ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Four Payne & Fears Attorneys Named 2026 Southern California Super Lawyers Rising Stars

March 17, 2026 — Payne & Fears
We congratulate our four Payne & Fears attorneys who have been named 2026 Southern California Super Lawyers Rising Stars. This recognition highlights the next generation of legal talent, honoring attorneys who have made a strong impact in their practice areas early in their careers. Employment & Labor Taylor Brown Bree Oswald Employment Litigation: Defense Tyler Runge Business Litigation Brian Shaw Read the full story...
Reprinted courtesy of Payne & Fears

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Contracting Chaos? How Mid-America v. US Department of Transportation is Upending DBE Certifications

December 02, 2025 — Andrew G. Vicknair - The Dispute Resolver
Since the early 1980s, Disadvantaged Business Enterprise (DBE) programs including the one implemented by the US Department of Transportation (DOT) have been in effect. The DBE program began under Title VI of the Civil Rights Act and has been reauthorized by Congress in various bills over the years. Generally, these DBE programs have required that ten percent of federal highway construction funds be paid to small businesses controlled and owned by “socially and economically disadvantaged individuals.” Certain minority and women owned businesses have been given a presumption of disadvantage to facilitate their participation in federally‑assisted DOT contracting. While any person may qualify as socially and economically disadvantaged regardless of their race or gender, certain racial groups and women are rebuttably presumed to be disadvantaged. All other applicants seeking DBE status who are not presumed disadvantaged on the basis of their racial or female status must prove, by a preponderance of the evidence, that they are socially and economically disadvantaged. Many states have enacted similar requirements governing state and local projects. Recently, the presumption of disadvantaged status has come under attack in Mid‑America Milling Company v. U.S. Department of Transportation[i] pending in the U.S. District Court for the Eastern District of Kentucky. The results of Mid-America represents a drastic change to the DOT’s DBE program for federal DOT contracting. Read the full story...
Reprinted courtesy of Andrew G. Vicknair, D'Arcy Vicknair, LLC
Mr. Vicknair may be contacted at agv@darcyvicknair.com

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PSA: Be Sure to Document (Even When Time is Short)

April 14, 2026 — Christopher G. Hill - Construction Law Musings
Written change orders are a big deal. Almost all construction contracts (at least the well drafted ones) require written contracts. Written change orders are even important enough that Virginia law requires these provisions in residential construction contracts. Why are they so important? Because they are a “mini-contract” of sorts. They set the expectations, price, time, and work to be performed; work that was not included in the original price or scope for the project. Without this in writing, there will be no record of what the parties agreed to do. Does this sound familiar? Sound like its own contract? It should. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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When Rule 702 Motions Fail: A Close Look at AECOM v. Flatiron

February 02, 2026 — Olivia Barden - Colorado Construction Litigation Blog
In AECOM Tech. Servs., Inc. v. Flatiron | AECOM, LLC, 2024 WL 22640 (D. Colo. 2024), the United States District Court for the District of Colorado addressed when expert testimony is not subject to be limited or excluded pursuant to Federal Rule of Evidence 702. Background In 2015, AECOM Technical Services, Inc. (“AECOM”) and Flatiron | AECOM, LLC (“Flatiron”) entered into an agreement, in which they agreed to work together to assemble a design/build team for the purposes of submitting a proposal to the Colorado Department of Transportation’s (“CDOT”) construction project known as C-470 Tolled Express Lanes Segment 1 Design-Build Project (the “Project”). AECOM provided the design and engineering services, and Flatiron submitted the proposal to CDOT. On or about June 16, 2016, CDOT awarded Flatiron the Project. Flatiron later claimed that AECOM’s design failed to follow basic engineering and project requirements. Read the full story...
Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC

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EPA and Army Corps Propose Revised Definition of “Waters of the United States”

December 30, 2025 — Ashleigh Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law Blog
For decades, the phrase “waters of the United States” (WOTUS) has dictated whether a wetland, stream, or pond falls within federal jurisdiction under the Clean Water Act (CWA). Two years and a change in administration later, EPA and the U.S. Army Corps of Engineers have returned with a new proposal aimed at aligning the rulebook with the Supreme Court’s 2023 decision in Sackett v. EPA and restoring a degree of predictability to one of the most litigated terms in environmental law. According to EPA Administrator Lee Zeldin and Assistant Secretary of the Army for Civil Works Adam Telle, the proposal represents a “faithful” implementation of Sackett, one that narrows federal reach to waters that are relatively permanent and wetlands that are indistinguishably connected to them. The agencies call it a step toward clarity and economic growth; others will undoubtedly call it a new chapter in an ongoing jurisdictional saga. Reprinted courtesy of Ashleigh Myers, Pillsbury and Jillian Marullo, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Read the full story...

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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

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Call Me Maybe: California’s Fair Claims Settlement Practices Regulations

November 04, 2025 — Garret Murai - California Construction Law Blog
It’s not uncommon in construction claims for there to be Insurance and bond issues, whether it’s tendering a claim to your insurer, or claims against a license, payment, or performance bond. Insurance Code section 790.03 sets forth sixteen (16) unfair claims settlement practices by insurers and sureties including:

1. Misrepresenting to claimants pertinent facts or insurance policy provisions relating to any coverages at issue.
2. Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies.
3. Failing to adopt and implement reasonable standards for the prompt investigation and processing of claims arising under insurance policies.

Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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So You Want to Build a Safety Plan

November 18, 2025 — Construction Executive
As unique and nuanced as each construction project, so are the safety needs of each company handling the project. To learn how to tailor a safety program to your company’s needs, Construction Executive sat down with Tony Foster, senior EHS director at Skanska. From how-tos on getting started, creating buy-in and keeping up to date on OSHA standards, to taking advantage of the latest safety technology, here is his insider knowledge: What type of safety program is best for which kinds of businesses? (i.e. small vs. large firm; regional vs. national; architect and design vs. manufacturer; general contractor vs. subcontractor; etc.) The approach to safety shouldn’t change by project, no matter how big or small. The most important task is the project, but also making the people who are working on the project feel like they are a part of the program and can ask questions about any concerns that they have. There needs to be visibility of leaders on the project, and an open line of communication when it comes to safety on the worksite. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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