Anaheim California Construction Expert Witness Directory

Insurer Cannot Raise Issues on Appeal that Were Not Presented to the Trial Court

June 15, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Florida Court of Appeals affirmed a judgment on a collapse claim for the insured, rejecting the insurer’s arguments that were not presented to the trial court. Homeowner’s Choice Prop. & Cas. Ins, Co. v. Oakes, 2026 Fl. App. LEXIS 2086 (Fl. Ct. App. March 18, 2026). The insured’s ceiling collapsed in the secondary home on the insured’s property. The claim was reported to the insurer, but coverage was denied after its investigation. The insured sued the insurer for breach of contract. Under the Additional Coverage provisions of the policy, collapse was covered if it was “abrupt.” An abrupt collapse was not covered, however, if exclusions for “Fungi, Wet or Dry Rot” and “faulty, inadequate or defective design, specifications, workmanship, repair, construction, renovation, remodeling, materials or maintenance” applied. The collapse provisions contained no language stating that the coverage granted in the provision was also subject to all the other exclusions in the policy. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

UPDATED: Dominion Sues Feds Over Offshore Wind Project Halt, With Action Possible on Others Shut

February 02, 2026 — Debra K. Rubin - Engineering News-Record
UPDATED: Dominion Energy filed a federal lawsuit Dec. 23 in Norfolk, Va. against the U.S. Interior Dept. immediate construction pause order for its 2.6-GW Coastal Virginia Offshore Wind energy project (CVOW) off Virginia Beach, Va., which it developing to begin operation next year. The project is one of five large East Coast offshore wind projects under construction that the federal agency paused, claiming new "national security" risks. Dominion and OSW Project LLC, the entity that includes project co-owner Stonepeak Partners, a private investor, said they seek a temporary restraining order. Read the full story...
Reprinted courtesy of Debra K. Rubin, Engineering News-Record
Ms. Rubin may be contacted at rubind@enr.com

Executive Order Addresses Wildfire Rebuilding Delays Through Federal Preemption of State and Local Permitting

February 10, 2026 — Olivia LaCasto & Josh Schneiderman - Snell & Wilmer
Quick Take On January 23, 2026, one year after the Los Angeles wildfires, the President issued Executive Order 14377 directing the Secretary of Homeland Security, acting through the Administrator of the Federal Emergency Management Agency (FEMA), and the Administrator of the Small Business Administration (SBA) to consider regulations that would preempt state and local permitting requirements for federally funded reconstruction projects in the Pacific Palisades and Eaton Canyon areas. The Order mandates expedited federal environmental and historic preservation reviews, directs the development of legislative proposals, and orders an audit of California’s use of Hazard Mitigation Grant Program (HGMP) funding. Key Provisions Federal Preemption of State and Local Permitting The Order directs FEMA and the SBA to consider promulgating regulations that would preempt state or local permitting processes found to have “unduly impeded” the timely use of federal emergency-relief funds by homeowners, businesses, or houses of worship seeking to rebuild. Under the proposed framework, preempted permitting regimes would be replaced with a self-certification requirement, whereby builders would certify to a federal designee that they have complied with all applicable substantive state and local health and safety standards. FEMA would retain authority to review all repairs and construction for compliance with applicable health and safety standards. Proposed regulations must be published within 30 days, with final regulations due within 90 days. Reprinted courtesy of Olivia LaCasto, Snell & Wilmer and Josh Schneiderman, Snell & Wilmer Ms. LaCasto may be contacted at olacasto@swlaw.com Mr. Schneiderman may be contacted at jschneiderman@swlaw.com Read the full story...

Seattle’s Residential Zoning Transformation: What Property Owners, Buyers, and Investors Should Understand

May 14, 2026 — Lawrence S. Glosser - Ahlers Cressman & Sleight PLLC
Seattle is in the midst of a significant transformation in residential land use policy. Longstanding neighborhood zoning patterns that historically favored detached single-family development are being reexamined in response to housing supply pressures, affordability concerns, and evolving state mandates. For homeowners, purchasers, investors, and builders, these changes may create substantial new opportunities. They also create a heightened need for careful legal and practical due diligence. While zoning reform can expand potential uses of property, it does not eliminate the many other constraints that may still govern what can actually be built. Read the full story...
Reprinted courtesy of Lawrence S. Glosser, Ahlers Cressman & Sleight PLLC
Mr. Glosser may be contacted at larry.glosser@acslawyers.com

Newark Team Obtains Appellate Ruling Affirming Summary Judgment for Lawyer and Firm in Professional Negligence Lawsuit

April 14, 2026 — Lewis Brisbois Newsroom
Newark Partner Meredith Kaplan Stoma and Associate Anthony Doss recently secured a decision from the New Jersey Superior Court, Appellate Division, affirming summary judgment for their clients, a lawyer and her firm, in a lawsuit alleging professional negligence in connection with the administration of a commercial loan. The circumstances giving rise to the lawsuit date back to September 2020, when the plaintiff was approached by members of a real estate investment company regarding a short-term loan opportunity whereby he would loan the company $200,000. The company provided the plaintiff with a “bridge loan package,” which stated that the requested funds would be held in the escrow account of their counsel and her firm (Lewis Brisbois’ clients), and returned to him with interest within six months once the company was “capitalized” by a senior lender. The company subsequently prepared two notes, each for $100,000, in connection with the agreement. Read the full story...
Reprinted courtesy of Lewis Brisbois

Snell & Wilmer Partner Jonathan Frank Named Winner of 2025 Connect CRE’s Lawyers in Real Estate Award

January 13, 2026 — Snell & Wilmer
ORANGE COUNTY — Snell & Wilmer is pleased to announce that Orange County Partner Jonathan Frank has received the 2025 Connect CRE’s Lawyers in Real Estate Award, a distinction honoring attorneys who demonstrate excellence in commercial real estate law while making meaningful contributions to the industry and their communities. The award recognizes legal leaders whose expertise, vision, and dedication set them apart, reflecting a career marked by both professional achievement and civic impact. Read the full story...
Reprinted courtesy of Snell & Wilmer

Kahana Feld Partner Pascal Arteaga Achieves Prestigious TBLS Construction Law Board Certification

January 21, 2026 — Kahana Feld
Kahana Feld is pleased to announce that partner Pascal Arteaga has successfully passed the Texas Board of Legal Specialization (TBLS) Construction Law Board Certification Exam—one of the most rigorous specialty certifications in the state. The exam tests deep knowledge of construction-related statutes, contracts, claims, and project delivery systems and is only available to attorneys who first meet demanding experience, continuing legal education, and peer-reference requirements. This achievement reflects Pascal’s extensive experience across critical areas of construction law and his dedication to providing top-level service to his clients. Read the full story...
Reprinted courtesy of Kahana Feld

Construction Liens and the “Substantial Performance” Doctrine

April 08, 2026 — David Adelstein - Florida Construction Legal Updates
In a recent case dealing with a construction lien, the driving issue was whether the air conditioning contractor “substantially performed” before recording its construction lien against residential property. The importance here pertains to the substantial performance doctrine with respect to construction liens. The Third District Court of Appeal explained, with relevant citations, this doctrine as follows: Under Florida law, a contractor is entitled to a mechanic’s lien if he complies with all provisions of Chapter 713, governing construction liens, and “has substantially performed the contract.” Grant v. Wester, 679 So. 2d 1301, 1307 (Fla. 1st DCA 1996) (quotation omitted); Langley v. Knowles, 958 So. 2d 1149, 1151 (Fla. 5th DCA 2007) (“The substantial performance doctrine recognizes that a contactor who complies with all of the provisions of the contactor’s lien statute is entitled to enforce a lien if he has substantially, but not completely, performed his contractual obligations.”). Substantial performance is performance “so nearly equivalent to what was bargained for that it would be unreasonable to deny the promisee the full contract price subject to the promisor’s right to recover whatever damages may have been occasioned him by the promisee’s failure to render full performance.” Ocean Ridge Dev. Corp. v. Quality Plastering, Inc., 247 So. 2d 72, 75 (Fla. 4th DCA 1971). Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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