ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Differing Site Conditions Claim Requires a Misrepresentation

May 14, 2026 — David Adelstein - Florida Construction Legal Updates
If you are entertaining a differing site conditions claim, consider this Third District Court of Appeals case from the mid-90s. In Hendry Corp. v. Metropolitan Dade County, 648 So.2d 140 (Fla. 3d DCA 1995), a contractor was hired by Dade County to demolish the old Rickenbacker Causeway in Miami. The original 1941 plans of the causeway were made available to contractors. The lowest bidding contractor that was awarded the project based its bid “on its conclusion that the pilings supporting the old bridge were made of concrete.” Hendry, supra at 141. The contractor based this conclusion on the original plans, its visual observation, and experience. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Ninth Circuit Holds That Policies Covering Environmental Claims Do Not Have Aggregate Limits

May 12, 2026 — Lorelie S. Masters & Joseph T. Niczky - Hunton Insurance Recovery Blog
In the case of County of San Bernardino v. Insurance Company of the State of Pennsylvania, the Ninth Circuit recently addressed the issue of whether general liability policies issued in the 1960s and 1970s included aggregate limits for claims arising under the premises-operations coverage in CGL policies. The difference between the policyholder’s interpretation of the policies’ limits clauses and the insurer’s interpretation was worth hundreds of millions of dollars in exposure for the insurer. The Court closely examined the policy language and extrinsic evidence from both the insurance industry’s drafting history and the parties before concluding that the policies were ambiguous. The Court construed that ambiguity in favor of the policyholder and ruled that aggregate limits did not apply to the claims at issue. The Court’s decision underscores the importance of carefully examining a policy’s limits, especially for older policies written before 1986 when the insurance industry revised the standard-form CGL policy to state the aggregate limits apply not only to products liability claims but to premises-operations claims as well. Decades of insurance industry drafting history confirms, as the policyholder’s submissions in this case indicate, that the industry well understood that operations claims like the environmental waste-disposal claims at issue here typically were not subject to aggregate limits. Reprinted courtesy of Lorelie S. Masters, Hunton Andrews Kurth LLP and Joseph T. Niczky, Hunton Andrews Kurth LLP Ms. Masters may be contacted at lmasters@hunton.com Mr. Niczky may be contacted at jniczky@hunton.com Read the full story...

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One Industry, One Goal: Construction Safety Week 2026

May 05, 2026 — Maggie Murphy - Construction Executive
Construction safety has long been a top priority across the industry. Yet fatality rates have remained stubbornly flat for more than a decade. Steven Carter, global health and safety director at Gilbane chair company for Construction Safety Week 2026—believes the industry has reached a pivotal moment. This year’s theme—”All In Together: Recognize. Respond. Respect.”—is a unified call to action for owners, designers, contractors and craft professionals around a shared, risk-based approach to preventing serious injuries and fatalities. In a recent interview with Construction Executive, Carter discusses why the industry must move beyond incremental improvements, how technology and AI can support better planning and what it will take to create a true culture of psychological safety on jobsites. Reprinted courtesy of Maggie Murphy, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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GRSM Secures Illinois Appellate Victory for Architectural Firm in Implied Warranty Dispute

May 14, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani Partner Jonathan Federman, Partner Thomas Cronin, and Senior Counsel Garrett Lee recently secured a victory in the Illinois Appellate Court, Fifth District, on behalf of the firm’s client, an architectural firm, in a liability dispute. The case arose following an entity’s purchase of a 111-unit building for use as an investment or rental property. The plaintiff made claims against the architect of the building, alleging that there were design defects that breached an implied warranty, as well as a negligence claim. GRSM argued that an architect could not be liable for implied warranties, particularly for an implied warranty which no Illinois court has ever recognized. GRSM further argued that Illinois law bars an architect from liability for negligence arising from a duty pursuant to contract under the economic loss doctrine. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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We Won’t Permit That Excuse!

June 23, 2026 — Curt Martin & Richard Eiszner - ConsensusDocs
A Texas appellate court recently ruled that a building permit wasn’t a condition precedent for a construction project. That caught our attention. Can you build a commercial project without a permit? But as we read the case, we see the court’s reasoning. And it reminds us of an important legal principle that should inform our contract drafting and negotiation. The case was a civil suit brought by the project owner against its tenant improvement contractor for work on a medical spa. The owner claimed that the contractor didn’t perform the work properly and didn’t finish construction. The contractor argued that delays and problems were caused by the owner, alleging numerous failures, including the owner’s failure to secure a building permit. Reprinted courtesy of Curt Martin, Peckar & Abramson, P.C. and Richard Eiszner, Peckar & Abramson, P.C. Mr. Martin may be contacted at cmartin@pecklaw.com Mr. Eiszner may be contacted at reiszner@pecklaw.com Read the full story...

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AI Can Now Train the Soft Skills Construction Ignored

August 03, 2026 — Aarni Heiskanen - AEC Business
Most AEC professionals learn to work in teams and across teams through trial and error. There are, however, opportunities to better prepare for the real world with formal training. Until now, it has required human facilitators. Now, generative AI is emerging as a scalable alternative, which I’m also exploring. A Gap in Curricula When I studied architecture, most of the teamwork happened with co-students in the same department. However, one course focused on industrial projects where future architects and engineers collaborated on a simulated project. I’m not sure if a similar course is still in the curriculum, but it was certainly worthwhile and should have been much more extensive. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

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Ahlers Cressman & Sleight named one of the Top 50 Construction Law Firms

August 11, 2026 — Ahlers Cressman & Sleight PLLC
Ahlers Cressman & Sleight PLLC is pleased to announce its fifth consecutive year of recognition by Construction Executive as one of The Top 50 Construction Law Firms. Since its first publication in 2003, Construction Executive magazine has served as the leading source for news, market developments, and business issues impacting the construction industry. Construction Executive established the rankings by asking over 600 U.S. construction law firms to complete a survey. Constructive Executive’s data collection includes: 2025 revenues from the firm’s construction practice; the number of attorneys in the firm’s construction practice; the percentage of the firm’s total revenues derived from its construction practice; the number of states in which the firm is licensed to practice; the year in which the construction practice was established; and the number of construction industry clients served during the fiscal year 2025. Read the full story...
Rep
Judicial Panel Denies Nationwide Consolidation of COVID-19 Business Interruption Cases

One More Mechanic’s Lien Number- the Number 30

Get Smarter About Electric Construction Equipment

Two Texas Cities Top San Francisco for Property Investors

Negligent Inspection Claim Against Supervising Design Professional / Consultant

Manhattan Condo Lists for Record $150 Million

Waive Your Claim Goodbye: Louisiana Court Holds That AIA Subrogation Waiver Did Not Violate Anti-Indemnification Statute and Applied to Subcontractors

Caveat Emptor (“Buyer Beware!”) Exceptions

Third Circuit Affirms Use of Eminent Domain by Natural Gas Pipeline

Prior Occurrence Exclusion Bars Coverage for Construction Defects

Flow-Down Clauses Can Drown Your Project

CA Supreme Court Permits Insurers to Bring Direct Actions Seeking Reimbursement of Excessive Fees Against Cumis Counsel Under Limited Circumstances

Randy Okland Honored as 2019 Intermountain Legacy Award Winner

Yet ANOTHER Reason not to Contract without a License

Be Mindful Accepting Payment When Amounts Owed Are In Dispute

Struggling Astaldi Announces Defaults on Florida Highway Contracts

Economic Loss Not Property Damage

Kahana Feld Texas Team Obtains a Summary Judgment Motion

Supreme Court Finds Insurance Coverage for Intentional (and Despicable) Act of Contractor’s Employee

Be Careful When Walking Off of a Construction Project

Insurance Litigation Roundup: “Post No Bills!”

PATH Station Designed by Architect Known for Beautiful Structures, Defects, and Cost Overruns

EPA Expands Energy Star, Adds Indoor airPLUS

How a $1,400 Humanoid Hints at Construction’s Robotic Future

EPA Rejects Most of N.Y.’s $511 Million Tappan Zee Loan

Vietnam Expands Arrests in Coffee Region Property Probe

California Assembly Passes Expedited Dam Safety for Silicon Valley Act

Heathrow Tempts Runway Opponents With $1,200 Christmas Sweetener

Florida Lien Law and Substantial Compliance vs. Strict Compliance

Fourth Circuit Rejects Application of Wrap-Up Exclusion to Additional Insured

New York: The "Loss Transfer" Opportunity to Recover Otherwise Non-Recoverable First-Party Benefits

Haight’s Kristian Moriarty Selected for Super Lawyers’ 2021 Southern California Rising Stars

ABC Safety Report: Construction Companies Can Be Nearly 6 Times Safer Than the Industry Average Through Best Practices

Update: Where Did That Punch List Term Come From Anyway?

He Turned Wall Street Offices Into Homes. Now He Vows to Remake New York

NIST Florida Condo Collapse Probe Develops Dozens of Hypotheses

Engineering Report Finds More Investigation Needed of Balconies at New Jersey Condo

Real Estate & Construction News Roundup (2/19/25) – An Embrace of AI, A Squeeze on Construction and a Jump in Mortgage Refinance Demand

Plehat Brings Natural Environments into Design Tools

Two Things to Consider Before Making Warranty Repairs

Run Spot...Run!

Alarm Cries Wolf in California Case Involving Privette Doctrine

What You Need to Know About Home Improvement Contracts

Florida Property Bill Passes Economic Affairs Committee with Amendments

Colorado Supreme Court Decision Could Tarnish Appraisal Process for Policyholders

Landmark Contractor Licensing Case Limits Disgorgement Remedy in California

Feds Withdraw $4.9B Conditional Loan Guarantee for Grain Belt Express Power Line

Construction Litigation Roundup: “Who Needs Them”

There's No Place Like Home

Texas School System Goes to Court over Construction Defect

Bremer Whyte’s Newport Beach Team Prevails on a Motion for Summary Judgment in a Wrongful Death Case!

Federal District Court Addresses Anti-concurrent Cause Language in Property Policy

New York's New Gateway: The Overhaul of John F. Kennedy International Airport

Heavy Rains Cause Flooding, Mudslides in Japan

Fifth Circuit Asks Texas Supreme Court to Clarify Construction Defect Decision

The Indemnification Limitation in Section 725.06 does not apply to Utility Horizontal-Type Projects

Court Finds No Coverage for Workplace “Prank” With Nail Gun

Bad Welds Doom Art Installation at Central Park

Los Angeles Delays ‘Mansion Tax’ Spending Amid Legal Fight

PAGA Right of Action Not Applicable to Construction Workers Under Collective Bargaining Agreement

Trump Administration Announces New Eviction Moratorium

9 Positive Housing Statistics by Builder

Insurance and Your Roof

Miller Wagers Gundlach’s Bearish Housing Position Loses

Wyoming Supreme Court Picks a Side After Reviewing the Sutton Rule

Utah Becomes First State to Enact the Uniform Commercial Real Estate Receivership Act