ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Bad Faith Claim Survives Summary Judgment

June 08, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court denied the insurer’s motion for partial summary judgment on the insured’s bad faith claim, but granted the motion on the insured’s claim for punitive damages. Serbian Orthodox Church v. Brotherhood Mut. Ins. Co., 2026 U.S. Dist. LEXIS 58234 (S.D. Cal. March 19, 2026). On February 1, 2023, the Church filed a claim for water damage with Brotherhood Mutual Insurance Company (BMIC). The claim was based on rain and wind that caused extensive water intrusion into the Sanctuary, damaging its plaster walls and ceilings and fresco paintings. The claim was assigned to Patrick Hurley. Hurley sent a letter discussing potential bars to coverage and requesting further information and documents from the Church. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Anomaly in Adding a Third-Party Claimant to a Liability Insurance Coverage Dispute

May 05, 2026 — David Adelstein - Florida Construction Legal Updates
In an insurance coverage lawsuit seeking declaratory relief, an insurer sued the third-party claimant. The insurer was seeking a declaration that there was no coverage, which naturally would impact the third-party claimant. The insured did not respond to the lawsuit and the insurer moved for a default judgment which was objected to by the third-party claimant. The trial court granted a final judgment in favor of the insurer, which prompted an appeal from the third-party claimant because the final judgment impacts its rights to coverage if it obtains a judgment against the insured. The appellate court reversed but please take a look at this Court’s discussion on the issue of an insurer adding a third-party claimant to a coverage lawsuit when then the third-party cannot pursue a direct claim against the insurer until it obtains a settlement or judgment against the insured. It presents an interesting argument and counter-point for a third-party claimant that is added to the coverage lawsuit which has implications if it obtains a judgment against the insured: This case involves an apparent anomaly in Florida law. It is well-established that third-party claimants injured by an insured’s negligence have a right as third-party beneficiaries to payment from the insured’s insurance proceeds. It is equally well-established that the third-party claimants’ rights in this regard do not accrue unless and until they obtain a verdict or settlement against the insured. A quick review of this law is helpful at this point. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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What Massachusetts Contractors and Developers Can Learn from Cannistraro v. Columbia Construction

July 13, 2026 — Anthony LaPlaca & Luke Marston - The Construction Seyt
Introduction On June 26, 2026 the Massachusetts Supreme Judicial Court issued its decision in J.C. Cannistraro, LLC v. Columbia Construction Co.—a holding that sits at the intersection of Prompt Pay Act compliance and the Massachusetts Arbitration Act.[1] Most already know that the Massachusetts Prompt Pay Act (PPA) imposes strict timing and certification requirements for rejecting payment applications and proposed change orders on projects valued at $3 million or more. Most notably, the PPA requires the paying party to give the payee written notice of its approval or rejection of progress applications and proposed changes within 15 days of receipt, which notice must include a “factual and contractual basis for the rejection” and must be “certified as made in good faith.”[2] In the absence of a timely certified notice, payment is “deemed to be approved” unless the payor properly rejects payment before it comes due.[3] Reprinted courtesy of Anthony LaPlaca, Seyfarth Shaw LLP and Luke Marston, Seyfarth Shaw LLP Mr. LaPlaca may be contacted at alaplaca@seyfarth.com Mr. Marston may be contacted at lmarston@seyfarth.com Read the full story...

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ACEC Research Institute Report: Real Risk of AI Isn’t Technology. It’s the Org Chart.

September 01, 2026 — ACEC Research Institute
WASHINGTON (August 19, 2026) – The ACEC Research Institute today released Leading Through AI Risk: The Enterprise Framework for Engineering Firm Leaders, a new study finding that the most significant risks artificial intelligence poses to engineering firms are organizational rather than technological, and that firms treating AI as an IT initiative are managing the wrong issue. The report, part of the Institute’s yearslong Firm of the Future initiative, combines an extensive literature review with in-depth interviews of 21 leaders drawn from engineering firms, public infrastructure owners, technology vendors, insurance and legal professionals, licensing and regulatory agencies, and AI consultants. The report groups AI risk into eight interconnected domains:

• technical reliability and model risk
• professional liability and standard of care risk
• data governance, privacy, and intellectual property risk
• organizational and workforce risk
• ethical, regulatory, and reputational risk
• operational and cybersecurity risk
• financial and business model risk
• strategic leadership and enterprise governance risk

The last serves as the integrating domain through which firms coordinate responsible AI adoption enterprise wide. The report stresses that firms do not experience these risks one at a time. Weak oversight may create legal liability. Workforce gaps may affect quality assurance. “Understanding these interactions,” the study notes, “is often more important than understanding individual risks independently.” About the ACEC Research Institute The ACEC Research Institute is the independent research arm of the American Council of Engineering Companies (ACEC). Its mission is to fund and deliver research to equip the engineering industry with actionable intelligence on the issues critical to its success. Learn more at www.acecresearchinstitute.org.

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Powering Data Centers in a Moving Regulatory Landscape: Positioning Deals Before FERC’s Next Move

April 27, 2026 — Stephen J. Humes, Alicia M. McKnight & Andrew H. Jacobs - Gravel2Gavel Construction & Real Estate Law Blog
The explosive growth of data‑center load—driven by artificial intelligence, cloud computing and the expansion of digital infrastructure across industries—has forced U.S. energy regulators into unfamiliar territory. Nowhere is this more evident than at the Federal Energy Regulatory Commission (FERC), which is actively considering how large, concentrated loads can be powered without compromising grid reliability or shifting costs to other customers. FERC has not yet issued a standalone rulemaking on data centers. But make no mistake, the regulatory framework is quietly and deliberately being built. For developers, hyperscalers, utilities and investors, the period before FERC finalizes its next round of decisions represents the critical window to crystallize advocacy and structure transactions in ways that anticipate regulatory change. Reprinted courtesy of Stephen J. Humes, Pillsbury, Alicia M. McKnight, Pillsbury and Andrew H. Jacobs, Pillsbury Mr. Humes may be contacted at stephen.humes@pillsburylaw.com Ms. McKnight may be contacted at alicia.mcknight@pillsburylaw.com Mr. Jacobs may be contacted at andrew.jacobs@pillsburylaw.com Read the full story...

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New Survey Reveals Overwhelmingly Optimistic Results on the Use of AI in Construction

May 14, 2026 — Construction Executive
On December 5, 2025, CMiC and Dodge released a survey asking over 6,000 companies across various sectors of the construction industry their stance on artificial intelligence—whether they use it or not; whether they like it or not; whether they have or are planning to implement it or not; and so on. Considering its reputation for skepticism and reluctance when it comes to adopting new forms of technology, the construction industry pleasantly surprised CMiC and Dodge with its answers to these questions, with 87% of contractors believing AI will have a meaningful impact on construction. “The research indicates the construction industry is nearing a tipping point for AI adoption,” says Steve Jones, senior director of industry insights at Dodge Construction Network, who sat down with Construction Executive to delve further into the survey questions and answers and what the industry’s current position on them means for AI’s future role in construction. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Best Lawyers Recognizes 33 White and Williams LLP Lawyers

August 24, 2026 — White and Williams LLP
White and Williams LLP is pleased to congratulate our attorneys recognized among the 2027 Best Lawyers in America® rankings. Best Lawyers® has recognized Michael W. Horner, Chair of the Healthcare Group and Managing Partner of the Cherry Hill, NJ Off
Traub Lieberman Attorneys Recognized in Hudson Valley Magazine’s 2026 Top Lawyers List

MTA’S New Debarment Powers Pose an Existential Risk

White House Plan Would Break Up Corps Civil-Works Functions

Let’s Give ‘Em Sutton to Talk About: Tennessee Court Enforces Sutton Doctrine

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Fourth Circuit Confirms Scope of “Witness Litigation Privilege”

Alert: Fraudulent Notice of Nonpayment Defense Applies to Payment Bond Claims

Fundamental Fairness Trumps Contract Language

New York Amends Prompt Payment Act: Retainage Above 5% in Private Construction Contracts Now Void

Contractual Assumption of Liability Does Not Bar Coverage

Housing Agency Claims It Is Not a Party in Construction Defect Case

Couple Gets $79,000 on $10 Million Construction Defect Claim

Homebuilding Design Goes 3D

Recent Regulatory Activity

Do Not Forfeit Coverage Under Your Property Insurance Policy

Lasso Needed to Complete Vegas Hotel Implosion

CSLB Begins Processing Applications for New B-2 License

Integration Can Inoculate in Utah

New York Team Secures Dismissal of Premises Liability Action Against Client

Houston Bond Issue Jump-Starts 237 Flood Control Projects

What Do I Do With This Stuff? Dealing With Abandoned Property After Foreclosure

The Unwavering Un-waivable Implied Warranty of Workmanship and Habitability in Arizona

Time Limits on Hidden Construction Defects

Insured's Remand of Bad Faith Action Granted

You Should’ve Known: Colorado Holds Defendant May Have Pre-Litigation Duty to Preserve Evidence

Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions

Finding an "Occurrence," Appellate Court Rules Insurer Must Defend

Four Steps to Effectively Manage Rising Risk of Construction Liability Claims

Construction Defect Settlement in Seattle

Fourth Circuit Issues New Ruling on Point Sources Under the CWA

Adobe Opens New Office Tower and Pledges No Companywide Layoffs in 2023

Firm Announces Remediation of Defective Drywall

Federal Court Reaffirms Arbitrators’ Role in Consolidation of Separate Arbitrations

Dealing with Hazardous Substances on the Construction Site

New Home Permits Surge in Wisconsin

Georgia Court Reaffirms Construction Defect Decision

The California Legislature Return the Power Back to the People by Passing the California Consumer Privacy Act of 2018

Congratulations to Haight’s 2021 Super Lawyers San Diego Rising Stars

How to Protect the High-Tech Home

Bright-Line Changes: Prompt Payment Act Trends

Super Lawyers Selects Haight Lawyers for Its 2024 Southern California Rising Stars List

Climate Superfund Litigation: Courts Split on Venue and Intervention in New York and Vermont Cases

Wisconsin High Court Rejects Insurer’s Misuse of “Other Insurance” Provision

Alaska Supreme Court Rules That “Total Pollution Exclusion” in Homeowners Insurance Policy Does Not Bar Coverage for Carbon Monoxide Poisoning

Where Standing, Mechanic’s Liens, and Bankruptcy Collide

Subcontract Requiring Arbitration Outside of Florida

Policy Language Matters: New Jersey Court Bars Cleanup Coverage Under Broad Policy Terms

Report: Construction Firms Could Better Protect Workers From Noise Hazards

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

EEOC Sues Whiting-Turner Over Black Worker Treatment at Tennessee Google Project

OSHA/VOSH Roundup

Dorian’s Wrath: How Event Cancellation Insurance Helps Businesses Recoup Losses from Severe Weather

Definitions Matter in Illinois: Tenant Held Liable Only for Damage to Apartment Unit

Giant Floating Solar Flowers Offer Hope for Coal-Addicted Korea

California Pipeline Disaster Brings More Scandal for PG&E

Traub Lieberman Partner Rina Clemens Selected as a 2023 Florida Super Lawyers® Rising Star

How the Parking Garage Conquered the City

How Mobile Tools Are Capturing Safety Data on Jobsites

Cardinal Change Examines the Entire, Factual Undertaking

Splashdown: Fire-Weakened Beijing Bridge Deck Falls Into River

Building Supplier Sued for Late and Defective Building Materials

Hawaii Supreme Court Says Aloha to Insurers Trying to Recoup Defense Costs From Policyholders

Big Waves and High Tides Can Be Just as Insidious as Hurricanes

Eleventh Circuit Set to Hear Challenge to Florida Law Barring Foreign Citizens From Buying Real Property

#11 CDJ Topic: Cortez Blu Community Association, Inc. v. K. Hovnanian at Cortez Hill, LLC, et al.

Workarounds for Workers' Comp Immunity: How to Obtain Additional Insured Coverage when the Named Insured is Immune from Suit

2022 Construction Outlook: Continuing Growth But at Slower Pace

Replevin Actions: What You Should Know

Washington Supreme Court Interprets Ensuing Loss Exception in All-Risk Property Insurance Policy

In Texas, a General Contractor May be Liable in Tort to a Third-Party Lessee for Property Damage Caused by a Subcontractor’s Work

What California’s COVID-19 Reopening Means for the Construction Industry

Balancing the Right to Repair With Evidence Preservation in Construction Defect Litigation

Defective Sprinklers Not Cause of Library Flooding

Couple Perseveres to Build Green

Blackstone Said to Sell Boston Buildings for $2.1 Billion

Fannie-Freddie Propose Liquidity Rules for Mortgage Insurers

Dispute between City and Construction Company Over Unsightly Arches

Virginia General Assembly Tweaks Pay-if-Paid Ban

Denial of Coverage for Bulge in Wall Upheld

Florida Governor Bans Foreign Citizens From Buying Land in Florida

Construction Delays: Which Method Should Be Used to Calculate Delay?

Los Angeles Wildfires Rage on, Destroying Structures and Displacing Residents

Coverage Established for Property Damage Caused by Added Product

The Sensible Resurgence of the Multigenerational Home

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

Digitalizing the Construction Site – Interview with Tenderfield’s Jason Kamha

CDJ’s #4 Topic of the Year: KB Home Greater Los Angeles, Inc. v. The Superior Court of Los Angeles County

Discussion of the Discovery Rule and Tolling Statute of Limitations

The Multigenerational Housing Trend