ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Appraisal Award Upheld Despite Insurer’s Contention that Causation was Considered

February 23, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court in Tennessee granted the insured’s motion for summary judgment finding the appraisal award was properly determined despite the insurer’s argument that the appraisal panel considered causation of the loss. Nashville Communications, Inc. v. Auto-Owners (Mutual) Ins. Co., 2025 U.S. Dist. LEXIS 223455 (M.D. Tenn. Nov. 13, 2025) A windstorm struck and damaged the building owned and insured by Nashville Communications (NashComm). A claim was submitted to the insurer, Auto-Owners, for damage to the roof and interior water leakage. Auto-Owners acknowledged that there was some amount of wind damage to the building from the wind event. 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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Late Notice Bars Insured’s Claim for Wind Damage

June 29, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court found that a six-month delay in reporting damage from wind did not comply with the policy’s notice requirements. Touchmark Hotel Group, LLC v. Mt. Hawley Ins. Co., 2026 U.S. Dist. LEXIS 61910 (S.D. N. Y. March 24, 2026). A storm caused damage to Touchstone’s hotel on January 4, 2023. Touchstone’s corporate representative, Rohit Patel, testified that he was not at the property on the day of the storm. In a telephone call the next day, the manager of the property reported to Patel that he observed detached shingles from the roof the hotel in the parking lot. Patel testified that he did not file a claim at that time because Touchmark’s employees did not detect any water leakage in the building and because he did not believe that the cost of the damage from the storm would exceed the policy’s deductible. 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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Idaho Contractor Registration: Lessons from the Ward v. Bishop Decision

April 20, 2026 — Tara Martens Miller - Snell & Wilmer
The Idaho Supreme Court’s recent decision in Ward v. Bishop Constr., Ltd. Liab. Co., No. 51118, 2025 Ida. LEXIS 143 (Dec. 31, 2025) offers valuable guidance for contractors and construction attorneys navigating the Idaho Contractor Registration Act (ICRA). The December 2025 ruling clarifies critical questions about when and how defendants may raise contractor registration defenses, the weight of pretrial stipulations, and the consequences of procedural missteps in construction litigation. This article examines the key takeaways from the decision and offers practical actions for consideration by those working in Idaho’s construction industry. The Facts Behind the Dispute The case arose from a long-standing working relationship between cousins Joel Ward and Ren Bishop dating to the 1990s. Ward performed general construction work for Bishop Construction, LLC, including building, plumbing, electrical, framing, roofing, and siding work on projects in Idaho, Montana, and Wyoming. Bishop agreed to pay Ward $10 per hour, later increased to $12 per hour, plus one-way travel expenses. Between 2017 and 2019, Ward worked over 1,100 hours but was never paid, totaling $12,443.54 in claimed damages. Read the full story...
Reprinted courtesy of Tara Martens Miller, Snell & Wilmer
Ms. Miller may be contacted at tmmiller@swlaw.com

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Five Payne & Fears Attorneys Named 2026 Southern California Super Lawyers

March 10, 2026 — Payne & Fears LLP
Five Payne & Fears attorneys have been named to the 2026 Southern California Super Lawyers list in recognition of their work across a range of practice areas. This honor reflects their dedication to their clients, depth of experience, and the high standard of service they bring to every matter. Read the full story...
Reprinted courtesy of Payne & Fears LLP

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Fatalities Edge Down: New Data Reveals a Promising Decline

April 27, 2026 — Construction Executive
Construction fatalities in the United States declined slightly in 2024, according to new data released from the U.S. Bureau of Labor Statistics. The sector recorded just over 1,000 worker deaths last year—a modest decrease from the previous year but still among the highest totals of any industry. Falls remained the leading cause of death, accounting for roughly one-third of all construction fatalities. Transportation incidents—including workers struck by vehicles or equipment—ranked second, followed by contact with objects or equipment and electrocutions. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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California’s Retention Reform on Private Construction Projects

February 17, 2026 — Michael McKeeman - The Construction Seyt
Retention has long been a contentious issue in California construction. Traditionally, owners withheld retention of 10% from each progress payment until completion, arguing it was necessary to ensure performance, quality and timely delivery. Contractors and subcontractors, however, often struggled with cash flow, payroll, and material costs while waiting months—sometimes even years—for withheld retention. Recognizing the financial challenges contractors and subcontractors face, the California legislature passed Senate Bill 61 (“SB 61”), now codified under California Civil Code Section 8811 and effective January 1, 2026, limiting retention to 5% on private works of improvement, aligning with the public works standard in place since 2012. The law’s intent is clear—ease financial strain on contractors and subcontractors while still providing owners with security (albeit reduced) with respect to project completion. Read the full story...
Reprinted courtesy of Michael McKeeman, Seyfarth
Mr. McKeeman may be contacted at

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Introducing the Updated 2026 Pillsbury Guide to Data Centers

June 08, 2026 — Gravel2Gavel Team - Gravel2Gavel Construction & Real Estate Law Blog
Since the initial publication of the Pillsbury Guide to Data Centers in 2025, the market has continued to evolve—most notably with respect to power availability, energy strategy, tax and incentives planning, and investment activity across the sector. While many of the legal, commercial and regulatory frameworks addressed in the original Guide remain durable and relevant, recent developments warranted targeted updates and additions. The 2026 edition expands and updates our energy-focused content to reflect the increasingly central role of power procurement, interconnection and long-term energy strategy in data center development. We have incorporated new materials addressing power purchase and interconnection agreements, solar and other renewable energy solutions, advanced reactor designs, and nuclear-powered data centers projects, including an updated project tracker. We have also added new analysis covering state and local tax considerations and incentive structures relevant to data center development and operations, as well as current M&A and private equity trends shaping investment in the sector. Read the full story...
Reprinted courtesy of Gravel2Gavel Team

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Lawmakers Vote to Reauthorize Programs to Support Water Quality, Coastal Protection

April 20, 2026 — Pam McFarland - Engineering News-Record
The U.S. House of Representatives has passed a package of 14 bills that includes measures to reauthorize several U.S. Environmental Protection Agency programs to protect and restore critical water ecosystems, expand access to broadband, reduce regulatory requirements on airport projects and programs and lower costs of federal buildings. Read the full story...
Reprinted courtesy of Pam McFarland, Engineering News-Record
Ms. McFarland may be contacted at mcfarlandp@enr.com

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