ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Did You Get the Message? (And does it count?) The Legal Consequences of Text Messages, Group Chats, and Informal Digital Communication on Construction Projects

March 17, 2026 — Kellie Ros & Curtis Martin - ConsensusDocs
Introduction: The New Reality of Construction Communication Construction projects have always depended on a constant stream of communication. Today’s project managers, superintendents, and foremen have broadened the method of communication to include convenient forms of digital communication. Superintendents text photos of field conditions, owners send quick approvals through WhatsApp, architects clarify design intent in a Teams chat, and subcontractors coordinate sequencing through group texts. These channels are fast, convenient, and deeply embedded in modern project culture. Yet the legal framework governing construction contracts has not evolved at the same pace. Many contracts still assume – or require – that notice, directives, and approvals occur through formal written channels—letters, emails to designated recipients, or structured project‑management platforms. This disconnect creates significant legal risk, particularly for contractors who rely on informal messages as authorization for extra work or schedule changes. Courts are increasingly asked to interpret text messages, chat threads, and screenshots as evidence of notice, direction, or waiver. The outcomes vary, but the trend is unmistakable: informal digital communication is now part of the project record, and it can bind parties in ways they did not expect. Reprinted courtesy of Kellie Ros, Peckar & Abramson, P.C. and Curtis Martin, Peckar & Abramson, P.C. Ms. Ros may be contacted at kros@pecklaw.com Mr. Martin may be contacted at cmartin@pecklaw.com Read the full story...

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AI as Co-Counsel: How Litigators Can Leverage AI for Depositions, Experts, and Trial Preparation

November 21, 2025 — Debrán O’Neil - The Dispute Resolver
Artificial intelligence is everywhere right now, and the legal industry is no exception. It’s a regular feature at CLEs and in client discussions because lawyers are discovering that careful use can save both time and money. But AI is no longer reserved for e-discovery vendors. Litigators are using AI for trial preparation—helping identify themes, test case theories, summarize voluminous records, refine expert testimony, and streamline depositions. While AI is not able to read a witness, gauge credibility, or build trust with a jury like lawyers, it can make preparation more efficient and thorough and help present information in a more digestible and compelling way. Below are practical ways litigators can weave AI into their everyday litigation practice and not get left behind. Read the full story...
Reprinted courtesy of Debrán O’Neil, Carrington, Coleman, Sloman & Blumenthal, L.L.P.
Ms. O'Neil may be contacted at doneil@ccsb.com

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Why Construction Tendering Needs Specialized Intelligence

March 31, 2026 — Aarni Heiskanen - AEC Business
The construction industry has never lacked data; it lacks usable intelligence at the moments that matter most. In the high-stakes phases of tendering and pre-construction, the industry still relies on manual “Control-F” searches through thousands of pages of unstructured documents. I recently spoke with Herman Smith, a civil engineer and former Chief Digital Officer at Multiconsult, who left the corporate world to solve this specific bottleneck. His startup, Volve, isn’t just another AI wrapper; it is a specialized “drill” designed to penetrate the complexity of construction documentation. The Paradox of Digitalization without a Productivity Boost For years, the AEC industry has faced a frustrating paradox: we have more digital tools than ever, yet productivity has not improved. Herman observed this from the inside, managing hundreds of unique software licenses while seeing companies struggle to adapt to new workflows. 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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Top Developments 2025 - Issue 4

December 22, 2025 — John S. Anooshian, Paul A. Briganti, Elizabeth L. Ferguson, Alexandra M. George & Haley S. Newman - The Complex Insurance Coverage Reporter
“ARISING OUT OF” Rowe v. State Mut. Ins. Co., 2025 Me. LEXIS 89 (Me., Sept. 23, 2025) Maine Supreme Court, in the premises liability context, holds that an exclusion in a mobile homeowners policy for injury or damage "arising out of a premises . . . that is not an insured location'” precluded coverage for underlying negligent failure-to-warn claims. The court looked to authority from a workers compensation case, where it stated that “the term ‘arising out of' employment means that there must be some causal connection between the conditions under which the employee worked and the injury, or that the injury, in some proximate way, had its origin, its source, or its cause in the employment. . . . [T]he employment need not be the sole or predominant causal factor for the injury and . . . the causative circumstance need not have been foreseen or expected.” In this case, it found there to be “an immediate relationship between the injury and a condition of the uninsured premises” (specifically, a gap created by the owner-insured at the entrance to a mobile home), and rejected the claimant’s argument that the injury instead arose from the insureds’ negligent conduct in failing to warn. Separately, the court held that the property did not qualify as an “insured location,” reasoning it was not listed in the declarations and there was no evidence the insureds had resided there or acquired it for use as a residence. Reprinted courtesy of John S. Anooshian, White and Williams LLP, Paul A. Briganti, White and Williams LLP, Elizabeth L. Ferguson, White and Williams LLP, Alexandra M. George, White and Williams LLP and Haley S. Newman, White and Williams LLP Mr. Anooshian may be contacted at anooshianj@whiteandwilliams.com Mr. Briganti may be contacted at brigantip@whiteandwilliams.com Ms. Ferguson may be contacted at fergusone@whiteandwilliams.com Ms. Newman may be contacted at newmanh@whiteandwilliams.com Read the full story...

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A New Vision for Safety: Construction Safety Week’s Five-Year Plan

February 17, 2026 — Adam Jelen - Construction Executive
Construction Safety Week has long been a powerful show of force—a catalyst for bringing the industry together and focusing on the critical importance of health and safety. Over the last decade, we’ve made meaningful strides: advancing best practices, transitioning from hard hats to helmets, shedding light on vital issues such as mental health, fostering a culture of care and accountability and creating partnerships and initiatives that improve jobsite safety. Building on the progress we’ve made, we’ve launched a bold five-year vision to bring everyone together with trust and respect and to drive alignment in how safety is understood, owned and engineered at every step of the project. This is an industrywide effort to further deepen the culture of care centered around respect for the skilled craft and through all aspects of a project where all team members share this responsibility, this respect, across every phase: design, planning, construction and beyond. Reprinted courtesy of Adam Jelen, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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The Who/What/How of Sealing Plans for Architects and Engineers (Law Note)

March 03, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
The proper use of professional seals in North Carolina is critical. Failure to follow the prescribed requirements can subject you or your Firm to a Board sanction. Did you know that the NC Board of Architecture and the NC Engineering Board have jointly prepared a fairly straightforward document that can tell you exactly what you need to know about sealing of plans? That document, the “Seal Brochure” (pdf) is available for download. Every state’s regulations are a little different (thank you Federalism!) so it is worth reviewing with your staff at regular intervals, especially if you do work across state lines. 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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Fixed Price, Fluid Quantities: The Hidden Risks in Lump Sum Agreements with Variable Units

November 21, 2025 — Virginia Trunkes - Construction Law Zone
Lump sum construction agreements are the most basic of the different design-bid-build options: the contractor agrees to complete the entire scope of work for a fixed price, and assumes most of the quantity and cost risks. If the contractor’s actual costs exceed its estimates, the contractor absorbs the loss. Adding a clause into the construction agreement that allows unit quantities to increase or decrease based on actual job quantities creates a mechanism that can reduce the risk of estimating, but it is a clause that should be carefully drafted and closely guarded. There are times when it makes sense for parties to deviate from their lump sum agreement and allow for greater flexibility: when there are uncertainties in site conditions or scope, and/or to reduce disputes over changed conditions. The parties can introduce elements of unit-price contracts into the lump sum framework, either choosing to shift the risk entirely to one party or the other, or sharing the risk, e.g., by including an equitable adjustment clause that allows for a price adjustment if the variation exceeds a certain threshold. Even with that balance, incorporating opportunities for adjustments can favor more than just the contractor: it creates a disincentive for the contractor to inflate unit prices to hedge against quantity risks. Read the full story...
Reprinted courtesy of Virginia Trunkes, Robinson & Cole
Ms. Trunkes may be contacted at vtrunkes@rc.com

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Savannah Homeowners Win Sizable Judgment in Mold Case against HVAC Contractor

Pennsylvania Sues Firms to Recoup Harrisburg Incinerator Losses

Assert a Party’s Noncompliance of Conditions Precedent with Particularity

Chinese Drywall Manufacturer Claims Product Was Not for American Market

Crossrail Audit Blames Busted Budget and Schedule on Mismanagement

Insurance Policy Language Really Does Matter

Procedural Matters Matter!

Insured's Commercial Property Policy Deemed Excess Over Unobtained Flood Policy

Wisconsin Supreme Court Abandons "Integrated Systems Analysis" for Determining Property Damage

Duty to Defend Construction
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Congratulations to Haight’s 2019 Northern California Super Lawyers

Newmeyer & Dillion Attorneys Selected to the 2016 Southern California Super Lawyers Lists

Sanctions of $1.6 Million Plus Imposed on Contractor for Fabricating Evidence

Work to Solve the Mental Health Crisis in Construction

Condominium's Agent Owes No Duty to Injured Apartment Owner

Contractor Owed a Defense

Philadelphia Enacts Commercial Property Assessed Clean Energy (C-PACE) Program

Court Grants Insurer's Motion for Summary Judgment After Insured Fails to Provide Evidence of Systemic Collapse

DOJ to Prosecute Philadelphia Roofing Company for Worker’s Death

Real Estate & Construction News Round-Up 01/26/22

How Many Bridges Does the Chesapeake Bay Need?

Insurance Measures Passed by 2015 Hawaii Legislature

Does a Landlord’s Violation of the Arizona Residential Landlord-Tenant Act Constitute Negligence Per Se?

A Call to Washington: Online Permitting Saves Money and the Environment

Buffett’s $11 Million Beach House Is Still on the Market

California Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess Policies

Loss of Use From Allegedly Improper Drainage System Triggers Defense Under CGL Policy

North Dakota Supreme Court Clarifies Breadth of Contractual Liability Coverage

Senior Housing Surplus Seen as Boomers Spur Building Boom

L.A. Makes $4.5 Billion Bet on Olympics After Boston Backs Out

Real Estate & Construction News Round-Up (08/24/22) – Local Law 97, Clean Energy, and IRA Tax Credits

SunTrust Will Pay $968 Million to Resolve Mortgage Probes

California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law Provisions in Policies

Significant Ruling in PFAS Litigation Could Impact Insurance Coverage

California Beach Hotel to Get $185 Million Luxury Rebuild

More Construction Defects for San Francisco’s Eastern Bay Bridge Expansion

Freight Train Carrying Hot Asphalt, Molten Sulfur Plunges Into Yellowstone River as Bridge Fails

Arizona Contractor Designs Water-Repellant Cabinets

Subcontractor Not Liable for Defending Contractor in Construction Defect Case

TV Kitchen Remodelers Sued for Shoddy Work

Several Lewis Brisbois Partners Recognized by Sacramento Magazine in List of Top Lawyers

Disaster-Relief Bill Stalls in Senate

Curtain Wall Suppliers Claim Rival Duplicated Unique System

Traub Lieberman Attorneys Lisa M. Rolle and Vito John Marzano Secure Dismissal of Indemnification and Breach of Contract Claims Asserted against Subcontractor

Traub Lieberman Partner Michael K. Kiernan and Associate Brandon Christian Obtain Dismissal with Prejudice in Favor of Defendant

Home Prices in 20 U.S. Cities Increase at Slower Pace

Hawaii State Senate Requires CGL Carriers to Submit Premium Information To State Legislature

Richest NJ Neighborhood Fights Plan for Low-Cost Homes on Toxic Dump

Courthouse Reporter Series - How to Avoid Having Your COVID-19 Expert Stricken

Eye on Housing Examines Costs of Green Features

Insurer Beware: Failure to Defend Ends with Hefty Verdict

Jana Lubert & Kathleen Walker Named to Los Angeles Business Journal’s LA500 List

What ENR.com Construction News Gained the Most Views

California Contractor Spills Coffee on Himself by Failing to Stay Mechanics Lien Action While Pursuing Arbitration

Steel Makeover Under Way for Brooklyn's Squibb Footbridge

Recording “Un-Neighborly” Documents

California Home Sellers Have Duty to Disclose Construction Defect Lawsuits

Teaming Agreements- A Contract to Pursue a Solicitation and Negotiate

Massachusetts Supreme Judicial Court Strikes a Deathblow to Substantial Factor Causation in Most Cases; Is Asbestos Litigation Next?