ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

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

October 27, 2025 — Amanda G. Halter, Ashleigh Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law Blog
Coalitions of Republican-led states, industry associations led by the U.S. Chamber of Commerce, and, most recently, the U.S. Department of Justice are testing “climate superfund” laws that aim to recover billions from carbon majors for climate adaptation costs. Recent rulings in lawsuits challenging the New York and Vermont statutes have split cases across courts and reached opposite outcomes on intervention: In New York, cases are being split between the Northern and Southern Districts and intervention efforts by nonprofits have been blocked, while in Vermont, the district court has allowed environmental organizations to join the defense of the statutes in two cases. Southern District of New York Splits the Cases On September 8, Judge Mary Kay Vyskocil ordered transfer of the Chamber of Commerce’s suit - joined by the American Petroleum Institute, the National Mining Association, and the Business Council of New York State - to the Northern District. The court found the case “substantially similar” to West Virginia v. James, the coalition suit brought by 22 states and four industry groups, and concluded that efficiency and consistency favored transfer under both 28 U.S.C. 1404(a) and the first-filed rule. Reprinted courtesy of Amanda G. Halter, Pillsbury, Ashleigh Myers, Pillsbury and Jillian Marullo, Pillsbury Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Read the full story...

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Elliott Backed Venture Sues Lloyds Over Avant Cladding, Times Reports

February 17, 2026 — Eamon Farhat - Bloomberg
Elliott Investment Management and British housing tycoon Jeff Fairburn, joint-venture partners in UK homebuilder AIA Waivers Under Fire: Why Post-Completion Losses May Still Be ActionableJanuary 26, 2026 — Lian Skaf - The Subrogation Strategist
On its face, the power of a waiver of subrogation clause in a construction contract is profound. It bars otherwise actionable – and sometimes egregious – losses resulting from contractor carelessness before they can ever get started. One question courts have long battled with is the limits to the lasting effects of such a waiver. Whether the waiver power can be transferred amongst parties, applied to third parties or used with policies taken out after construction completion are among the few grey areas that have kept subrogation practitioners and the courts busy. Recently, a federal court in Idaho clarified its position on the power to waive subrogation. In Seneca Ins. Co. v. McAlvain Constr., Inc., No. 1:24-cv-00340-BLW, 2025 U.S. Dist. LEXIS 251777 (D. Idaho), the United States District Court for the District of Idaho (District Court) addressed whether a subrogation waiver in an AIA construction contract, signed between an owner and the general contractor, applie

Why and When Construction Robotics Makes Sense

February 10, 2026 — Aarni Heiskanen - AEC Business
In construction, robotics is often discussed in terms of technology: better AI, more capable machines, and robots on job sites. Recent research suggests that the question is less about whether robots can work and more about when and why they deliver real value. An Aalto University research paper on computer-vision-driven robotic waste sorting offers a valuable lens into this. The researchers use ZenRobotics’ computer-vision-enabled automated system as a case study. The Finnish startup was acquired by Terex, a U.S. company, in 2022. At first glance, waste sorting might seem like a niche application. But it illustrates a broader economic logic that aligns with findings across the broader body of research on construction robotics. 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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Construction and Design Contracts—They Are More Important Than You Might Think! (Law Note)

January 26, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
As regular readers of this Blog know, contracts are extremely important for all parties involved in a construction project. While verbal contracts can be enforced, a written contract, which is finely-tuned to your specific project, can save you a lot of time and money later on if the proverbial poo hits the fan. I recently read AIA’s take on contracts, in their Construction Risk Brief (which you should subscribe to [free] if you have not already). Their featured article is on “Best Practices for Construction Contracts”. In the piece, they discuss 7 key points to address in each contract. I concur for the most part, although want to point out that some of them (such as the regular monitoring and documentation bullet point) are deserving of their own post, as there is a *lot* that can and does go wrong during the construction administration phase. 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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Seventh Circuit Finds “Additional Insured” Requirements Met Where Non-Party Subcontractor Was Proximate Cause of Underlying Injuries

February 23, 2026 — Jason Taylor - Traub Lieberman Insurance Law Blog
In Atlanta Gas Light Company et al v. Navigators Ins. Co., Nos. 24-2888 & 24-2889 (7th Cir. Jan. 22, 2026), the Seventh Circuit Court of Appeals assessed whether an upstream contractor was an “additional insured” under an umbrella policy issued to its subcontractor. Atlanta Gas and Southern Company Gas (“AGL”) hired United States Infrastructure Corporation (“USIC”) to locate and mark gas lines that AGL owned throughout Georgia. In 2018, USIC failed to mark a gas line in Homerville, Georgia, and a boring company struck it, leading to an explosion that severely injured three women. The victims settled their claims with USIC but did not come to terms with AGL. AGL eventually did settle with the victims, but only after they sued AGL in Georgia state court (the “Underlying Suits”). AGL’s service agreement with USIC required USIC to obtain primary and excess liability insurance coverage that included AGL as an additional insured. Because USIC’s settlement with the victims exhausted its primary policy, AGL tendered the defense and indemnification of the Underlying Suits to USIC’s excess insurer, Navigators. Navigators denied the request on the ground that AGL was not an “additional insured” under the policy. Read the full story...
Reprinted courtesy of Jason Taylor, Traub Lieberman
Mr. Taylor may be contacted at jtaylor@tlsslaw.com

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Promptly Notifying Your Insurer of a Claim Matters

December 30, 2025 — David Adelstein - Florida Construction Legal Updates
Does promptly notifying your insurer of a claim matter? A recent case out of the 11th Circuit Court of Appeals answers this question in the affirmative. MAKE SURE TO PROMPTLY NOTIFY YOUR INSURER OF A POTENTIAL CLAIM. In L. Squared Industries, Inc. v. Nautilus Ins. Co., 31 Fla.L.Weekly C529a (11th Cir. 2025), an insured owned gas stations and had a claims-made storage tank liability insurance policy. The policy provided: “You must see to it that we are notified as soon as reasonably possible, but in any event, not more than seven (7) days after the insured first became aware of, or should have become aware of a pollution condition which may result in a claim or any action or proceeding to impose an obligation on the insured for cleanup costs . . . .” Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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$400M Tunnel Project Faces Scrutiny from Nashville Leaders

November 21, 2025 — Vince Kong - Engineering News-Record
As state and local officials in Tennessee raise concerns over limited transparency surrounding the proposed $400-million Music City Loop - a transit tunnel in Nashville intended to connect downtown with the city’s international airport - lead developer The Boring Co. has quietly begun excavation near the Tennessee State Capitol. Read the full story...
Reprinted courtesy of Vince Kong, Engineering News-Record
Mr. Kong may be contacted at kongv@enr.com

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

November 04, 2025 — David Adelstein - Florida Construction Legal Updates
In government contracting, a contractor is entitled to a time extension for “unusually severe weather.” However, this time extension is typically not compensable (meaning you get time, but not additional compensation). However, “a contractor may bring a claim for compensable delay when government delay pushes a contractor’s performance into a period of worse seasonal adverse-but not unusually severe-weather.” Appeals of - Thalle Construction Company, ASBCA No. 63685, 2025 WL 2496328, n.10 (ASBCA 2025) (citation omitted). In a recent appeal with the Armed Services Board of Contract Appeals, a contractor pursued a weather delay claim. The contractor sought 39 days of adverse weather between the adjusted contract completion date and the actual substantial completion date claiming that the government pushed the contractor’s last 262 days of performance into worse seasonal adverse weather. How To Spot a Bad Contractor Before It’s Too Late – Part 1

Erdogan Vows to Punish Shoddy Builders Ahead of Crucial Election

Do You Have the Receipt? Pennsylvania Court Finds Insufficient Evidence That Defendant Sold the Product

The Condo Conundrum: 10 Reasons Why There's a 'For Sale' Shortage in Seattle

Eleventh Circuit Affirms Jury Verdict on Covered Property Loss

Classify Workers Properly to Avoid Expensive Penalties

Large Canada Employers and Jobsites Mandate COVID-19 Vaccines

Admissions In Answers to Construction Lawsuits Matter

A Court-Side Seat: SCOTUS Clarifies Alien Tort Statute and WOTUS Is Revisited

No Duty to Defend Under Pollution Policy

A New Way to Design in 3D – Interview with Pouria Kay of Grib

Steven Cvitanovic Recognized in JD Supra's 2017 Readers' Choice Awards

Nine Haight Attorneys Selected for Best Lawyers®: Ones to Watch 2021

CDJ’s #10 Topic of the Year: Transport Insurance Company v. Superior Court (2014) 222 Cal.App.4th 1216.

“You’re Out of Here!” -- CERCLA (Superfund) Federal Preemption of State Environmental Claims in State Courts

Nomos LLP Partner Garret Murai Recognized by Super Lawyers

Retired Judge Claims Asbestos in Courthouse gave him Cancer

Wow! A Mechanic’s Lien Bill That Helps Subcontractors and Suppliers

How the California and Maui Wildfires Will Affect Future Construction Projects

Buffalo-Area Roof Collapses Threaten Lives, Businesses After Historic Snowfall

Illinois Appellate Court Finds Insurer Estopped From Denying Coverage Where Declaratory Judgment Suit Filed Too Late

Investigators Explain Focus on Pre-Collapse Cracking in Florida Bridge

"Abrupt Falling Down of Building or Part of Building" as Definition of Collapse Found Ambiguous

Construction Defects Uncertain Role in Coverage in Pennsylvania

Walmart Seeks Silicon Valley Vibe for New Arkansas Headquarters

Chairman of the Senate Committee on Banking, Housing and Urban Affairs Calls for CFPB Investigation into Tenant Screening Businesses

"Ordinance or Law" Provision Mandates Coverage for Roof Repair

Insurer Not Required to Show Prejudice from an Insured’s Late Notice When the Parties Contract for a Specific Reporting Period

Hurricane Handbook: A Policyholder's Guide to Handling Claims during Hurricane Season

The Single Source of Truth in Construction Projects: Reality or Myth?

New Law, Old Risks: Why Colorado’s H.B. 25-1272 May Backfire on Builders

Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity Defense

Delays and Suspension of the Work Under Fixed Price Government Contract

Choice of Law Provisions in Construction Contracts

Real Estate & Construction News Roundup (4/10/24) – Hotels Integrate AI, Baby-Boomers Stay Put, and Insurance Affects Housing Market

Michigan Finds Coverage for Subcontractor's Faulty Work

New Recommendations for Healthy and Safe Housing Conditions

Making the Construction Industry a Safer place for Women

Construction Defect Scam Tied to Organized Crime?

Windows and Lawsuits Fly at W Hotel

Tesla’s Solar Roof Pricing Is Cheap Enough to Catch Fire

What is the Effect of an Untimely Challenge to the Timeliness of a Trustee’s Sale?

Loan Snarl Punishes Spain Builder Backed by Soros, Gates

Insurer's In-House Counsel's Involvement in Coverage Decision Opens Door to Discovery

"Is the Defective Work Covered by Insurance?"

Top U.S. Counties Most at Risk for Tornado Damage in 2025

Read the Property Insurance Policy to be Sure You are Complying with Post Loss Obligations

Best Practices: Commercial Lockouts in Arizona

Out of Eastern Europe, a Window Into the Post-Pandemic Office

Newmeyer & Dillion Attorneys Listed in the Best Lawyers in America© 2017

Los Angeles Delays ‘Mansion Tax’ Spending Amid Legal Fight

County Sovereign Immunity Invokes Change-Order Ordinance

You Can Now Build a Multi-Million Dollar Home via Your iPad