Anaheim California Construction Expert Witness Directory

Navigating the New Frontier of Federal-State Energy Regulation: What Energy Companies Need to Know

June 08, 2026 — Ryan J. Regula - Snell & Wilmer
Introduction The jurisdictional boundary between the Federal Energy Regulatory Commission (FERC) and the states is being actively contested, from challenges to landmark transmission planning rules to disputes over emergency cost-allocation orders, in ways that carry significant legal, financial, and operational implications for energy companies. For utilities, independent power producers, and transmission developers, understanding these dynamics is now a strategic imperative. The Jurisdictional Divide: A Bright Line That Isn’t The Federal Power Act divides authority between FERC and the states: FERC exercises jurisdiction over interstate transmission and wholesale electricity sales, while states retain authority over generation facilities, retail rates, and decisions about resource mix. The D.C. Circuit has regularly been called upon to “referee the Federal Power Act’s jurisdictional line separating [FERC’s] jurisdiction over the federal wholesale market and States’ jurisdiction over facilities used in local distribution.”1 Read the full story...
Reprinted courtesy of Ryan J. Regula, Snell & Wilmer
Mr. Regula may be contacted at rregula@swlaw.com

Engineering Seals Versus Contracts ‘Under Seal’ (Two Very Different Things)

May 05, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
Recently, I was asked by a reader to explain the difference between a document that is ‘sealed’ by an engineer (or architect) and one that is signed ‘under seal’. This question prompted this post, as others may also be wondering about the distinction. [Hi Ed! Thanks for your question] Professionals have ‘seals’ that show that they are registered (Engineers) or licensed (Architects). As most of you likely know, your professional seal is something that is hard won and which is used when—and only when—your plans were made by you or someone under your direct supervisory control. Your signature represents that you were in responsible control over the documents, and that they have met the required professional standard of care. (21 NC Admin Code 2-0206 (a)(11)). Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

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

Travelers Injury Impact Report Highlights Longer Recovery Times Amid Declining Injury Rates

May 05, 2026 — The Travelers Companies, Inc.
HARTFORD, Conn.--(BUSINESS WIRE)--The Travelers Companies, Inc. (NYSE: TRV) today released its 2026 Injury Impact Report, an analysis of more than 1.2 million workers compensation claims received by the company from 2021 through 2025. The report finds that even as workplace injury rates decline, the injuries that do occur are growing more complex and taking longer to heal – a trend driven by an aging workforce and the disproportionate vulnerability of first-year employees. “The decrease in workplace injuries is a positive story, yet injured workers are still missing an average of 80 workdays,” said Claude Howard, Vice President of Workers Compensation Claim at Travelers. “This report is a reminder that progress doesn’t mean the risk environment requires any less attention, and an employer’s commitment to safety must keep pace with an ever-evolving workforce and injury landscape.” Read the full story...
Reprinted courtesy of The Travelers Companies, Inc.

Construction Liens: Liening for Amounts Not Yet Technically Due Does Not Mean Lien Is Fraudulent

August 11, 2026 — David Adelstein - Florida Construction Legal Updates
A 2024 bankruptcy ruling, In re Edgewater Construction Group, Inc., 657 B.R. 668 (S.D.Fla. 2024), touched upon an interesting issue when it comes to construction liens. Is a construction lien fraudulent simply because the lien includes amounts not yet due? Not necessarily. In this bankruptcy dispute, the subcontractor debtor (that filed for bankruptcy) recorded two construction liens on projects. The general contractor argued in the bankruptcy court that the subcontractor debtor’s liens were fraudulent. As to the first lien, the general contractor argued that the lien was fraudulent because it included amounts that the debtor knew the general contractor had already paid to the debtor’s subcontractors/suppliers. The bankruptcy court disagreed: “The Court finds that, although the Debtor had been told that [the general contractor] had paid these subcontractors, in light of the ongoing dispute between Debtor and [the general contractor], it was reasonable for the Debtor to demand proof. Debtor’s subsequent filing of a partial satisfaction of lien once the Debtor received the requested proof of payment from [the general contractor] counters any claim of willful exaggeration.” In re Edgewater Construction Group, supra, at 672-673. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Executive Insights 2026: Leaders in Construction Law

October 06, 2026 — Construction Executive
What advice would you give contractors regarding documentation and recordkeeping to better protect themselves during disputes? Jim Archibald Partner Bradley Arant Boult Cummings LLP Disputes over payment, scope and delays are among the biggest risks contractors face. Thorough documentation doesn’t just help win these disputes; it may prevent them from happening at all. Start with the contract: Every project should begin with a written agreement that clearly defines scope, schedule, payment terms and change-order procedures. Verbal understandings are difficult to enforce. Track changes in real time: Change orders, change directives, RFIs and scope clarifications should always be documented in writing. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

Four Kahana Feld Attorneys Selected to 2027 Southern California Super Lawyers® and Rising Stars Lists

August 16, 2026 — Kahana Feld
IRVINE, CA – Aug. 3, 2026 – Kahana Feld is pleased to announce that partners Jason Feld, Amir Kahana, and Sharon Oh-Kubisch were selected to the 2027 Southern California Super Lawyers list, and attorney Hannah Ellenhorn Bloom was selected to the 2027 Southern California Super Lawyers Rising Stars list. Jason Feld was recognized in the area of Construction Litigation. He is a founding partner of Kahana Feld and focuses his practice on the defense of homebuilders, contractors, developers, and real estate professionals primarily in construction defect, general liability, insurance defense, construction accident, and real estate matters. He also represents government entities handling construction, premises liability, general liability, and environmental claims. He serves as panel counsel for many prominent insurance carriers, as well as personal counsel to several national and regional homebuilders, developers, and general contractors. Read the full story...
Reprinted courtesy of Kahana Feld

Louisiana Enacts Important Tort Reform Legislation

May 12, 2026 — Lee M. Peacocke & Benjamin Perkins - Lewis Brisbois
The Louisiana legislature enacted tort reform legislation in 2025 to address the increasing cost of insurance in Louisiana and to provide some predictability to the Louisiana legal system. While our colleagues, Jenny Michel and Jennifer Kretschmann, have provided an excellent and comprehensive analysis of the legislation in their article entitled “Louisiana State Legislature 2025 Regular Session: Tort Reform - Acts & Vetoed Insurance Bill,” which can be found here, this article examines the anticipated impact of the tort reform legislation on personal injury trials in federal and state courts in Louisiana. The most significant reform involves the institution of a modified defense of contributory negligence, which went into effect on January 1, 2026. Since 1996, Louisiana had operated as a pure comparative fault state; the liability of each party whose fault caused damages was to be allocated among the respective parties based upon their appropriate percentage of fault, regardless of the legal theory of liability asserted against each party. Thus, a plaintiff 55 percent at fault could recover 45 percent of their damages from the liable defendants. The 2025 Tort Reform Amendments now prohibit a plaintiff in a personal injury action from recovering any damages if they are found to be 51 percent or more at fault for their damages. The 55 percent at-fault party in the example above is now prohibited from recovering any damages from any party. Importantly, this new legislation now requires the trial court to instruct the jury that if they find a plaintiff to be more than 50 percent at fault, then the plaintiff will not recover any damages. Reprinted courtesy of Lee M. Peacocke, Lewis Brisbois and Benjamin Perkins, Lewis Brisbois Mr. Peacocke may be contacted at Lee.Peacocke@lewisbrisbois.com Mr. Perkins may be contacted at Benjamin.Perkins@lewisbrisbois.com Read the full story...

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