ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Protect Your Projects By Identifying and Controlling Hidden Contract Risks

March 10, 2026 — Larry Borda & Daniel Lund III - JD Supra
In a recent webinar entitled “Spreading the Risk and Avoiding Killer Contract Clauses,” Phelps lawyers Daniel Lund and Larry Borda examined contractual provisions that most often expose construction professionals to unexpected financial and legal risk. While construction contracts may appear routine, each contract serves as the primary mechanism for managing, allocating, and mitigating risk among parties involved in complex projects—often valued in the hundreds of millions or billions of dollars. When parties fail to fully understand the terms they sign, costly and avoidable consequences frequently follow. Contracts as Risk-Transfer Instruments Construction contracts are the primary method for transferring risk. While contracts authorize work and define scope, they also allocate responsibility for the risks inherent in construction projects. Some may imagine a world where a one-page agreement and a set of plans would suffice. In reality, modern construction requires detailed agreements—particularly provisions designed to anticipate problems, distribute burdens and reduce disputes. Reprinted courtesy of Larry Borda, Phelps and Daniel Lund III, Phelps Mr. Borda may be contacted at larry.borda@phelps.com Mr. Lund may be contacted at daniel.lund@phelps.com Read the full story...

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When Your Scheduler Hallucinates: Managing AI Risk on the Job Site

March 03, 2026 — Jason Loring - ConsensusDocs
Artificial intelligence has moved from the conference room to the construction site. Contractors are using AI-powered tools to predict schedule delays, monitor safety through drone footage, optimize equipment maintenance and flag potential hazards in real time. These tools deliver genuine efficiency gains, but they also introduce risks that most construction contracts do not anticipate and many project teams aren’t yet equipped to manage. The problem is that AI tools are probabilistic and not determinative, meaning that they can “hallucinate”: generating confident, but completely wrong, information. Your AI scheduling software might therefore predict a delay that never materializes, causing unnecessary resource mobilization. Your drone monitoring might flag a nonexistent safety hazard, stopping work and costing productivity. Or worse, it might miss a real hazard entirely. Read the full story...
Reprinted courtesy of Jason Loring, Jones Walker LLP
Mr. Loring may be contacted at jloring@joneswalker.com

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Massachusetts Construction Industry Continues to Wait While Prompt Payment Law Is Put to the Test

March 31, 2026 — Catherine Maronski - Construction Law Zone
Earlier this month, the Massachusetts Supreme Judicial Court (SJC) heard argument in J.C. Cannistraro, LLC v. Columbia Construction Co. et al., a dispute concerning the state’s Prompt Payment Act (PPA). Although a decision has yet to be issued, it could potentially pose widespread implications for high-value private construction projects moving forward – and perhaps backwards. The PPA, G. L. c. 149, § 29E, enacted by the Massachusetts Legislature in 2010, has become a keystone in the construction industry. It was enacted to address, in part, downstream cash flow issues that tend to pervade construction projects by mandating a series of strict guidelines for submitting, and responding to, payment applications for private projects valued over $3,000,000. Amongst these requirements are set timeframes to respond to an application, as well as what must be contained in an application rejection. Critically, if an owner or upper-tier contractor fails to fully comply with all the statutory requirements in response to a proper payment application, the application is automatically “deemed to be approved” and payable. Significantly, however, this is not always the end of the line. Read the full story...
Reprinted courtesy of Catherine Maronski, Robinson Cole
Ms. Maronski may be contacted at cmaronski@rc.com

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Modular Construction’s Big Boom: New Risks Outpacing Standard Contracts in Industrial Projects

March 24, 2026 — Chad Theriot & Jack Mayo - Construction Executive
Modular construction is revolutionizing the construction industry, tackling labor shortages, sustainability goals and supply-chain challenges, with the global market for modular and prefabricated construction projected to reach over $200 billion by 2030. While residential builders have embraced modular’s speed and affordability, the greatest risks—and opportunities—are emerging in the industrial sector, where project scale and complexity demand new legal strategies. In 2023, Chad Theriot explored industrial and infrastructure applications of modular construction, addressing risks like offsite fabrication and integration complexities in his article, “The Rise of Modular Construction—Impacts for Consideration.” Since that time, modular construction has continued to experience significant advancements and has been increasingly adopted by contractors across a broad spectrum of industrial and commercial projects. As modular construction continues to reshape the industrial landscape, contractors and owners alike must be mindful of the legal implications associated with its use, specifically as it relates to liability and risk allocation, regulatory compliance, quality control and upstream factors such as transportation and intellectual property concerns. Reprinted courtesy of Chad Theriot and Jack Mayo, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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GRSM Ranked Among Texas’ 50 Largest Law Firms by Texas Lawyer

August 03, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani has been recognized byTexas Lawyer in its 2026 Texas 100 ranking, earning the No. 49 spot among the state’s largest law firms by attorney headcount. The annual report spotlights the continued strength of Texas’ legal market, with firms across the state collectively increasing lawyer headcount by 2% in 2025. “Texas continues to be one of the country’s most thriving legal and business markets, and we are proud to be recognized among the state’s largest law firms,” said Laura De Santos, Regional Oversight Partner for Texas. “Our continued growth shows the confidence our clients place in us, the exceptional talent of our attorneys, and our commitment to delivering seamless, high-quality legal services throughout Texas and across our 50-state platform.” Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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Massachusetts Settlement Targets Mortgage-Backed “Homeowner Benefit” Agreements

April 08, 2026 — A.J. S. Dhaliwal, Mehul N. Madia & Maxwell Earp-Thomas - Sheppard
On March 11, Massachusetts Attorney General Andrea Joy Campbell announced a consent order with a real estate-related lender’s subsidiary, and affiliated individuals resolving allegations that the company violated the Massachusetts Consumer Protection Act by deceptively marketing mortgage-backed “Homeowner Benefit Agreements” to financially struggling homeowners. According to the complaint, the company offered homeowners relatively small upfront cash payments, typically less than $1,500, in exchange for a 40-year exclusive right to act as the listing broker if the homeowner later sold the property. The Attorney General alleged that the agreements also triggered substantial payment obligations upon other transfers, including death or foreclosure, and that the transactions were secured by recorded mortgages that could interfere with refinancing, home-equity access, or the ability to sell the home. The complaint further alleged that the company marketed the product to vulnerable consumers searching for loans or public benefits while obscuring the true nature of the transaction. Reprinted courtesy of A.J. S. Dhaliwal, Sheppard, Mehul N. Madia, Sheppard and Maxwell Earp-Thomas, Sheppard Mr. Dhaliwal may be contacted at adhaliwal@sheppard.com Mr. Madia may be contacted at mmadia@sheppard.com Mr. Earp-Thomas may be contacted at mearp-thomas@sheppard.com Read the full story...

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Additional Insureds Owed a Defense in Underlying Personal Injury Suit

March 03, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court granted partial summary judgment on the duty to defend to two additional insureds who were named as defendants in the underlying personal injury suit. In re Third St. Equity, LLC, 2025 U.S. Dist. LEXIS 234909 (E.D. N. Y. Dec. 2, 2025). Third Street Equity LLD hired Developing NY State, LLC as the contractor for a construction project. Developing NY entered a subcontract agreement with Capital Source Concrete NY LLC for concrete work as well as labor and services for a construction project. The subcontract required that Capital Concrete keep the construction site free of debris, waste material or rubbish. Further, Capital Concrete was responsible for compliance with OSHA safety regulations. It was also agreed that Capital Concrete would obtain liability and workers compensation insurance naming Third Street and Developing NY as additional insureds. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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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, manufactu
CLB Recommends Extensive Hawaii Contractor License Changes

Supreme Court of Idaho Rules That Substantial Compliance With the Notice and Opportunity to Repair Act Suffices to Bring Suit

Renee Mortimer Recognized as "Defense Lawyer of the Year" by DTCI

Berger: FIGG Is Slow To Hand Over All Bridge Collapse Data

Competent, Substantial Evidence Carries Day in Bench Trial

City of Pawtucket Considering Forensic Investigation of Tower

Las
Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference

Balancing Tradition and Technology in Bringing AI to AEC

California’s Wildfire Dilemma: Put Houses or Forests First?

Congratulations to Las Vegas Partner Jeffrey W. Saab and Associate Shanna B. Carter on Obtaining Another Defense Award at Arbitration!

Possible Real Estate and Use and Occupancy Tax Relief for Philadelphia Commercial and Industrial Property Owners

Construction Costs Must Be Reasonable

Mandatory Attorneys’ Fee Award for Actions Brought Under the Underground Utility Damage Prevention Act

Contractor Prevails in Part Against CalOSHA in Valley Fever Case

Being deposed—not just for dictators! Depositions in the construction lawsuit (Law & Order: Hard Hat files Part 5)

Congratulations to Las Vegas Team on Their Successful Motion for Summary Judgment!

Here's How Much You Can Make by Renting Out Your Home

Vinny Testaverde Alleges $5 Million Mansion Riddled with Defects

Real Estate & Construction News Roundup (11/5/25) – Apartment Conversion Projects Surge, Targeted AI in Real Estate Increases and Hotel Lobby Urge End of Government Shutdown

BWB&O’s LA Team Secures a Defense Victory for General Contractor Client in Riverside Superior Court!

Digitalizing the Hospital Design Requirements Process

California Trial Court Clarifies Application of SB800 Roofing Standards and Expert’s Opinions

Avoid a Derailed Settlement in Construction

Los Angeles Team Secures Defense Verdict for Public Entity Client in High-Exposure Personal Injury Case

Federal Courts Reject Insurers’ Attempts to Recoup Defense Costs Expended Under Reservation of Rights

Does the Implied Warranty of Habitability Extend to Subsequent Purchasers? Depends on the State

Insurer’s Optional Appeals Process Does Not Toll Statute of Limitations Following Unequivocal Written Denial

A Trio of Environmental Decisions from the Fourth Circuit

Pennsylvania Supreme Court’s Ruling On Certificates Of Merit And “Gist Of Action” May Make It More Difficult For An Architect Or Engineer To Seek An Early Dismissal

The Real Estate Crisis in North Dakota's Man Camps

When Does a Claim Against an Insurance Carrier for Failing to Defend Accrue?

Struggling Astaldi Announces Defaults on Florida Highway Contracts

Massachusetts District Court Holds Contractors Are Not Additional Insureds on Developer’s Builder’s Risk Policy

ADP Says Payrolls at Companies in U.S. Increase 200,000

"Over? Did You Say 'Over'?" Determining the Preclusive Effect of an Earlier Arbitration Award

Fifth Circuit Reverses Insurers’ Summary Judgment Award Based on "Your Work" Exclusion

Procedural Matters Matter!

Deadline for Hurricane Ian Disaster Recovery Applications Announced

Differing Site Conditions Claim Requires a Misrepresentation

Missouri Legislature Passes Bill to Drastically Change Missouri’s “Consent Judgment” Statute

California Court of Appeal Holds a Tenant Owes No Duty to Protect a Social Guest From a Defective Sidewalk Leading to a Condominium Unit

Thank You for 18 Straight Years in the Virginia Legal Elite in Construction Law

Pacing in Construction Scheduling Disputes

Partners Nicole Whyte and Karen Baytosh are Selected for Inclusion in Best Lawyers 2021 and Nicole Nuzzo is Selected for Inclusion in Best Lawyers: Ones to Watch

Do Engineers Owe a Duty to Third Parties?

Apprentices on Public Works Projects: Sometimes it’s Not What You Do But Who You Do the Work For That Counts

Georgia Appellate Court Supports County Claim Against Surety Company’s Failure to Pay

Nation’s Top Court Limits EPA's Authority in Clean Air Case

ICE Said to Seek Mortgage Role Through Talks With Data Service

Blackouts Require a New Look at Backup Power

Is Your Business Insured for the Coronavirus?

Extreme Flooding Overwhelms New York Roadways, Killing 1 Person

Claim for Punitive Damages Based on Insurers' Alleged Bad Faith Business Practices Fails

Construction Defect Specialist Joins Kansas City Firm

Critical Updates in Builders Risk Claim Recovery: Staying Ahead of the "Satisfactory State" Argument and Getting the Most Out of LEG 3

Homebuilders Go Green in Response to Homebuyer Demand