ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Federal Bid Protest Standard of Review and Disparate Treatment with Ratings

August 16, 2026 — David Adelstein - Florida Construction Legal Updates
A recent decision out of the Federal Claims Court explains the post-award bid protest standard of review. In Massman Construction Co. v. U.S., 2026 WL 1971985 (Fed.Cl. 2026), a protestor brought a post-award bid protest after the Army Corps of Engineers awarded the contract to another contractor. The protestor argued that the Army Corps (government) acted irrational in its evaluation through disparate treatment. The Court of Federal Claims agreed and remanded for the Army Corps to “either justify this disparity or explain why [awardee’s] lower-priced, but technically inferior proposal provides the best value to the government.” Massman Construction, supra at *1. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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The Modern Nuclear Renaissance Reaches New England

April 14, 2026 — Stephen J. Humes - Gravel2Gavel Construction & Real Estate Law Blog
On March 31, 2026, the governors of all six New England states issued a joint, bipartisan statement committing the region to explore deployment of advanced nuclear energy technologies while supporting the continued safe, affordable and reliable operation of New England’s existing nuclear generation facilities. This coordinated regional initiative follows a major policy announcement in June 2025 by New York Governor Kathy Hochul directing the New York Power Authority to pursue development of at least 1,000 MW of advanced nuclear generation to support statewide reliability needs and New York’s zero‑carbon mission. Less than one year after New York formally embraced a modern nuclear renaissance, that renaissance has now expanded across the New England states—signaling a broader Northeast regional pivot toward nuclear as a core element of long‑term reliability, affordability and decarbonization strategies. For utilities and power generators, this shift creates both opportunities and planning imperatives that warrant immediate attention. Read the full story...
Reprinted courtesy of Stephen J. Humes, Pillsbury
Mr. Humes may be contacted at stephen.humes@pillsburylaw.com

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Prefatory Contract Language Cannot Be Used to Create an Ambiguity with Operative Provisions

May 12, 2026 — David Adelstein - Florida Construction Legal Updates
Contract drafting and interpretation matters. A case dealt with the potential conflict with prefatory language in an agreement compared with operative provisions in the agreement. The trial court held that the operative provisions control. I discussed this case here where the appellate court reversed based on the prefatory language. But, through a motion for rehearing, the appellate court reconsidered its position and affirmed the trial court based on the operative provisions, mainly that the prefatory language cannot be used to create an ambiguity with operative provisions. Consider this explanation in affirming the trial court:

Because the trial court correctly found that the initial language in the contract was prefatory and could not be used to create an ambiguity in the remainder of the contract, we affirm the final judgment.

Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Motion for Summary Judgment Granted in Significant California Public Utilities Suit

May 12, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to Partner Mike D’Andrea and Associates Ruth Rasiah and Kaylah Abdullah in the Los Angeles office for obtaining a complete dismissal of their clients in a significant claim involving California’s Public Utilities regulations. After lengthy litigation, BWB&O’s Motion for Summary Judgment was granted against Claimant, Spectrum (Charter Communications), which resulted in a complete dismissal of the action against BWB&O’s clients. At issue was whether California’s Public Utilities Code shifted the common law duty to maintain certain utility equipment in residential areas within Southern California. After significant briefing, the Superior Court found that BWB&O correctly argued that the Public Utilities Code required utility companies, like Spectrum, to fully maintain utility equipment, and that private residents are not responsible for utility maintenance (even if the physical equipment is located on private property). Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

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Only A Contractor Can Appeal a Contracting Officer’s Final Decision

April 20, 2026 — David Adelstein - Florida Construction Legal Updates
A recent decision from the Civilian Board of Contract Appeals confirms that “only a ‘contractor’ may file an appeal of a contracting officer’s final decision.” Wattiker v. General Services Administration, 2026 WL 846001 (CBCA 2026) (citation omitted). The term “contractor is not an ambiguous term. A ‘contractor’ refers to a party to a federal government contract. Wattiker (citing the Contract Disputes Act). This is why the Contract Disputes Act does not apply to parties that are NOT in contract with the federal government. Id. In Wattiker, an appellant (appealing party) challenged the dismissal of a co-appellant. The co-appellant was dismissed because he was not a contractor, i.e., a party in contract with the federal government. In other words, the co-appellant had no privity of contract with the federal government. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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White and Williams LLP Secures a Clean Sweep Dismissal of Architect's Professional Liability Coverage Lawsuit

August 16, 2026 — Daniel E. Bryer & Brendaliz Minaya Ruiz - White and Williams LLP
White and Williams LLP achieved a complete dismissal of professional liability coverage claims through a strategic defense led by Insurance Coverage and Bad Faith Practice Group attorneys Daniel E. Bryer, Partner and Brendaliz Minaya Ruiz, Associate. In a nuanced action styled, Vincent Cusumano Architect P.C., et al. v. Berkshire Hathaway Direct Insurance Company, et al., decided in the U.S. District Court for the District of New Jersey, plaintiffs asserted twelve pre-contractual and contractual-based causes of action against their liability insurer, Berkshire Hathaway Direct Insurance Company, and its insurance agent (collectively, “Defendants”) for denying a professional liability claim arising from plaintiffs’ prior work. Reprinted courtesy of Daniel E. Bryer, White and Williams LLP and Brendaliz Minaya Ruiz, White and Williams LLP Mr. Bryer may be contacted at bryerd@whiteandwilliams.com Ms. Ruiz may be contacted at minayaruizb@whiteandwilliams.com Read the full story...

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Flatiron Said Disputed Concrete Mix Cost Millions on Large Caltrans Project

June 22, 2026 — Elaine Silver & Richard Korman - Engineering News-Record
For awhile in 2023, part of the California Dept. of Transportation's (Caltrans) Fix 50 HOV lane and resurfacing project in Sacramento itself needed to be fixed. Reprinted courtesy of Elaine Silver, Engineering News-Record and Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story...

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AI Adoption in Construction: A UK Practitioner’s View

April 20, 2026 — Aarni Heiskanen - AEC Business
I recently talked with Chris Brady, an AI adoption consultant based in Birmingham, UK, who has spent 18 years working in construction. Two years ago, he began integrating AI into his work with contractors and SMEs, initially as an add-on service, and it has since become his main business. Chris now runs Metrix, an AI consultancy focused on UK construction companies, alongside two other ventures: Trade Upskill, an education platform for construction professionals, and ctrldash.ai, a compliance-automation SaaS for construction SMEs, both of which are soon to launch. What struck me most in our conversation was how grounded his approach is, built on years of direct industry experience rather than arriving from outside with a technology solution looking for a problem. 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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