ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Groundbreaking New York Law Regulates Third-Party Litigation Funding for the First Time

February 02, 2026 — Nicholas P. Hurzeler - Lewis Brisbois
On December 19, 2025, New York Governor Kathy Hochul signed the Consumer Litigation Funding Act (A804-C/S1104A) into law. The new statute takes aim at abusive third-party litigation funding practices statewide. For years, the unregulated "lawsuit loan" industry has acted as a silent inflator of claim values, forcing plaintiffs to reject reasonable settlement offers in order to pay back exorbitant interest. The new regulatory framework, effective June 17, 2026, introduces caps and transparency measures that may help stabilize settlement negotiations and curb artificially inflated demands. The law does not apply to contracts made before its effective date. Below are some of its most important provisions. Read the full story...
Reprinted courtesy of Nicholas P. Hurzeler, Lewis Brisbois
Mr. Hurzeler may be contacted at Nicholas.Hurzeler@lewisbrisbois.com

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New York Amends Prompt Payment Act: Retainage Above 5% in Private Construction Contracts Now Void

February 10, 2026 — Mark A. Snyder, Levi W. Barrett, Patrick T. Murray & Skyler L. Santomartino - Peckar & Abramson, P.C.
In 2023 New York overhauled its Prompt Payment Act. The 2023 amendments, largely aimed at restricting the amount of retainage that can be withheld on private projects, were unclear about whether parties could contract around the statute, as they can with other provisions of the statute. The State Legislature recently clarified that issue. On December 19, 2025, New York enacted a new law, tightening the State’s Prompt Payment Act retainage laws by amending the Prompt Payment Act under General Business Law § 757. Under § 757, the new law renders void any contract provision in private construction contracts that requires retainage in excess of 5% of the total contract sum, meaning owners cannot hold more than 5% from their prime contractors and prime contractors cannot hold more than 5% from their subcontractors. Reprinted courtesy of Mark A. Snyder, Peckar & Abramson, P.C., Levi W. Barrett, Peckar & Abramson, P.C., Patrick T. Murray, Peckar & Abramson, P.C. and Skyler L. Santomartino, Peckar & Abramson, P.C. Mr. Snyder may be contacted at msnyder@pecklaw.com Mr. Barrett may be contacted at lbarrett@pecklaw.com Mr. Murray may be contacted at pmurray@pecklaw.com Mr. Santomartino may be contacted at ssantomartino@pecklaw.com Read the full story...

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GRSM Attorneys Named Finalists in 2026 Women, Influence & Power in Law Awards

March 10, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani attorneys have been shortlisted as finalists for Corporate Counsel’s 2026 Women, Influence & Power in Law (WIPL) Awards, which honor women leaders who have demonstrated a commitment to advancing the empowerment of women in the legal profession. In the Law Firm Internal Collaborative Leadership category, Stephanie Jones was recognized for her exceptional ability to foster collaboration, mentor talent, and align colleagues across GRSM. Jones has consistently demonstrated leadership rooted in trust, inclusion, and shared purpose, qualities that have strengthened the firm during a period of extraordinary growth. Her impact on the firm’s culture and success will continue as she steps into her role as Chief Operating Partner in June 2026, where she will further build on her leadership in fostering teamwork, mentorship, and alignment across the firm’s national platform. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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Agent Not Liable for Loss Given Insured’s Vague Instructions for Coverage

April 08, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Illinois Appellate Court affirmed the district court’s grant of summary judgment to the insured’s agent because there was no breach of duty. Jon Van Order v. Hauk, et al., 2025 Ill. App. Unpub. LEXIS 2378 (Ill. Ct. App. Dec. 23, 2025). The insured began renovating a vacant home in October 2018. He met with agent Joseph Hauk and explained the property was vacant and would be going through renovations for the next several months. Hauk then procured a policy through Shelter Insurance Company insuring the vacant property against several specified perils. The policy provided coverage for water damage if “[t]he exterior of the building sustained a covered loss” and “that loss created an opening through which the water entered.” Damage caused by escaping water from within a plumbing system was excluded if: (1) the damage was caused by a “continuous or repeated leakage over a period of fourteen days or more” or (2) the insured premises had been vacant for 30 consecutive days immediately preceding the loss. 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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Only A Contractor Can Appeal a Contracting Officer’s Final Decision

April 20, 2026 — David Adelstein - Florida Construction Legal Updates
A recent decision from the Civilian Board of Contract Appeals confirms that “only a ‘contractor’ may file an appeal of a contracting officer’s final decision.” Wattiker v. General Services Administration, 2026 WL 846001 (CBCA 2026) (citation omitted). The term “contractor is not an ambiguous term. A ‘contractor’ refers to a party to a federal government contract. Wattiker (citing the Contract Disputes Act). This is why the Contract Disputes Act does not apply to parties that are NOT in contract with the federal government. Id. In Wattiker, an appellant (appealing party) challenged the dismissal of a co-appellant. The co-appellant was dismissed because he was not a contractor, i.e., a party in contract with the federal government. In other words, the co-appellant had no privity of contract with the federal government. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Surety Liability Is Coextensive with Its Bond Principal

April 14, 2026 — David Adelstein - Florida Construction Legal Updates
A recent Miller act payment bond case, U.S. f/u/b/o Whitetail General Constructors v. Northcon, Inc., 2026 WL 46671 (D.Mont. 2026), contains a short noteworthy discussion as to a surety’s liability being coextensive with that of its bond principal. If you are bonded, or you are pursuing a bond, you need to appreciate this, which is why this is a noteworthy discussion:

A “surety’s liability on a Miller Act bond must be at least coextensive with the obligations imposed by the Act if the bond is to have its intended effect.” “Therefore, ‘the liability of a surety and its principal on a Miller Act payment bond is coextensive with the contractual liability of the principal only to the extent that it is consistent with the rights and obligations created under the Miller Act.’” In other words, “[w]here a subcontract’s terms are consistent with the Miller Act’s provisions, the surety’s liability on the Miller Act bond is coextensive with the contractual liability of its princip[al].”

“The liability of a surety under the Miller Act is controlled by federal law, rather than state contract law[.]” The court may, however, “look to state law when interpreting contractual provisions” in a Miller Act case.

“[T]he measure of recovery under the Miller Act is generally determined by the terms of the subcontract [or underlying contract].”

Northcon, supra, at *4-5 (internal citations omitted).

Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Leaders in Dispute Resolution Need to Make Unbiased Decisions for Mediation to Succeed

March 31, 2026 — Rick G. Erickson - Snell & Wilmer
As a mediator helping to settle construction disputes and as an arbitrator deciding outcomes of these disputes, I found certain lessons to be especially helpful after graduating last summer from the Executive Education program at Harvard Kennedy School (HKS). The exceptional HKS curriculum included courses focused on negotiation strategies for multiparty disputes, decisive leadership during crisis, and human behavior affecting dispute resolution. In particular, our HKS class debated the impact of cognitive bias in dispute resolution, and we studied a central theme that decision-making is universally scientific. That is, parties making decisions in dispute resolution exhibit and rely upon empirical factors that good mediators and decision makers should appreciate and understand. Bias, for example, can cause key players to discount persuasive witnesses, admissible evidence, and reliable expert opinions that influence the outcome of a construction dispute. Biased decision makers may also choose to withhold key information from the mediator, as though doing so will help rather than hurt what is supposed to be an objective and diplomatic process. Read the full story...
Reprinted courtesy of Rick G. Erickson, Snell & Wilmer
Mr. Erickson may be contacted at rerickson@swlaw.com

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Don’t Forget to Mediate the Small Stuff

Ahead of the Storm: Preparing for Irma

Can a Home Builder Disclaim Implied Warranties of Workmanship and Habitability?

Homebuilding Held Back by Lack of Skilled Workers

Court of Appeals Discusses Implied Duty of Good Faith and Fair Dealing in Public Works Contracting

Millennials Want Houses, Just Like Everybody Else

Design Immunity Defense Gets Special Treatment on Summary Judgment

Construction Contract’s Scope of Work Should Be Written With Clarity

Insurance Firm Defends against $22 Million Claim

Court Sharpens The “Sword” And Strengthens The “Shield” Of Contractors’ License Law

The California Le
Court Ends Trump Shutdown of NY's $5B Empire Wind, Second Offshore Project Revived

Meet the Forum's ADR Neutrals: TOM NOCAR

One Word Makes All The Difference – The Distinction Between “Pay If Paid” and “Pay When Paid” Clauses

Sales of New U.S. Homes Fell in February to Five-Month Low

Minnesota Addresses How Its Construction Statute of Repose Applies to Condominiums

Design Professionals Owe a Duty of Care to Homeowners

Congratulations to Nicole Whyte, Keith Bremer, John Toohey, and Tyler Offenhauser for Being Recognized as 2022 Super Lawyers!

The Evolution of Construction Defect Trends at West Coast Casualty Seminar

Excess Must Defend After Primary Improperly Refuses to Do So

Whose Lease Is It Anyway: Physical Occupancy Not Required in Landlord-Tenant Dispute

Quick Note: Expert Testimony – Back to the Frye Test in Florida

ASBCA Validates New Type of Claim Related to Unfavorable CPARS Review [i]

Louisiana Court Applies Manifestation Trigger to Affirm Denial of Coverage

New Homes in Palo Alto to Be Electric-Car Ready

Brookfield to Start Manhattan Tower After Signing Skadden

Governor Signs AB5 Into Law — Reshaping California's Independent Contractor Classification Landscape

Transition Study a Condo Board’s First Defense against Construction Defects

Sanctions Award Against Pro Se Plaintiff Upheld

Executive Insights 2025: Leaders in Construction Law

Women Make Their Mark on Construction Leadership

Finalists in San Diego’s Moving Parklet Design Competition Announced

Attempt to Overrule Trial Court's Order to Produce Underwriting Manual Fails

West Coast Casualty’s Construction Defect Seminar Returns to Anaheim May 15th & 16th

Overview of New Mexico Construction Law

Time to Negotiate Limitation on Remedies and Damages Is on the Front End

DIR Public Works Registration System Down, Public Works Contractors Not to be Penalized

Construction Warranties: Have You Seen Me Lately?

Reminder: Quantum Meruit and Breach of Construction Contract Don’t Mix

Coverage Established for Property Damage Caused by Added Product

Background Owner of Property Cannot Be Compelled to Arbitrate Construction Defects

Remote Trials Can Control Prejudgment Risk

Wisconsin Federal Court Addresses Scope Of Appraisal Provision In Rental Dwelling Policy

Coverage Confusion: When Your Insurance Broker Gets It Wrong

How Algorithmic Design Improves Collaboration in Building Design

Recent Statutory Changes Cap Retainage on Applicable Construction Projects

The Investors Profiting Off Water Scarcity

Safety, Technology Combine to Change the Construction Conversation

Cracked Girders Trigger Scrutiny of Salesforce Transit Center's Entire Structure

The California Legislature Passes SB 496 Limiting Design Professional Defense and Indemnity Obligations

2019 Legislative Changes Affecting the Construction Industry

Is Performance Bond Liable for Delay Damages?

Top 10 Take-Aways from the 2025 Annual Meeting in Austin

When Employer’s Liability Coverage May Be Limited in New York

GOP, States, Industry Challenge EPA Project Water Impact Rule

Real Estate & Construction News Roundup (7/31/24) – International Homebuying Shrinks Commercial Real Estate Focus on Sustainability, and U.S. Banks Boost Provisions for Credit Losses

White House Seeks $310M To Fix Critical San Diego Wastewater Plant

With Trump's Tariff Talk, Time to Negotiate for Escalation Clauses in Construction Contracts

Top 10 Insurance Cases of 2020

Breaking The Ice: A Policyholder's Guide to Insurance Coverage for Texas Winter Storm Uri Claims

Ohio Court of Appeals: Absolute Pollution Exclusion Bars Coverage For Workplace Coal-Tar Pitch Exposure Claims