ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

GRSM Defeats Class Certification in Precedent-Setting HOA Management Case

September 15, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani Partners Fletcher Alford and Kevin Liu and Associate Jigar Desai secured a favorable outcome on behalf of an HOA management company in a precedent-setting class action before the U.S. District Court for the Eastern District of California, obtaining denial of the plaintiff’s motion for class certification and dismissal without prejudice of the three claims at issue. The plaintiff alleged that the defendant received earnings credit payments from a bank in exchange for maintaining HOA deposit accounts and failed to disclose the arrangement to its HOA clients. The plaintiff sought more than $40 million in damages, asserting five claims: (1) breach of contract for failing to act in class members’ best interests by not disclosing the alleged earnings credit arrangement; (2) violation of California’s Unfair Competition Law (UCL) based on alleged violations of California Civil Code §§ 5375, 5375.5, and 5380; (3) breach of fiduciary duty based on the alleged undisclosed arrangement; (4) violation of the UCL for unfair business practices arising from the alleged nondisclosure; and (5) unjust enrichment. The plaintiff sought class certification under Federal Rule of Civil Procedure 23(b)(2) and 23(b)(3) only as to its second, third, and fourth causes of action. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

---

Endorsement is Void Where Compliance is Impossible

September 21, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Sixth Circuit found that the insured’s loss of property due to fire was covered despite noncompliance with an endorsement requiring encompassing the property. 3371 Reading, LLC v. Liberty Mut Group, Inc., et al., 2026 U.S. App. LEXIS 19156 (6th Cir. June 29, 2026). The insured, 3371 Reading, owned a building undergoing renovation. After the structure burned down, 3371 Reading made a claim under its policy with Ohio Casualty Insurance Company. Ohio Casualty relied on an endorsement requiring fencing round the jobsite. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---

Colorado Legislature Considers Series of Bills Aimed at Boosting Affordable Housing Construction in Colorado — What Homebuilders Need to Know

April 08, 2026 — Amanda E. McKinlay - Snell & Wilmer
On January 21, 2026, lawmakers introduced a series of bills with the goals of addressing affordable housing issues and incentivizing construction in Colorado. House Bill 26-1001 (known as the “Housing Opportunities Made Easier ‘HOME’ Act”) concerns the promotion for residential developments on “qualifying properties” that do not contain exempt parcels through the bypassing of often time-consuming local planning processes. Under HB26-1001, a “qualifying property is any real property that contains no more than five acres of land and is owned by: (i) a nonprofit organization with a demonstrated history of providing affordable housing; (ii) a nonprofit organization that provides public transit; (iii) a nonprofit organization that has entered into an agreement with another nonprofit organization with a demonstrated history of providing affordable housing, provided that the agreement requires the nonprofit organization with a demonstrated history of providing affordable housing to develop a residential development on the property; (iv) a school district; (v) a state college or university; (vi) a housing authority; or (vii) a local or regional transit district or a regional transportation authority serving one or more counties. Read the full story...
Reprinted courtesy of Amanda E. McKinlay, Snell & Wilmer
Ms. McKinlay may be contacted at amckinlay@swlaw.com

---

Ball Janik LLP Welcomes Construction Defect Attorney and U.S. Air Force Veteran Jake Scott to its Fort Lauderdale Office

June 02, 2026 — Ball Janik LLP
Ball Janik LLP, a leading construction defect and insurance recovery law firm, has welcomed Jake Scott as an associate in its Fort Lauderdale office. Scott joins the Construction Defect Practice Group, bringing experience across construction litigation that includes construction defect, contract dispute, and negligence matters, along with a track record of representing construction professionals through depositions, court appearances, and trial preparation to support the firm's steady growth and client service statewide. "We're excited to welcome Jake Scott to our Fort Lauderdale office and Construction Defect Practice Group," said James C. Prichard, Managing Partner at Ball Janik LLP. "We look forward to the fresh perspectives and legal solutions he will provide for community associations across South Florida." Scott is a results-driven attorney dedicated to providing strategic counsel for complex legal challenges. He has experience managing all phases of a case, from early investigation and discovery through trial preparation and settlement negotiations. Prior to joining Ball Janik, Scott served as an associate attorney in Fort Lauderdale, where he represented clients in construction litigation matters, handled depositions and court appearances, conducted legal research, and drafted pleadings, motions, and briefs. He also worked as an attorney in Tampa, where he represented contractors, subcontractors, and construction firms in defending claims involving construction defects, contractual disputes, and negligence, and worked closely with expert witnesses, engineers, and consultants to develop and present technical evidence. Scott's experience representing the development and building sides of construction disputes provides a valuable, contrast-driven perspective that supports the strategic evaluation of claims and practical approaches to resolution for Ball Janik's clients. A proud veteran, Scott served in the United States Air Force for eight years, including roles as an Airspace Control Officer and in Space Systems Operations, supporting safe space flight operations and satellite communications. Carrying the discipline of airborne operations, Scott worked in the aerospace sector as a Satellite Engineer and Orbital Analyst. He also held a role in the housing sector, supporting marketing and business development initiatives. Scott received his law degree from Stetson University College of Law. He attended American Military University, where he earned degrees in marketing, business management, and related support services. About Ball Janik LLP Ball Janik LLP is a Florida-based law firm offering construction defect, construction law, insurance recovery, and commercial litigation counsel to its local and national clients. The firm was founded in 1982 and has expanded its capabilities, professionals, and geographic footprint. What started as a small firm focused on real property, land use, and litigation (known then as Ball Janik & Novack) has grown to a team of 50-plus attorneys and paralegals in 5 offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, and Corporate International. Read more here: https://www.balljanik.com.

---

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

---

Delay Matters: Florida’s Fourth DCA Reverses Hurricane Irma Dismissal

June 08, 2026 — Andrea DeField, Machaella Reisman & Cary D. Steklof - Hunton Insurance Recovery Blog
The mantra “delay, deny, defend” is frequently referenced in discussions of insurance claims handling, though insurers will invariably disavow these tactics. While it would be facially improper for an insurer to delay a coverage decision to gain a tactical advantage, empirical examples nonetheless exist. This very dynamic was addressed by Florida’s Fourth District Court of Appeals when it handed policyholders a win in Hypoluxo Mariner’s Cay Condo. Assoc’n, Inc. v. Underwriters at Lloyd’s London, No. 4D2024‑2250 (Fla. 4th DCA Apr. 1, 2026), reversing a trial court order dismissing a condominium association’s Hurricane Irma coverage lawsuit against its property insurer. Delay to Run the Statute of Limitations Following Hurricane Irma, a condominium association suffered roof and exterior envelope damage, reported an insurance claim, and submitted a sworn proof of loss to its property insurer in compliance with Florida Statute § 627.70132 (2020). The statute establishes a timeframe within which a policyholder must submit a claim for hurricane damage. Reprinted courtesy of CDJ’s #4 Topic of the Year: KB Home Greater Los Angeles, Inc. v. The Superior Court of Los Angeles County

That Boilerplate Language May Just Land You in Hot Water

Blackstone to Buy Chicago’s Willis Tower for $1.3 Billion

U.S. Home Prices Rose More Than Estimated in February

Getting U.S to Zero Carbon Will Take a $2.5 Trillion Investment by 2030

Colorado’s Need for Condos May Spark Construction Defect Law Reform

Mobile Home Owners Not a Class in Drainage Lawsuit

New Safety Requirements added for Keystone Pipeline

Hold on Just One Second: Texas Clarifies Starting Point for Negligence Statute of Limitations

“Don’t Coblentz - You Might Miss It!”

Safe and Safer

David M. McLain to Speak at the CLM Claims College - School of Construction - Scholarships Available

New Jersey Supreme Court Holding Impacts Allocation of Damages in Cases Involving Successive Tortfeasors

Insurance Law Client Alert: California Appeals Court Refuses to Apply Professional Services Exclusion to Products-Completed Operations Loss

New Tariffs Could Shorten Construction Expansion Cycle

Client Alert: Restaurant Owed Duty of Care to Driver Killed by Third-Party on Street Adjacent to Restaurant Parking Lot

Avoid L&I Violations by Following Appropriate Safety Procedures

Fifth Circuit Requires Causal Distinction for Ensuing Loss Exception to Faulty Work Exclusion

English v. RKK. . . The Saga Continues

Insurer Unable to Declare its Coverage Excess In Construction Defect Case

Developer Transition - Maryland Condominiums

AGC’s 2024 Construction Outlook. Infrastructure is Bright but Office-Geddon is Not

Scaffolding Purchase Suggests No New Building for Board of Equalization

“Bee” Careful: Unique Considerations When Negotiating a Bee Storage Lease Agreement

Reminder: A Little Pain Now Can Save a Lot of Pain Later

More Musings From the Mediation Trenches

Jury Awards 20 Million Verdict Against Bishop Abbey Homes

Non-compliance With Endorsement Means No Indemnity Coverage

Impasse Over Corruption Charges Costs SNC $3.7 Billion, CEO Says

July Sees Big D
Top 10 Cases of 2019

Washington Trial Court Narrows Definition of First Party Claimant, Clarifies Available Causes of Action in Commercial Property Loss Context

Schools Remain Top Priority in Carolinas as Cleanup From Storms Continues

24th Annual West Coast Casualty Construction Defect Seminar A Success

Nevada’s Mandatory Nonbinding Arbitration Law for Civil Cases is Going Through Changes

Property Owner Entitled to Rely on Zoning Administrator Advice

How to Determine the Deadline for Recording a California Mechanics Lien

Senate’s Fannie Mae Wind-Down Plan Faces High Hurdles

Performance Bond Surety Takeover – Using Terminated Contractor To Complete The Work

Proposition 65: OEHHA to Consider Adding and Delisting Certain Chemicals of Concern

Employee Screening and Testing in the Covid-19 Era: Getting Back to Work

Harmon Tower Construction Defects Update: Who’s To Blame?

Federal Court Upholds Uninsured Contractor Endorsement; Finds Duty to Defend Anyway

Australians Back U.S. Renewables While Opportunities at Home Ebb

Meet the Forum's In-House Counsel: SONYA SEEDER

Boston’s Tunnel Project Plagued by Water

Florida Project Could Help Address Runoff, Algae Blooms

The GKN Aerospace Chemical Release and the Laws Designed to Address It

Real Estate & Construction News Roundup (8/21/24) – REITs Show Their Strength, Energy Prices Increase Construction Costs and CRE Struggles to Keep Pace

Legislative Update on Bills of Note (Updated Post-Adjournment)

ZLien Startup has Discovered a Billion in Payments for Clients

Yellowstone Park Aims for Quick Reopening After Floods

Supreme Court Finds Insurance Coverage for Intentional (and Despicable) Act of Contractor’s Employee

Exceptions to Privette Doctrine Do Not Apply Where There is No Evidence a General Contractor Affirmatively Contributed to the Injuries of an Independent Contractor's Employee

Melissa Dewey Brumback Invited Into Claims & Litigation Management Alliance Membership

St. Mary & St. John Coptic Orthodox Church v. SBS Insurance Services, Inc.

Filing Motion to Increase Lien Transfer Bond (Before Trial Court Loses Jurisdiction Over Final Judgment)

Insurer Must Cover Portions of Arbitration Award

Texas Supreme Court Defines ‘Plaintiff’ in 3rd-Party Claims Against Design Professionals

Couple Sues for Construction Defects in Manufactured Home

Government’s Termination of Contractor for Default for Failure-To-Make Progress

How AI Can Become a Design Adviser

Florida’s Citizens Property Insurance May Be Immune From Bad Faith, But Is Not Immune From Consequential Damages

Although Property Damage Arises From An Occurrence, Coverage Barred By Business Risk Exclusions

Recycling Our Cities, One Building at a Time

Following Mishaps, D.C. Metro Presses on With Repairs

Not So Unambiguous: California Court of Appeal Finds Coverage for Additional Insured

Pending Sales of Existing Homes in U.S. Decline for Eighth Month

Insured Versus Insured Clause Does Not Bar Coverage

Presenting a “Total Time” Delay Claim Is Not Sufficient

How Will Today’s Pandemic Impact Tomorrow’s Construction Contracts?

Colorado Homebuyers Must be in Privity of Contract with Developer to Assert Breach of Implied Warranty of Suitability

Newmeyer & Dillion Ranked Fourth Among Medium Sized Companies in 2016 OCBJ Best Places to Work List

Seattle’s Tallest Tower Said Readying to Go On the Market

Why Are Developers Still Pouring Billions Into Waterlogged Miami?

Irvine Partner Cinnamon J. Carr and Associate Brittney H. Aquino Prevail on Summary Judgment

Construction Laborers Sue Contractors Over Wage Theft

Trump’s Infrastructure Weak

eRent: Construction Efficiency Using Principles of the Sharing Economy

If Passed, New Bill AB 2320 Will Mandate Cyber Insurance For State Government Contractors