ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

The Deadline to File Suit on a Public Works Payment Payment Bond is Triggered by a Claimant’s Work on a Project Not by a Claimant’s Work Under a Contract

June 02, 2026 — Garret D. Murai - California Construction Law Blog
California law requires that prime contractors furnish a payment bond – providing for payment to lower-tiered subcontractors and suppliers – on state and local public works projects with a value in excess of $25,000. There are three conditions that must be satisfied when a claimant makes a claim against a payment bond on a public works project in California:

1. First, generally, the claimant must have served a preliminary notice, unless the claimant is a first-tier subcontractor or supplier;
2. The claimant must have “ceased to provide work” on the project; and
3. The claimant must file suit against the payment bond no later than six (6) months after the period in which a stop payment notice must be given or, in other words, the earlier of 270 days after completion of the public works project or 210 days after a notice of completion or cessation was recorded on a public works project.

In Tarlton & Sons, Inc. v. Great American Insurance Company, 111 Cal.App.5th 376 (2025), the 2nd District Court of Appeal examined whether a subcontractor timely filed a claim against a payment bond when a prime contractor was terminated and replaced by another prime contractor who the subcontractor continued to perform work for. Read the full story...
Reprinted courtesy of Garret D. Murai, Nomos LLP
Mr. Murai may be contacted at Fraud Allegations Stymie Additional Insured’s Request for a DefenseMay 14, 2026 &mda

Emerging Issues in Construction CGL Insurance Part 2: The Separation of Insureds and Additional Insured Interests

September 29, 2026 — Eric M. Clarkson - SDV Fenchurch
Many coverage disputes hinge on first principles—the fundamentals of insurance —rather than the minutiae. Unfortunately, the basic anatomy of insurance policies can get lost sometimes when parties are laser-focused on a particular term or set of circumstances. This is true not just in disputes, but also when writing coverage. One of the fundamentals that is commonly misunderstood and overlooked—but which is absolutely critical to the intended operation of insurance coverage—is what is commonly known as the “separation of insureds.” The “separation of insureds” is the concept that each “insured” under a policy are referred to and treated differently, and most of all that the distinctions matter. The concept is usually included as a condition in the policy. It embodies the requirement that the policy applies to each insured distinctly from how it applies to other insureds. The ISO Form CGL policies specifically state that they apply “[s]eparately to each insured against whom a claim is made or ‘suit’ is brought.” The separate and distinct treatment of insureds is more critical in construction operations than anywhere else. This distinction is essential to ensure coverage works as intended, especially when contracted operations are involved, because the policy must insure the subcontractor that purchased the policy, the general contractor who hired the subcontractor, and the owner that hired the general contractor. Even small modifications can easily frustrate the intent of the parties. Read the full story...
Reprinted courtesy of Eric M. Clarkson, SDV Fenchurch
Mr. Clarkson may be contacted at eric.clarkson@sdvfenchurch.us

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Could Your Project-Level AI Prompt Become the Other Side’s Smoking Gun?

October 20, 2026 — Ryan Glass - ConsensusDocs
A dispute is brewing on the project. Wanting a quick assessment, the project manager opens ChatGPT, Claude, or another generative artificial intelligence (“AI”) platform. The project manager types the dispute background into the prompt, including concerns, explanations, and a frank discussion of what may have gone wrong on the contractor-side. The AI response identifies potential weaknesses in the contractor’s position, including possible failures to meet contractual obligations. Unhappy with the answer, the project manager starts a new chat, revises the prompt, and tries again. If the dispute escalates to arbitration or litigation, can the owner force the contractor to provide these prompts and the resulting responses? Frustratingly, the answer is: it depends. Courts have reached different conclusions. For now, the safest course is to involve your counsel before using AI to evaluate a demand letter, default notice, or threatened lawsuit, or before using AI to draft dispute-related emails, claim letters, or other communications that contain project-specific facts. Otherwise, what feels like a private conversation may later become key evidence for the opposing party. Nevada’s Mandatory Nonbinding Arbitration Law for Civil Cases is Going Through ChangesMay 14, 2026 — Brandon Wright & Manuel Gurule - Lewis Brisbois
Nevada currently operates an expedited litigation program designed to resolve civil disputes with a value up to $50,000 without incurring the “usual” expense of litigating these disputes. Over ti

Federal Court Highlights the Strategic Value of Additional Insured Coverage

June 22, 2026 — Michael S. Levine - Hunton Insurance Recovery Blog
A recent decision from the District of Maryland underscores a recurring—but often underutilized—opportunity for policyholders: securing and enforcing additional insured coverage under another party’s liability policy. In Charter Oak Fire Insurance Co. v. Builders Premier Insurance Co., the court held that an equipment lessor qualified as an additional insured under the lessee’s policy and was entitled to a primary defense. The decision is a useful reminder that additional insured coverage can fundamentally shift defense obligations and materially reduce a policyholder’s exposure. We build on the decision to highlight the practical steps policyholders should take to ensure that all potentially available insurance is identified and pursued. Read the full story...
Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth LLP
Mr. Levine may be contacted at mlevine@hunton.com

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Fraud Allegations Stymie Additional Insured’s Request for a Defense

May 14, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Federal District Court granted the insurer’s motion to dismiss the insured’s complaint seeking a defense of the underlying case alleging fraud. Renovation Realty, Inc. v. Colony Ins. Co., 2026 U.S. Dist. LEXIS 21409 (S.D. Cal. Jan. 30, 2026). Mara Fortin sued Renovation Realty and others (“Fortin litigation”) from the fraudulent sale of a residence. The underlying complaint alleged Renovation “deliberately misrepresented of the residence as ‘completely remodeled’ and ‘meticulously maintained’.” The defendants, however, including Renovation, “knew from sources including a pre-renovation termite report documenting fungus and dry rot . . . that the Property harbored pre-existing material defects.” 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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Achieving Sustainability Through Design-Build Delivery: Part I – An Overview

September 21, 2026 — Joshua M. Pruett, Jennifer L. Harris & Tiffany A. Harrod - Peckar & Abramson, P.C.
This article was written for the AGC’s Law in Brief and first appeared here. Sustainability is no longer optional. What was once a matter of public policy or corporate preference has become a regulatory mandate and is reshaping how construction projects are designed, built, and operated. This mandate is not solely figurative. Rather, states have started to follow Europe’s lead by beginning to codify sustainability requirements into regulations and law. California led the charge by adding mandatory embodied-carbon emissions regulations into CALGreen, and other states, such as New York, have introduced bills to implement similar requirements. Owners, designers, and builders must now treat sustainability not as aspirational, but as a clearly defined contract issue from the outset, particularly where the project is expected to achieve a third-party rating, meet energy or resiliency targets, qualify for incentives, or comply with evolving green building codes. In the federal public sector, construction contracts include a layered compliance framework—executive order-inspired policy, FAR-mandated clauses, and enduring statutory requirements—requiring contractors to integrate sustainability into design, material selection, and lifecycle management. Staying ahead means aligning with regulatory standards, conducting life-cycle cost analyses, and embedding sustainability into every procurement and construction decision. Reprinted courtesy of Joshua M. Pruett, Peckar & Abramson, P.C., Jennifer L. Harris, Peckar & Abramson, P.C. and Tiffany A. Harrod, Peckar & Abramson, P.C. Mr. Pruett may be contacted at jpruett@pecklaw.com Ms. Harris may be contacted at jharris@pecklaw.com Ms. Harrod may be contacted at tharrod@pecklaw.com Read the full story...

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Snell & Wilmer’s San Diego Office Ranked #1 “Best Place to Work” by the San Diego Business Journal

September 01, 2026 — Snell & Wilmer
SAN DIEGO – Snell & Wilmer is proud to announce that its San Diego office has been named the #1 Best Place to Work in the Large Business category by the San Diego Business Journal as part of its 2026 Best Places to Work awards. The annual recognition honors outstanding employers across the San Diego region that are setting the standard for workplace culture and employee engagement. Rankings are based on confidential employee surveys conducted by Workforce Research Group, which evaluate organizations on leadership, corporate culture, communication, employee engagement, and other key workplace factors. “Being recognized as the #1 Best Place to Work in the Large Business category is an incredible honor because it reflects the experiences and feedback of our own team,” said Bardia Moayedi, managing partner of Snell & Wilmer’s San Diego office. “Our people are the foundation of everything we do, and this recognition speaks to the collaborative, inclusive, and supportive culture they have helped create. I am grateful to every member of our San Diego office for making this an exceptional place to build a career, serve our clients, and give back to our community.” Read the full story...
Reprinted courtesy of Snell & Wilmer

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Second Circuit Revives Policyholder’s Negligence Claim Against Agent

The Architecture of Tomorrow Mimics Nature to Cool the Planet

Even Where Fraud and Contract Mix, Be Careful With Timing

Bailout for an Improperly Drafted Indemnification Provision

Motions to Dismiss, Limitations of Liability, and More

Court Holds That Public Entity Can Unilaterally Replace Subcontractor Under California’s Subletting and Subcontracting Fair Practices Act

The Independent Tort Doctrine (And Its Importance)

The Hidden Dangers of Construction Defect Litigation

Arbitration: For Whom the Statute of Limitations Does Not Toll in Pennsylvania

That Boilerplate Language May Just Land You in Hot Water

The Evolution of Construction Defect Trends at West Coast Casualty Seminar

Do You Really Want Mandatory Arbitration in Your Construction Contract?

SE 2050 Is In Quixotic Pursuit of Eliminating Embodied Carbon in Building Structures

Subcontractors Eye 2022 with Guarded Optimism

Balancing Tradition and Technology in Bringing AI to AEC

U.S. Home Prices Rose More Than Estimated in February

St Louis County Approves Settlement in Wrongful Death Suit

The AI Knows Too Much: When Employees Feed Trade Secrets into Generative AI Tools

Application Of Two Construction Contract Provisions: No-Damages-For-Delay And Liquidated Damages

Court Confirms No Duty to Reimburse for Prophylactic Repairs Prior to Actual Collapse

Manhattan to Get Tall, Skinny Tower

Norristown, PA to Stop Paying Repair Costs for Defect-Ridden Condo

Contracts and Fraud Don’t Mix (Even for Lawyers!)

The Ghosts of Baha Mar: How a $3.5 Billion Paradise Went Bust

The Fourth Circuit Applies a Consequential Damages Exclusionary Clause and the Economic Loss Doctrine to Bar Claims by a Subrogating Insurer Seeking to Recover Over $19 Million in Damages

Pentagon Has Big Budget for Construction in Colorado

Care, Custody or Control Exclusion Requires Complete and Exclusive Control by Insured Claiming Coverage

Duty To Defend PFAS MDL Lawsuits: Texas Federal Court Weighs In

Thank You to Virginia Super Lawyers

Undocumented Debris at Mississippi Port Sparks Legal Battle

Quick Note: Remember to Timely Foreclose Lien Against Lien Transfer Bond

John Boyden, Alison Kertis Named “Top Rank Attorneys” by Nevada Business Magazine

Judgment for Insured Upheld After Insurer Rejects Claim for Hurricane Damage

Construction Defect Claims Not Covered

Red Tape Is Holding Up a Greener Future

Protecting Your Business From Liability Claims Stemming From COVID-19 Exposure

Spa High-Rise Residents Frustrated by Construction Defects

Real Estate & Construction News Round-Up (11/03/21)

I’m Sorry, So Sorry: Legal Implications of Apologies and Admissions of Fault for Delaware Healthcare Professionals

Wall Street Is Buying Starter Homes to Quietly Become America’s Landlord

California Supreme Court Allows Claim Under Unfair Competition Statute To Proceed

EPA Seeks Comment on Clean Water Act Section 401 Certification Rule

Thank You for Year 19 of Legal Elite

New California Law Mandates Prompt Resolution of Change Order Payment Disputes on Private Works of Improvement

A Tuesday With Lisa Colon

Miorelli Doctrine’s Sovereign Immunity in Public Construction Contracts — Not the Be-All and End-All

COVID-19 Is Not Direct Physical Loss Or Damage

Design Professionals Owe a Duty of Care to Homeowners

Washington State Supreme Court Issues Landmark Decision on Spearin Doctrine

How Contractors Can Prevent Fraud in Their Workforce
n itemprop="name">White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2017

Good Ole Duty to Defend

Fifth Circuit Certifies Questions to Texas Supreme Court on Concurrent Causation Doctrine

Client Alert: Naming of Known and Unknown Defendants in Initial Complaints: A Cautionary Tale

Arguing Cardinal Change is Different than Proving Cardinal Change

Insurer's Motion for Summary Judgment on Business Interruption Claim Denied

When is a Residential Subcontractor not Subject to the VCPA? Read to Find Out

VinFast Breaks Ground in North Carolina on its Promised $4B EV Plant

Despite Health Concerns, Judge Reaffirms Sentence for Disbarred Las Vegas Attorney

Big Changes and Trends in the Real Estate Industry

Congratulations to Partners Nicole Whyte, Keith Bremer, Peter Brown, Karen Baytosh, and Associate Matthew Cox for Their Inclusion in 2022 Best Lawyers!