Anaheim California Construction Expert Witness Directory

Structuring Water Resilience for Data Center Development: Water Rights, Reuse Incentives, and Emerging Disclosure Risk

March 10, 2026 — Ashleigh Myers, Jillian Marullo & Jason Drogin Atwood - Gravel2Gavel Construction & Real Estate Law Blog
As AI-driven data center development accelerates, developers, communities and regulators are increasingly focused on water demand—both the volume required and the sources from which that water will be drawn. While industry attention has largely centered on electricity procurement and grid impacts, the availability and legal entitlement to a firm water supply has become equally material to siting, permitting and community acceptance. Particularly as surface and groundwater supplies become increasingly constrained and new projects are sited in regions experiencing tighter hydrologic conditions or growth-related supply constraints, project teams are increasingly integrating water supply analysis into early-stage development to address issues that can materially affect schedule, financing and long-term operations. Reprinted courtesy of Ashleigh Myers, Pillsbury, Jillian Marullo, Pillsbury and Jason Drogin Atwood, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Mr. Atwood may be contacted at jason.atwood@pillsburylaw.com Read the full story...

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

The AVOID Act: A New Timeline for Liability in New York Construction Projects

February 23, 2026 — Meghan Douris - The Construction Seyt
By April 18, 2026, New York construction litigation will operate on a faster—and far less forgiving—timeline. The Avoiding Vexatious Overuse of Impleading to Delay (the “AVOID Act”), signed into law on December 19, 2025, fundamentally rewrites third‑party practice under CPLR § 1007 by imposing strict deadlines to bring subcontractors, suppliers, and other responsible parties into a case. For owners, developers, general contractors, and their in‑house counsel, this change will shift risk assessment, contract enforcement, and litigation strategy to the very front end of a claim—particularly in New York Labor Law and construction defect cases. What Changed—and Why It Matters to Construction Cases Historically, New York defendants could implead subcontractors and other players well into discovery. The AVOID Act ends that practice. Read the full story...
Reprinted courtesy of Meghan Douris, Seyfarth Shaw LLP
Ms. Douris may be contacted at mdouris@seyfarth.com

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, manufactured by Aquatherm GmbH in Germany, was marketed, distributed, and installed through a network of U.S.-based entities. Following a six-week trial, the jury returned a verdict exceeding $18 million on claims under the Washington Product Liability Act and Consumer Protection Act. Aquatherm challenged, among other things, the trial court's exercise of personal jurisdiction. Reprinted courtesy of Timothy J. Repass, Wood Smith Henning Berman and Miki J. Saito, Wood Smith Henning Berman Mr. Repass may be contacted at trepass@wshblaw.com Ms. Saito may be contacted at msaito@wshblaw.com Read the full story...

Court Rules Cook County Misspent $243M in Transportation Funds

March 10, 2026 — Annemarie Mannion - Engineering News-Record
A Cook County Illinois Circuit Court judge has ruled that the county violated the state constitution by using $243 million in transportation tax revenue during fiscal 2023 for non-transportation purposes, handing a legal win to a statewide coalition of construction trade groups. Read the full story...
Reprinted courtesy of Annemarie Mannion, Engineering News-Record
Ms. Mannion may be contacted at manniona@enr.com

HHMR and Every One of its Partners Recognized by Legal 500 in Denver Elite – Real Estate

April 20, 2026 — David McLain - Colorado Construction Litigation Blog
Higgins, Hopkins, McLain & Roswell, LLC is pleased to announce its recognition as a Tier 1 firm in the Denver Elite rankings for Real Estate, a category that includes construction law and construction litigation, by The Legal 500. In addition, each of the firm’s partners has been individually recognized in the same rankings. The firm’s individual recognitions include:

David M. McLain — Tier 1
Ricky L. Nolen, Jr. — Tier 2
Lisa Bondy Dunn — Tier 3

Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

U.S. Supreme Court Decision Alters Course of $745M Louisiana Coastal Damage Judgment

June 15, 2026 — Jennifer Kretschmann & Jennifer E. Michel - Lewis Brisbois
The U.S. Supreme Court has issued a unanimous decision allowing oil and gas companies to move Louisiana coastal erosion lawsuits from state court to federal court under the federal officer removal statute. While the ruling is procedural, it carries significant implications for environmental- and energy-related risks. The case, Chevron U.S.A. Inc. v. Plaquemines Parish, Louisiana, Slip Op. 24-813 (April 17, 2026), addressed a threshold jurisdictional question but has broader significance for environmental and climate related litigation. State courts are often viewed as more favorable forums for plaintiffs asserting environmental damage claims, particularly those brought by governmental entities. The opinion issued on April 17, 2026 is the latest development in long-running Louisiana coastal litigation that began more than a decade ago. Starting in 2013, Louisiana parishes filed 42 lawsuits against oil and gas companies alleging environmental damage related to historic oil field operations. The parishes alleged that oil and gas companies violated state coastal management laws by failing to properly restore impacted areas. Chevron sought to remove the cases from state court under 28 U.S.C. § 1442(a)(1), known as federal officer removal, which provides federal jurisdiction over “any person acting under [an] officer” of the United States "for or relating to any act under color of such office." The Fifth Circuit rejected the argument and remanded the case, and others like it, to state court. Trial began in March 2025 in Point à la Hache, Louisiana. On April 4, 2025, the jury awarded a total of $745 million to compensate for land loss, contamination and abandoned equipment. On June 16, 2025, the U.S. Supreme Court agreed to review the question of whether a federal contractor can remove to federal court when sued for oil-production activities undertaken to fulfill a federal oil-refinement contract. Reprinted courtesy of Jennifer Kretschmann, Lewis Brisbois and Jennifer E. Michel, Lewis Brisbois Ms. Kretschmann may be contacted at Jennifer.Kretschmann@lewisbrisbois.com Ms. Michel may be contacted at Jenny.Michel@lewisbrisbois.com Read the full story...

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

April 14, 2026 — Francesco "Frio" Iorio - Engineering News-Record
Everyone knows that data centers are voracious consumers of electricity. In fact, the U.S. is currently scrambling to meet unprecedented levels of power demand not seen since the early days of electrification and the widespread adoption of air conditioning. Read the full story...
Reprinted courtesy of Francesco "Frio" Iorio, Engineering News-Record
ENR may be contacted at enr@enr.com

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