Anaheim California Construction Expert Witness Directory

Successful KF Defense Results in Dismissal with Prejudice

January 13, 2026 — Elliott Wright & William "Pat" Durland - Kahana Feld
Kahana Feld Partner Elliott Wright and Senior Counsel William “Pat” Durland secured a major victory for their client with a complete dismissal of all claims by establishing that the Plaintiff failed to satisfy the Texas Tort Claims Act’s jurisdictional prerequisites through our Plea to the Jurisdiction. Our Plea to the Jurisdiction demonstrated that governmental immunity applies unless a Plaintiff can prove a clear and unambiguous statutory waiver, and that the Plaintiff bears the burden of pleading and proving such a waiver. In this case, we showed that the Plaintiff provided no timely statutory notice as required by §101.101 of the TTCA and the City Charter’s six-month notice requirement, making jurisdiction impossible to invoke. Without proper notice—formal or actual—the court has no power to hear the case, and the defect cannot be cured by amendment.  Reprinted courtesy of Elliott Wright, Kahana Feld and William "Pat" Durland, Kahana Feld Mr. Wright may be contacted at ewright@kahanafeld.com Mr. Durland may be contacted at wdurland@kahanafeld.com Read the full story...

Jurisdiction Over Foreign Manufacturers in Construction Litigation

May 14, 2026 — Timothy J. Repass & Miki J. Saito - Wood Smith Henning Berman
A recent decision from the Washington Court of Appeals provides important guidance on personal jurisdiction over foreign product manufacturers in construction and infrastructure litigation. In King County v. Aquatherm GmbH, No. 85572-7-I (Wash.Ct. App.Div.I)(unpublished), the court addressed whether a German manufacturer could be sued in Washington for alleged defects in piping used in major public infrastructure projects. The ruling offers a detailed, fact-driven roadmap for how Washington courts evaluate jurisdiction over foreign manufacturers operating through layered distribution networks. It also reflects a broader trend toward focusing on real-world commercial conduct rather than formal corporate structure. Background of the Case King County sued after widespread failures in polypropylene piping installed at the King County Correctional Facility. The pipe, manufactured by Aquatherm GmbH in Germany, was marketed, distributed, and installed through a network of U.S.-based entities. Following a six-week trial, the jury returned a verdict exceeding $18 million on claims under the Washington Product Liability Act and Consumer Protection Act. Aquatherm challenged, among other things, the trial court's exercise of personal jurisdiction. Reprinted courtesy of Timothy J. Repass, Wood Smith Henning Berman and Miki J. Saito, Wood Smith Henning Berman Mr. Repass may be contacted at trepass@wshblaw.com Ms. Saito may be contacted at msaito@wshblaw.com Read the full story...

Inaccurate Representations Can Lead to Differing Site Conditions Claim

May 26, 2026 — David Adelstein - Florida Construction Legal Updates
In the prior posting, I discussed a case dealing with a differing site condition. In that case, the owner did not have an affirmative duty to make a representation and there was no inaccurate representation made by the owner that misled the contractor. Well, what about when there is an inaccurate misrepresentation regarding the site? This was the circumstance in an older Florida case where a dredging contractor had a successful differing site conditions claim. See Jacksonville Port Authority v. Parkhill-Goodloe, Co., Inc., 362 So.2d 1009 (Fla. 1st DCA 1978). The government provided inaccurate information as to the lack of rock that would be encountered during the dredging that was relied on by the dredging contractor. But the government had “superior knowledge” that there was rock in an adjacent location based on a prior claim from a contractor, yet the government did not disclose the possibility that rock could be encountered. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

A Couple of Mechanic’s Lien Bills in VA [UPDATED]

February 23, 2026 — Christopher G. Hill - Construction Law Musings
Well, its that time of year again, the Virginia General Assembly is in session and looking to make changes to all kinds of things here in the Commonwealth. While most of those changes are well outside of the subject of Construction Law Musings, changes to the mechanic’s lien statutes certainly are not. This year, the Virginia General Assembly is poised to make some big changes if certain legislation gets out of committee and passes the legislature, a description and some comments on these follow: HB752 – Mechanics’ liens; liens attaching to property; memorandum of lien. [Original Description] Removes the exclusion of the attachment of a mechanic’s lien to property improved or repaired when the lien is based on a claim for repairs or existing structures. The bill further removes (i) the ability of a lien claimant to file any number of memoranda of lien including the details relating to the lien and (ii) the provisions of the Code specifying that no memorandum filed shall include sums due for (a) labor or materials furnished more than 150 days prior to the last day labor was performed or (b) material furnished to the job preceding the filing of such memorandum. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Florida's Third DCA Reasserts the Teeth of Chapter 558 and the Future of Construction Defect Litigation

February 23, 2026 — Ryan C. Brooks & Keith G. Salhab - Wood Smith Henning & Berman LLP
The case of Moss & Associates, LLC v. Daystar Peterson and Brickell Heights East Condominium Association, Inc. represents a quiet but significant correction in Florida construction law litigation. The Florida Third District Court of Appeal granted a petition for writ of certiorari and quashed a trial court order that denied a contractor's motion to stay litigation under Chapter 558, Florida Statutes. Though procedurally narrow, the ruling reflects an increasingly assertive appellate stance. Chapter 558's pre-suit notice and right-to-repair process is mandatory, jurisdictional in effect, and not subject to dilution by trial-level discretion. At its core, the opinion reinforces a foundational principle. Florida intends for construction defect disputes to be managed, investigated, and often resolved before they reach a courtroom. The Third DCA's insistence on strict statutory compliance signals to trial courts, and to the plaintiffs' bar, that procedural shortcuts will not be tolerated. Reprinted courtesy of Ryan C. Brooks, Wood Smith Henning & Berman LLP and Keith G. Salhab, Wood Smith Henning & Berman LLP Mr. Brooks may be contacted at rbrooks@wshblaw.com Mr. Salhab may be contacted at ksalhab@wshblaw.com Read the full story...

Presumption of Prejudice Applies to All Affirmative Defenses Regarding Insured’s Failure to Comply with Post-Loss Policy Conditions

June 23, 2026 — David Adelstein - Florida Construction Legal Updates
n a recent property insurance coverage dispute, an issue on appeal pertained to the “prejudice” jury instruction associated with the insured’s failure to comply with post-loss policy conditions. The trial court found that the prejudice only pertained to prompt notice and not other post-loss policy conditions. This was reversed on appeal as prejudice applied to ALL the post loss policy conditions that the insured failed to comply with, not just the prompt notice requirement. The prejudice presumption applies to all affirmative defenses regarding an insured’s failure to comply with post-loss policy conditions. Consider this discussion when dealing with an insurer raising prejudice as an affirmative defense to do an insured’s failure to comply with post-loss policy conditions, and the associated burdens of proof: On appeal, [the insurer] contends the trial court erred by instructing the jury that the presumption of prejudice was inapplicable to all of its post-loss obligation defenses except prompt notice. We agree. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Court Rules Cook County Misspent $243M in Transportation Funds

March 10, 2026 — Annemarie Mannion - Engineering News-Record
A Cook County Illinois Circuit Court judge has ruled that the county violated the state constitution by using $243 million in transportation tax revenue during fiscal 2023 for non-transportation purposes, handing a legal win to a statewide coalition of construction trade groups. Read the full story...
Reprinted courtesy of Annemarie Mannion, Engineering News-Record
Ms. Mannion may be contacted at manniona@enr.com

Lost in Translation: AEC Tech’s Missing Role

May 12, 2026 — Aarni Heiskanen - AEC Business
I once visited a construction site where the contractor’s headquarters had commissioned a tech company to build an on-site quality-inspection application. The developer had admitted to the site engineer that they had never set foot on a construction site before. The engineer showed me what he was actually using: his own phone camera and an Excel sheet. The new app did not map to how work actually happened on site. This is not an isolated story. The vendor builds something technically coherent but operationally disconnected. The client, somewhere up the chain, had fallen in love with the idea of the solution before anyone had built an honest business case for it. The result is a tool that gets demonstrated at a board meeting but isn’t used in the field. 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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