ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Substantial Evidence of Flood Loss is Not a Substitute for Required Proof of Loss

April 20, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court found that the insurer properly denied the insured’s claim for loss due to flood because a proof of loss was never submitted. Bay Haven at Coco Bay Condominium Association, Inc. v. Hartford Ins. Co. of the Midwest, 2026 U.S. Dist. LEXIS 6847 (M.D. Fla. Jan. 14, 2026). Bay Haven managed several condo buildings. When Hurricane Ian hit, it caused significant flood damage to these properties. Bay Haven held federal flood insurance policies through Hartford under “Write-Your-Own” policies. This meant Hartford was essentially a fiscal agent that managed policies and handled claims but paid them using federal funds. Following the storm, FEMA extended the usual 60-day deadline for filing a proof of loss to one year, or until September 28, 2023. Bay Haven did not submit its proofs of loss until November 2023. FEMA granted an extension but only for the specific amounts in the November requests. Hartford did not waive the 60-day proof of loss requirement for any other proof of loss. Hartford paid the amounts reflected in the November submissions. 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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Pulling the Plug, Preserving the Product: Protecting Rights to a Modular Subcontractor’s Work Post-Termination

June 08, 2026 — Paul Williamson - ConsensusDocs
Volumetric Modular Construction (VMC) is a building method where a structure is divided into large components or modules, fabricated in an offsite factory and then transported to a construction site for assembly.[1] Proponents of VMC hail it as a cost-efficient alternative to traditional building methods that leads to more consistent quality and shorter construction duration.[2] Due to a growing labor shortage, high demand for compressed project schedules, and stagnant construction productivity rates, the construction industry is embracing VMC.[3] A recent report on the market size of prefabricated construction estimates that from 2026 to 2031, VMC will grow at a compound annual growth rate of 7.16% and become a 413.11-billion-dollar industry.[4] As VMC becomes more prevalent, owners, general contractors, and subcontractors must consider how to effectively contract for modular construction. One important consideration, which this article focuses on, is navigating termination of a modular subcontractor. Read the full story...
Reprinted courtesy of Paul Williamson, Peckar & Abramson, P.C.
Mr. Williamson may be contacted at pwilliamson@pecklaw.com

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Nomos LLP Partner Garret Murai Recognized by Super Lawyers

July 13, 2026 — Garret D. Murai - California Construction Law Blog
Nomos LLP Partner Garret Murai has been recognized as a 2026 Northern California Super Lawyer honoree in the area of Construction Litigation. This is the thirteenth consecutive year he has been recognized by Super Lawyers. Super Lawyers, an annual listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and personal achievement, is limited to no more than five percent (5%) of lawyers in a state who are selected through a multiphase process that includes a statewide survey of lawyers, independent research evaluation and peer reviews by practice area. Read the full story...
Reprinted courtesy of Garret D. Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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Pay-If-Paid: What You Need to Know Before Signing on the Dotted Line

August 03, 2026 — Christian Fernandez & Matthew Racioppo - Snell & Wilmer
Buried deep in the fine print of a subcontract, a pay-if-paid clause may be looming. If you are a subcontractor or supplier, misreading these clauses can put your cash flow at risk. If you are an owner or general contractor, drafting them incorrectly can leave you with obligations you never intended — or unenforceable protections you were counting on. It is more important than ever to understand when pay-if-paid clauses hold up and when they do not, as well as recent litigation and drafting trends. Whether you are negotiating a new agreement, reviewing your standard form contracts, or staring down a payment dispute, understanding how Arizona law treats pay-if-paid clauses is essential. In this article, we break down key considerations, walk through the legal standards Arizona courts apply, and offer practical tips to consider to help you protect your payment rights on the next project. Reprinted courtesy of Christian Fernandez, Snell & Wilmer and Matthew Racioppo, Snell & Wilmer Mr. Fernandez may be contacted at cfernandez@swlaw.com Mr. Racioppo may be contacted at mracioppo@swlaw.com Read the full story...

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Course of Construction Exclusions and the CGL Policy

July 20, 2026 — Anna M. Perry, Rachel S. Kindseth & Nina Catanzaro - Saxe Doernberger & Vita, P.C.
I. Course of Construction Exclusions Course of Construction (“COC”) exclusions are found on General Liability and excess liability policies, typically a wrap-up or project specific policy, and generally exclude “all property damage occurring during the course of construction.” Insurers claim COC exclusions are not problematic because they are intended to prevent an overlap in coverage between the general liability policy and first-party property Builder’s Risk policy. However, because General Liability policies and Builder’s Risk policies provide coverage for different risks, COC exclusions can create a gap in coverage for owners and contractors. Therefore, any exclusion on a wrap-up or project specific policy that limits coverage for property damage liability should be scrutinized, and amendments sought when warranted and commercially achievable, for owners, developers and contractors because General Liability policies do not cover the same risk as that of a Builder’s Risk policy. General liability policies provide defense and indemnity to the insured(s) for claims made by a third-party against the insured. Broad COC exclusions serve to preclude coverage for all property damage, not just property damage to the insured project. This includes property damage to property other than the insured project, e.g. an adjacent property. On the other hand, Builder’s Risk policies provide first-party property coverage for direct physical loss to the project during the course of construction. The Builder’s Risk policy will not provide coverage for property other than the project itself (e.g., adjacent property) and it will not provide a defense or indemnity in the event the owner of the damaged property brings a claim against a potentially at-fault party. Reprinted courtesy of Anna M. Perry, Saxe Doernberger & Vita, P.C., Rachel S. Kindseth, Saxe Doernberger & Vita, P.C. and Nina Catanzaro, Saxe Doernberger & Vita, P.C. Ms. Perry may be contacted at APerry@sdvlaw.com Ms. Kindseth may be contacted at rkindseth@sdvlaw.com Ms. Catanzaro may be contacted at NCatanzaro@sdvlaw.com Read the full story...

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Chambers Global 2026 Recognizes Sheppard Practices and Attorneys

March 03, 2026 — Sheppard
Sheppard has been recognized by Chambers Global 2026 in the following practice areas:

• Privacy & Data Security in the United States
• Projects: Power & Renewables: Transactional in the United States
• Projects: Renewables & Alternative Energy in the United States

Additionally, the following Sheppard partners have been recognized by Chambers Global 2026:

• Justin Boose (Projects: Renewables & Alternative Energy – USA)
• Will Chen (Intellectual Property: International Firms – South Korea)
• David Chun (Intellectual Property – South Korea)

Read the full story...
Reprinted courtesy of Sheppard

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'Drywall Isn't Light': Peter Lupo on Safety Management at Standard Drywall

May 26, 2026 — Elaine Silver - Engineering News-Record
Peter Lupo has been safety director since 2019 at San Diego-based Standard Drywall Inc., a major wall and ceiling contractor. He draws on over two decades of safety experience across
Quick Note: Aim to Avoid a Stay to your Miller Act Payment Bond Claim

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OSHA: What to Expect in 2022

Team Temporarily Stabilizes Delaware River Bridge Crack

Scott Saylin Expands Employment Litigation and Insurance Litigation Team at Payne & Fears

Supreme Court of Oregon Affirms Decision in Abraham v. T. Henry Construction, et al.

Cross-Office Team Secures Litigation Stay and Order of Arbitration on Behalf of Hotel Developer

When to Withhold Retention Payments on Private or Public Projects

The Black Woman Architect Who Hopes to Change the Face of Design in America

Ruling Dealing with Constructive Changes, Constructive Suspension, and the Implied Covenant of Good Faith and Fair Dealing

Cold Stress Safety and Protection

Business Risk Exclusions (j) 5 and (j) 6 Found Ambiguous

Federal Contract Termination For Convenience

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Brenner Base Tunnelers Conquer Peaks and Valleys in the Alps

A Survey of New Texas Environmental Laws

Prime Contractor & Surety’s Recovery of Attorney’s Fees in Miller Act Lawsuit

Wilke Fleury Attorneys Featured in 2021 Best Lawyers in America and Best Lawyers: Ones To Watch!

Evolving Climate Patterns and Extreme Weather Demand New Building Methods

Construction Defects Uncertain Role in Coverage in Pennsylvania

Calling the Shots

Michigan Supreme Court Finds Faulty Subcontractor Work That Damages Insured’s Work Product May Constitute an “Occurrence” Under CGL Policy

Newark Trial Team Defends “No Cause” With Appellate Affirmance Of 2023 Jury Verdict

Stair Collapse Points to Need for Structural Inspections

Discovery Requests in Bad Faith Litigation Considered by Court

Florida Governor Bans Foreign Citizens From Buying Land in Florida

New Executive Order: Revitalizing Our Nation’s Commitment to Environmental Justice for All

Public Contract Code 9204 – A New Mandatory Claims Process for Contractors and Subcontractors – and a Possible Trap for the Unwary

Reminder: You Can’t Make Others Indemnify You for Your Own Actions

Sold Signs Fill Builder Lots as U.S. Confidence Rises: Economy

1st District Joins 2nd District Court of Appeals and Holds that One-Year SOL Applies to Disgorgement Claims

Will On-Site Robotics Become Feasible in Construction?

Eastern District of Pennsylvania Confirms Carrier Owes No Duty to Defend Against Claims for Faulty Workmanship

San Francisco House that Collapsed Not Built to Plan

Reasonable Expectations – Pennsylvania’s Case by Case Approach to the Sutton Rule

The Value of Photographic Evidence in Construction Litigation

Construction Defects Lead to Demolition of Seattle’s 25-story McGuire Apartments Building

Contract Should Have Clear and Definite Terms to Avoid a Patent Ambiguity

Narberth Mayor Urges Dubious Legal Action

Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference

Virginia Chinese Drywall “property damage” caused by an “occurrence” and number of “occurrences”

California to Build ‘Total Disaster City’ for Training

Don’t Put All Your Eggs in the Silent-Cyber Basket

Settlement Ends Construction Defect Lawsuit for School

Blackstone to Buy Chicago’s Willis Tower for $1.3 Billion

Business Interruption Claim Upheld

Injury to Employees Endorsement Eliminates Coverage for Insured Employer

Best Lawyers® Recognizes 49 White and Williams Attorneys

HHMR Joins Forces with HBF at 2025 Blitz Build: Building More Than Just Ramps

Five Steps Employers Should Take In the Second Year Of the COVID-19 Pandemic

CSLB “Fast Facts” for Online Home Improvement Marketplaces

Wisconsin Supreme Court Upholds Asbestos Exclusion in Alleged Failure to Disclose Case

NJ Condo Construction Defect Case Dismissed over Statute of Limitations

Dot I’s and Cross T’s When It Comes to Construction Licensure Requirements

Draft Federal Legislation Reinforces Advice to Promptly Notify Insurers of COVID-19 Losses

Los Angeles Considering Census of Seismically Unstable Buildings

Consider Arbitration Provision in Homebuilder’s Warranty and Purchase-and-Sale Agreement

Canada's Ex-Attorney General Set to Testify About SNC-Lavalin Scandal

New York Appellate Court Holds Insurer’s Failure to Defend Does Not Constitute a “Reasonable Excuse” Required to Overturn Judgment

THE CALIFORNIA SUPREME COURT HAS RULED THAT THE RIGHT TO REPAIR ACT (SB800) IS THE EXCLUSIVE REMEDY FOR CONSTRUCTION DEFECT CLAIMS NOT INVOLVING PERSONAL INJURIES WHETHER OR NOT THE UNDERLYING DEFECTS GAVE RISE TO ANY PROPERTY DAMAGE in McMillin Albany LL

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After Breaching Its Duty to Defend, Insurer Must Pay Market Rates for Defense Counsel