Anaheim California Construction Expert Witness Directory

The “Pay When Paid” Clause in California Construction—Strategies as the Battle Continues

August 03, 2026 — William L. Porter - Porter Law Group
It is well known in California Construction circles that the “Pay If Paid” clause is illegal in this state. There is a great distinction, though, between this clause and a similar clause, known as a “Pay When Paid” clause. A pay if paid clause allows a contractor to tell a subcontractor that if the contractor is unpaid for the subcontractor’s work, then the contractor has no legal obligation to pay the subcontractor, ever. For a great variety of reasons, the California Supreme Court, in the case of Wm. R. Clarke Corp v. Safeco Ins. Co. of America (1997) 15 Cal.4th 882, declared this type of clause illegal in California Construction. Although the pay if paid clause is illegal in California, the pay when paid clause is still perfectly legal and is found in many subcontracts that contractors issue to their subcontractors. The pay when paid clause allows a contractor to delay paying its subcontractors until the dispute between the contractor and the property owner over payment has been resolved and the contractor is paid by the property owner. Although seemingly reasonable (since it merely delays payment until the contractor is paid by the owner, thereby providing a funding source to pay subcontractors), significant problems still arise. Read the full story...
Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

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

Cuomo Bridge Lawsuit Adversaries Weigh Mediated Settlement

July 06, 2026 — Richard Korman - Engineering News-Record
Rival legal teams have reached a critical juncture as they consider a mediated settlement in one of two major payment lawsuits pending between a design-build contracting team and the New York State Thruway Authority over construction of the more than $3-billion Mario M. Cuomo Bridge north of New York City. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

Southwest Super Lawyers Recognizes 50 Snell & Wilmer Attorneys in 2026 Rankings

June 15, 2026 — Snell & Wilmer
PHOENIX (April 22, 2026) – Snell & Wilmer is pleased to announce that 50 attorneys in the Phoenix and Tucson offices have been selected for inclusion in the 2026 Southwest Super Lawyers publication. Of those 50, four were recognized for the first time and 24 were recognized as Southwest Rising Stars. Super Lawyers is a listing of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations, and peer evaluations. Super Lawyers was first published in 1991 by Law & Politics and was acquired by Thomson Reuters, Legal in February 2010. Thomson Reuters is a leading source of information for businesses and professionals. The below Snell & Wilmer attorneys have been selected for inclusion in the 2026 Southwest Super Lawyers rankings. Read the full story...
Reprinted courtesy of Snell & Wilmer

Seattle Team Obtains Summary Judgment in Real Estate Broker Professional Liability Action

July 20, 2026 — Lewis Brisbois
Seattle Partner Kathleen A. Nelson and Associate Synova M. L. Edwards prevailed on a hotly contested motion for summary judgment in Whatcom County, Washington court in a real estate broker professional liability action. The plaintiff filed an action against Lewis Brisbois' clients, a real estate agent and brokerage firm, among several others, including the title company, purchasers and others related to the sale of real property following his complicated and long running divorce action. These claims primarily arose out of the clients’ reliance on an order signed by the court in the underlying divorce action. The order allowed the clients to execute the purchase and sale agreement, as the plaintiff was non-cooperative. Read the full story...
Reprinted courtesy of Lewis Brisbois

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

Prefatory Contract Language Cannot Be Used to Create an Ambiguity with Operative Provisions

May 12, 2026 — David Adelstein - Florida Construction Legal Updates
Contract drafting and interpretation matters. A case dealt with the potential conflict with prefatory language in an agreement compared with operative provisions in the agreement. The trial court held that the operative provisions control. I discussed this case here where the appellate court reversed based on the prefatory language. But, through a motion for rehearing, the appellate court reconsidered its position and affirmed the trial court based on the operative provisions, mainly that the prefatory language cannot be used to create an ambiguity with operative provisions. Consider this explanation in affirming the trial court:

Because the trial court correctly found that the initial language in the contract was prefatory and could not be used to create an ambiguity in the remainder of the contract, we affirm the final judgment.

Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Real Estate & Construction News Roundup (3/18/25) – Data Center Frenzy, China’s Expanding REIT Market and Tariff-Affected Construction Costs

March 31, 2026 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, relistings reached highest total in a decade, Florida State Legislature passes bill to increase the state’s housing supply, data center construction adapts to changes and more!

The data center construction frenzy and a new, potentially larger highway bill were top of mind for builders during the latest round of con
Construction Calamity: Risk Transfer Tips for Contractors After a Catastrophic Loss

Not so Fast! How Does Revoking Acceleration of a Note Impact the Statute of Limitations?

Lithium for Batteries from Geothermal Brine

Are Mechanic’s Liens the Be All End All of Construction Collections?

New 2021 ALTA/NSPS Land Title Survey Standards Effective February 23, 2021

Suit Limitation Provision Eliminates Wind Loss Claim

When Do You Call Your Lawyer?

California Supreme Court Allows Claim Under Unfair Competition Statute To Proceed

Unpredictable Opinion Regarding Construction Lien (Reinstatement??)

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

I.M. Pei, Architect Who Designed Louvre Pyramid, Dies at 102

New York Team Secures Dismissal of Premises Liability Action Against Client

Georgia Legislature Passes Additional Procurement Rules

Not Just Another Client Alert about Cyber-Risk and Effective Cybersecurity Insurance Regulatory Guidance

Florida Federal Court to Examine Issues of Alleged Arbitrator Conflicts of Interests in Panama Canal Case

Unpredictable Power Surges Threaten US Grid — And Your Home

Exclusion Does Not Bar Coverage for Injury To Subcontractor's Employee

Foreman in Fatal NYC Trench Collapse Gets Jail Sentence

New York City Council’s Carbon Emissions Regulation Opposed by Real Estate Board

Hirer Not Liable Under Privette Doctrine Where Hirer Had Knowledge of Condition, but not that Condition Posed a Concealed Hazard

Partners Jeremy S. Macklin and Mark F. Wolfe Secure Seventh Circuit Win for Insurer Client in Late Notice Dispute

Pennsylvania Supreme Court Dismisses Appeal of Attorney Fee Award Under the Contractor and Subcontractor Payment Act

Congratulations to Associate Madeline Arcellana on Her Selection as a Top Rank Attorney in Southern Nevada!

Monumental Museum Makeover Comes In For Landing

Governor Inslee’s Recent Vaccination Mandate Applies to Many Construction Contractors and their Workers

EPA Issues Interpretive Statement on Application of NPDES Permit System to Releases of Pollutants to Groundwater

CEO: Power Isn’t the Only Electrical Challenge for AI Data Centers

Insurance Alert: Insurer Delay Extends Time to Repair or Replace Damaged Property

Connecticut Federal District Court Follows Majority Rule on Insurance Policy Anti-Assignment Clauses

A Community Constantly on the Brink of Disaster

Repairs to Hurricane-damaged Sanibel Causeway Completed in 105 Days

Key Amendments to Insurance Claims-Handling Regulations in Puerto Rico

Water Reuse Emerges as a Critical Strategy for Data Center Development

Never, Ever, Ever Assume! (Or, How a Stuck Shoe is Like a Construction Project Assumption)

A Homeowner’s Subsequent Action is Barred as a Matter of Law by way of a Prior “Right to Repair Act” Claim Resolved by Cash Settlement for Waiver of all Known or Unknown Claims

Advice to Georgia Homeowners with Construction Defects

Nonparty Discovery in California Arbitration: How to Get What You Want

Who is Responsible for Construction Defect Repairs?

Is Your Home Improvement Contract Putting You At Risk?

Research Illuminates Pollution Problem in Tijuana River Valley

Vacation during a Project? Time for your Construction Documents to Shine!

Court Strikes Expert Opinion That Surety Acted as a “De Facto Contractor”

The Starter Apartment Is Nearly Extinct in San Francisco and New York

Supreme Court of Washington State Upholds SFAA Position on Spearin Doctrine

Las Vegas Student Housing Developer Will Name Replacement Contractor

Firm Announces Remediation of Defective Drywall

The Five-Step Protocol to Reopening a Business

3D Printing: A New Era in Concrete Construction

Biggest U.S. Gas Leak Followed Years of Problems, State Says

Living With a Millennial. Or Grandma.
ances for Development Community

Summary Findings of the Fourth National Climate Assessment

A Tuesday With Lisa Colon

As Some States Use the Clean Water Act to Delay Energy Projects, EPA Issues New CWA 401 Guidance

No Signature? Potentially No Problem for Sureties Enforcing a Bond’s Forum Selection Clause

Construction Litigation Roundup: “D’Oh!”

Contingent Business Interruption Claim Denied

Decline in Home Construction Brings Down Homebuilder Stocks

ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES