contractor Delay Damages, offering practical insight into one of the most contested issues in construction litigation and arbitration. Read the full story...
Reprinted courtesy of Brenda Radmacher, Seyfarth Shaw LLP

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Structural Engineer Claims Reinforcement Was Never Installed on Troubled NYC Tower

September 01, 2026 — Bryan Gottlieb - Engineering News-Record
New York City has expanded its investigation into the structural failure at the former Pfizer headquarters tower in Midtown Manhattan as the Dept. of Investigation confirmed a parallel inquiry and the Dept. of Buildings directed the property owner to retain third-party engineering oversight. Read the full story...
Reprinted courtesy of Bryan Gottlieb, Engineering News-Record
Mr. Gottlieb may be contacted at gottliebb@enr.com

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2026 Top Business Risks for Construction and Engineering Companies

May 26, 2026 — Darren Tasker - Construction Executive
The 2026 Allianz Risk Barometer revealed some surprising findings for construction and engineering businesses. Now in its fifteenth year, this annual business risk ranking by corporate insurer Allianz Commercial incorporates the views of 3,338 global risk management professionals on the main perils on their radar for the year. Survey respondents included construction and engineering risk experts who identified the threats keeping them up at night. Here is how they ranked the top industry risks for 2026: Natural Catastrophes Natural catastrophe risk retains the top spot, with 38% of construction and engineering respondents citing this risk as their leading concern for 2026. From the insurance perspective, economic and insured losses remained high, albeit lower than the 10-year average. The evolving nature of natural catastrophes continues to pose significant challenges to businesses and the (re)insurance industry. Insured losses from natural catastrophes are set to reach $107 billion for 2025, according to Swiss Re—the sixth year in a row they have exceeded $100 billion, while economic losses are well in excess of $200 billion. Reprinted courtesy of Darren Tasker, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Insurer Granted Summary Judgment on Claim for Roof Damage Caused by Windstorm

May 26, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The insurer successfully moved for summary judgment, eliminating the insured’s claim for roof damage due to windstorm. Mulas v. Westchester Surplus Lines Ins. Co., 2026 U.S. Dist. LEXIS 20537 (Jan. 30, 2026). The insureds’ commercial property sustained windstorm damage during Hurricane Ian. Westchester denied the claim. The insureds believed Westchester wrongfully denied coverage for roof damage and various interior damage to property. The insureds also argued that Westchester’s actual cash value (ACV) payment did not reflect the fully insured loss. The insureds sued and Westchester moved for summary judgment. Westchester argued the roof damage was not covered because Hurricane Ian did not cause the damage. Westchester hired an engineer who determined the roof damage was not caused by wind from Hurricane Ian. Westchester pointed out that the insureds’ expert also found no wind damage on the roof. The insureds offered no other evidence suggesting the hurricane caused roof damage. Therefore, the insureds could not show that Westchester breached the policy by denying coverage. 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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Location, Location, Location — But Which One? The Few Words in Your Construction Contract that Pick Where You Fight

June 29, 2026 — Brad Sands - ConsensusDocs
Most professionals know the old real estate line: location, location, location. It turns out to be just as true for construction contracts as it is for property. Consider a recent case involving a project owner that hired two design firms for a project. When issues arose during construction, the owner sued the design firms in state court in Brazoria County, Texas, pursuant to the forum selection clause in the parties’ contracts. The defendants then removed the case to the federal district court in Galveston, a courthouse in a different county. But the owner wanted the case back in Brazoria County state court. Whether it got its wish came down to two words in the contract: “situated in.” This article is about words like those. A construction contract’s forum selection clause names the place for the fight nobody plans to have, and where that fight happens can shape how it goes. This article explains why the wording in your forum selection clause deserves careful reading before you sign a construction contract. It is not a deep dive into the mechanics of federal removal jurisdiction, and it is not an academic comparison of the terms “forum” and “venue.” Instead, it is a practical look at how courts actually read these clauses, so the location of a future fight is the one you intended. Read the full story...
Reprinted courtesy of Brad Sands, Jones Walker, LLP
Mr. Sands may be contacted at bsands@joneswalker.com

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