ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Celebrating Freedom: The Overlooked Freedom to Contract in Commercial Insurance

July 20, 2026 — Michael S. Levine & Andrea DeField - Hunton Insurance Recovery Blog
Happy 4th and 250 years of freedom . . . to contract! Many policyholders assume insurance policies are “standard” and must be accepted as-is. That assumption is often wrong—and dangerously limiting. Unlike many consumer insurance markets, the commercial insurance realm preserves a robust “freedom to contract,” allowing sophisticated policyholders to negotiate terms, exclusions, definitions, and limits before a policy is even issued. Particularly in recent years, high-profile disputes over cyber coverage, business interruption, and war/cyber exclusions have shown not just what happens when coverage is denied, but what could have been done up front to avoid those fights. This post highlights the power policyholders still hold in the negotiation process and illustrates, with concrete examples from recent media-covered disputes, how that freedom can be strategically used. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth LLP and Andrea DeField, Hunton Andrews Kurth LLP Mr. Levine may be contacted at mlevine@hunton.com Ms. DeField may be contacted at adefield@hunton.com Read the full story...

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Arizona Supreme Court Clarifies Parties’ Post-Default Conduct Cannot Validate Void Default Orders

August 24, 2026 — Joseph Kanefield, Ryan P. Hogan & Lilly M. Geiler - Snell & Wilmer
After filing a lawsuit, the first step is always serving process on the opposing party. While that preliminary step sounds basic enough, in McMahan v. Grasshopper, the Arizona Supreme Court recently provided a helpful refresher on the nuances of the service requirement and its importance in litigation for plaintiffs and defendants alike.1 Background McMahan arose from a hit-and-run where a tractor-trailer collided with safety barricades and injured a construction worker. The construction worker sued the tractor-trailer company, and he attempted to serve the company by leaving a copy of the complaint with the assistant to the company’s statutory agent who forwarded the complaint to the company. The assistant, however, was not authorized to accept service on the company’s behalf. Before the company appeared in the action, the construction worker successfully obtained an entry of default. Reprinted courtesy of Joseph Kanefield, Snell & Wilmer, Ryan P. Hogan, Snell & Wilmer and Lilly M. Geiler, Snell & Wilmer Mr. Kanefield may be contacted at jkanefield@swlaw.com Mr. Hogan may be contacted at rhogan@swlaw.com Ms. Geiler may be contacted at lgeiler@swlaw.com Read the full story...

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Chambers USA Recognizes Hunton’s Insurance Coverage Practice in 2026 Guide

June 29, 2026 — Hunton Insurance Recovery Blog
Hunton is pleased to announce that its insurance coverage practice was recognized nationally for Insurance: Dispute Resolution – Policyholder in the recently released 2026 Chambers USA guide. The team also received state rankings in Florida (Insurance: Dispute Resolution), Georgia (Insurance), the District of Columbia (Insurance: Policyholder), and Massachusetts (Insurance). In addition to the insurance team’s group recognition across multiple states, the 2026 guide included individual rankings for Lorelie “Lorie” S. Masters (USA Nationwide and District of Columbia), Latosha M. Ellis (District of Columbia), Michael S. Levine (District of Columbia), Koorosh “KT” Talieh (District of Columbia), Walter J. Andrews (Florida), Andrea DeField (Florida), Cary D. Steklof (Florida), Lawrence J. Bracken II (Georgia), and Geoffrey B. Fehling (Massachusetts). Read the full story...
Reprinted courtesy of Hunton Andrews Kurth LLP

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How AEC Firms Move AI Beyond the Pilot

July 27, 2026 — Aarni Heiskanen - AEC Business
Most AEC firms can run an AI pilot, but few can scale it. Enthusiasm for a first experiment rarely extends beyond the pilot team, leaving the pilot as an isolated win that never changes how the company works. In a recent AEC Business Podcast episode, Adeline Chan, CEO and co-founder of Hong Kong-based AAL Innovation, explained why that gap exists and what separates the firms that close it from those that stall. The Pilot Mindset that Holds Construction Back Adeline draws a sharp contrast between finance and construction. Banks cannot afford to fall behind their competitors, so they pilot constantly, sometimes running hundreds of proof-of-concept teams in parallel and letting them compete internally to identify the approach that works. The winning concept becomes the standard and scales across the organization, and the return on investment is measured in undeniable numbers. 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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Same Insurers, Different Results: Another Chapter in Acuity v. Kinsale and the Limits of Co-Carrier Recovery Under Colorado Law

October 27, 2026 — David McLain - Colorado Construction Litigation Blog
When multiple insurers potentially owe coverage for the same construction defect claim, can one insurer force another to participate in the defense or indemnification of their common insured? If the other insurer refuses, what remedies are available? As is often the case in insurance coverage litigation, the answer depends on precisely what claim is being asserted, whose rights are being enforced, and when the claim is brought. In our earlier article, Acuity v. Kinsale Insurance Company: Co-Carrier Obligations and Subrogation under Colorado Law, we examined the United States District Court for the District of Colorado’s decision in Acuity v. Kinsale Insurance Company, 750 F. Supp. 3d 1229 (D. Colo. 2024). That decision addressed the circumstances under which an insurer that funded a construction defect settlement could pursue another insurer for equitable contribution, contractual subrogation, and alleged bad-faith conduct. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

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Surety Requiring Collateral Security Under General Agreement of Indemnity

September 08, 2026 — David Adelstein - Florida Construction Legal Updates
In order to procure bonds (payment and performance bonds), you need to sign a General Agreement of Indemnity (referred to as the “GAI”) with the surety (bonding company). It does not matter the surety issuing the bonds, the terms and conditions in the General Agreement of Indemnity are largely consistent. These terms and conditions are one-sided written in favor of the surety. This is because bonds are not insurance. When a surety issues such bonds, it is doing so under the premise that it will get reimbursed every penny that it incurs relative to its exposure- whether incurred in attorney’s fees, consulting costs, or remediating a default or claim under the applicable bond. The General Agreement of Indemnity is one of the most powerful contracts in construction and is a contract that is not to be taken lightly. It provides the surety numerous rights in the event of a claim. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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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...

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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

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