ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Snell & Wilmer Recognized Among the Top 10 Largest Law Firms in Orange County by the Orange County Business Journal for the Ninth Consecutive Year

April 27, 2026 — Snell & Wilmer
ORANGE COUNTY – Snell & Wilmer is pleased to announce that its Orange County office has been named the eighth largest law firm in Orange County on the Orange County Business Journal’s 2026 List of Law Firms. The office has been ranked among the top 10 largest law firms in the region by the Orange County Business Journal for nine consecutive years. “We are proud to once again be recognized among the top law firms in Orange County,” said Jonathan E. Frank, managing partner of the firm’s Orange County office. “This recognition is a testament to the outstanding attorneys and professionals in our Orange County office and the clients who trust us with their most important matters. Being ranked among the top 10 largest firms in the region for nine consecutive years reflects both the strength of our team and our deep commitment to serving the Orange County business community.” Read the full story...
Reprinted courtesy of Snell & Wilmer

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Ninth Circuit Holds That Policies Covering Environmental Claims Do Not Have Aggregate Limits

May 12, 2026 — Lorelie S. Masters & Joseph T. Niczky - Hunton Insurance Recovery Blog
In the case of County of San Bernardino v. Insurance Company of the State of Pennsylvania, the Ninth Circuit recently addressed the issue of whether general liability policies issued in the 1960s and 1970s included aggregate limits for claims arising under the premises-operations coverage in CGL policies. The difference between the policyholder’s interpretation of the policies’ limits clauses and the insurer’s interpretation was worth hundreds of millions of dollars in exposure for the insurer. The Court closely examined the policy language and extrinsic evidence from both the insurance industry’s drafting history and the parties before concluding that the policies were ambiguous. The Court construed that ambiguity in favor of the policyholder and ruled that aggregate limits did not apply to the claims at issue. The Court’s decision underscores the importance of carefully examining a policy’s limits, especially for older policies written before 1986 when the insurance industry revised the standard-form CGL policy to state the aggregate limits apply not only to products liability claims but to premises-operations claims as well. Decades of insurance industry drafting history confirms, as the policyholder’s submissions in this case indicate, that the industry well understood that operations claims like the environmental waste-disposal claims at issue here typically were not subject to aggregate limits. Reprinted courtesy of Lorelie S. Masters, Hunton Andrews Kurth LLP and Joseph T. Niczky, Hunton Andrews Kurth LLP Ms. Masters may be contacted at lmasters@hunton.com Mr. Niczky may be contacted at jniczky@hunton.com Subcontrator’s Insurer Must Reimburse for Defense of ContractorJanuary 21, 2026 &mdas

Groundbreaking New York Law Regulates Third-Party Litigation Funding for the First Time

February 02, 2026 — Nicholas P. Hurzeler - Lewis Brisbois
On December 19, 2025, New York Governor Kathy Hochul signed the Consumer Litigation Funding Act (A804-C/S1104A) into law. The new statute takes aim at abusive third-party litigation funding practices statewide. For years, the unregulated "lawsuit loan" industry has acted as a silent inflator of claim values, forcing plaintiffs to reject reasonable settlement offers in order to pay back exorbitant interest. The new regulatory framework, effective June 17, 2026, introduces caps and transparency measures that may help stabilize settlement negotiations and curb artificially inflated demands. The law does not apply to contracts made before its effective date. Below are some of its most important provisions. Read the full story...
Reprinted courtesy of Nicholas P. Hurzeler, Lewis Brisbois
Mr. Hurzeler may be contacted at Nicholas.Hurzeler@lewisbrisbois.com

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Differing Site Conditions Claim Requires a Misrepresentation

May 14, 2026 — David Adelstein - Florida Construction Legal Updates
If you are entertaining a differing site conditions claim, consider this Third District Court of Appeals case from the mid-90s. In Hendry Corp. v. Metropolitan Dade County, 648 So.2d 140 (Fla. 3d DCA 1995), a contractor was hired by Dade County to demolish the old Rickenbacker Causeway in Miami. The original 1941 plans of the causeway were made available to contractors. The lowest bidding contractor that was awarded the project based its bid “on its conclusion that the pilings supporting the old bridge were made of concrete.” Hendry, supra at 141. The contractor based this conclusion on the original plans, its visual observation, and experience. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Outer Banks Homes Collapsing Is Just a Taste of What’s to Come

December 22, 2025 — Mark Gongloff - Bloomberg
On Sept. 20, 2024, a four-bedroom, three-bathroom beach house in Buxton, North Carolina, in the heart of the Outer Banks, sold for $580,000. On Oct. 28 this year, the house, known as Mermaid’s Rest, collapsed into the ocean. It was one of five homes swallowed that day by high waves churned up by an offshore storm. Few things demonstrate how climate change is already upending lives and fortunes quite like watching somebody’s stately vacation home topple into the drink. But Outer Banks houses like Mermaid’s Rest (a striking example first dug up by the New York Times but just one of many such cases), are mere showroom models for the havoc that rising seas are already threatening. First, let’s get one caveat out of the way: Barrier islands like the Outer Banks are always changing shape, regardless of the climate. Homes built on the shores of such islands have always been at risk of eventually sliding off the edge like a quarter in one of those coin-pusher arcade games. Read the full story...
Reprinted courtesy of Mark Gongloff, Bloomberg

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David Samani Joins BHBA Podcast on Mediation Best Practices

May 05, 2026 — Lewis Brisbois
Los Angeles Partner David Samani recently joined a Beverly Hills Bar Association (BHBA) podcast titled, “Mediation 360: Preparation from the Defense, Plaintiff, and Mediator Perspectives,” during which he shared his insights on various aspects of the mediation process. Mr. Samani, along with a plaintiff’s attorney and a mediator, presented their thoughts on topics including how to determine whether a case is appropriate for mediation, preparing to mediate a case, communicating with clients, and handling the mediation itself. Mr. Samani explained that early communication with clients is critical so that attorneys may learn what a client’s objectives are and develop an assessment of the case. He described that “from an early stage,” attorneys should determine the cost of litigation and ensure that the client understands “what an aggressive defense might entail.” As the matter progresses, attorneys and clients should “continue the dialogue” regarding costs as well as the strengths and weaknesses of the case, “making sure the client is apprised of the various alternatives that exist.” In addition, Mr. Samani discussed factors to consider when choosing a mediator, noting, “All mediators have their own styles and backgrounds.” He explained that some cases may call for a mediator with specialized knowledge in a particular area such as bankruptcy or securities, while other mediations may benefit from a mediator who understands the realities of private practice. Read the full story...
Reprinted courtesy of Lewis Brisbois

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On Checks and Balances

March 03, 2026 — Garret Murai - California Construction Law Blog
It’s called “checks and balances” for a reason. And, generally, it works well so long as there are clear boundaries between the “co-equal” branches of government. In Associated General Contractors of California, Inc. v. Department of Industrial Relations, 108 Cal.App.5th 243 (2025), the 3rd District Court of Appeals upheld a set of regulations issued by the California Apprenticeship Council that contradicted an earlier 2015 ruling of the Court of Appeals. The Associated General Contractors of California Case At issue in the case was California’s Prevailing Wage Law which requires public works contractors to hire a certain ratio of apprentices. The purpose of the apprenticeship requirements is to maintain the pipeline of skilled tradespeople on taxpayer-funded projects. Read the full story...
Reprinted courtesy of Construction Litigation Roundup: “Stop - In the Name of the Law!”

Comparing Contracts: A Review of the AIA 201 and ConsensusDocs - Part II

Gen Xers Choose to Rent rather than Buy

Latosha Ellis Selected for 2019 Leadership Council on Legal Diversity Pathfinder Program

DoD Will Require New Cybersecurity Standards in 2020: Could Other Agencies Be Next?

Pollution Exclusion Bars Coverage for Inverse Condemnation Action

When Must a New York Insurer Turn Over a Copy of the Policy?

Construction Defects #10 On DBJ’s Top News Stories of 2015

Real Estate Firms Push to Preserve Carried Interest Tax Break

Florida’s Third District Court of Appea
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California Supreme Court Approves of Annual Civility Oath for Attorneys, Rejects Incivility As Basis for Disciplinary Measures

Federal Court Sets High Bar for Pleading Products Liability Cases in New Jersey

Bronx Public Housing Tower Partially Collapses

Building Supplier Sued for Late and Defective Building Materials

Sometimes, Being too Cute with Pleading Allegations is Unnecessary

Common Construction Contract Provisions: No-Damages-for-Delay Clause

A DC Office Building Offers a Lesson in Glass and Sculpture

The Unpost, Post: Dynamex and the Construction Indianapolis

Construction Laborers Sue Contractors Over Wage Theft

Nancy Conrad to Serve as President of the Pennsylvania Bar Association

Arbitration: For Whom the Statute of Limitations Does Not Toll in Pennsylvania

Bid Protests: The Good, the Bad and the Ugly (Redeux)

Practical Advice: Indemnification and Additional Insured Issues Revisited

Seven Kahana Feld Attorneys Selected to 2025 New York Metro Super Lawyers Lists

20 Years of BHA at West Coast Casualty's CD Seminar: Chronicling BHA's Innovative Exhibits

Montana Supreme Court: Insurer Not Bound by Insured's Settlement

Cal/OSHA ETS: Newest Version Effective Today

Identifying Unfair Clauses in Construction Contracts

Significant Issues Test Applies to Fraudulent Claims to Determine Attorney’s Fees

Don't Count On a Housing Slowdown to Improve Affordability

The Evolution of Construction Defect Trends at West Coast Casualty Seminar

After $15 Million Settlement, Association Gets $7.7 Million From Additional Subcontractor

Construction Defects Survey Results Show that Warranty Laws Should be Strengthened for Homeowners & Condominium Associations

Recent Decision Further Jeopardizes Availability of Additional Insured Coverage in New York

The Prolonged Effects on Commercial Property From Extreme Weather

Client Alert: Michigan Insurance Company Not Subject to Personal Jurisdiction in California for Losses Suffered in Arkansas

Dispute Resolution Provision in Subcontract that Says Owner, Architect or Engineer’s Decision Is Final

Hunton Insurance Recovery Lawyers Ranked by Chambers as Top Insurance Practitioners

Read Carefully. The Insurance Coverage You Thought You Were Getting May Not Be The Coverage You Got

The Salt Lake Tribune Names Snell & Wilmer a Winner of the Top Workplaces 2025 Award

Crews Tested By Rocky Ground, Utility Challenges

Changes to Va. Code Section 43-13: Another Arrow in a Subcontractor’s Quiver

BHA has a Nice Swing Donates to CDCCF

Excess Carrier's Declaratory Judgment Action Stayed While Underlying Case Still Pending

Small Airport to Grow with Tower

Georgia Court Rules that Separate Settlements Are Not the End of the Matter

No Coverage For Damage Caused by Chinese Drywall

Nevada Judge says Class Analysis Not Needed in Construction Defect Case

Homebuilders Call for Housing Tax Incentives

Appeals Court Affirms Carrier’s Duty to Pay Costs Taxed Against Insured in Construction Defect Suit

North Carolina Supreme Court Addresses “Trigger of Coverage,” Allocation and Exhaustion-Related Issues Arising Out of Benzene-Related Claims

Manufacturer of Asbestos-Free Product May Still Be Liable for Asbestos Related Injuries

Mechanic’s Liens- Big Exception

Insurer's Attempt to Limit Additional Insured Status Fails

Team Temporarily Stabilizes Delaware River Bridge Crack

Weather Delay Claim - Owner Delay Pushes Contractor into Worse Seasonal Adverse Weather

Wildfire Risk Scores and Insurance Placement: What You Should Know

Following Pennsylvania Trend, Federal Court Finds No Coverage For Construction Defect

Federal Miller Act Payment Bond Claim: Who Gets Paid and Who Does Not? What Are the Deadlines?

Pensacola Bridge Halted Due to Alleged Construction Defects