ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Quick Note: Don’t Spoil Evidence!!!!

March 10, 2026 — David Adelstein - Florida Construction Legal Updates
The phrase “spoliation of evidence” is a phrase that gets used, sometimes properly and sometimes improperly. The reason is that if evidence is legitimately spoiled, the opposing party wants an adverse inference jury instruction. There are two potential adverse inference jury instructions dealing with spoliation of evidence, neither of which are good, and one of which you definitely don’t want. A recent case discusses these jury instructions (check here) in a slip and fall personal injury case. The bottom line is that you need to preserve evidence relevant to a claim. Don’t lose it. Don’t intentionally destroy it. Don’t pretend it does not exist. Don’t do all the things that hinder the preservation and ultimate production of the relevant evidence. An adverse inference jury instruction (or an adverse inference implication in a non-jury trial) could be much, much worse. The facts are what the facts are. The best thing you can do is confront the facts. Confront the bad facts just like the good facts. The nature of any dispute is that there will be both good and bad facts. Bad facts can hopefully be explained recognizing there will be bad facts on the other side too. Sometimes, the bad facts warrant major strategic considerations and shifting the focus of how a dispute will be handled and presented. Whatever you do, don’t put yourself in a position where you are spoiling evidence. Once you get an adverse inference instruction, that’s it, as it’s very tough to overcome. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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New Survey Reveals Overwhelmingly Optimistic Results on the Use of AI in Construction

May 14, 2026 — Construction Executive
On December 5, 2025, CMiC and Dodge released a survey asking over 6,000 companies across various sectors of the construction industry their stance on artificial intelligence—whether they use it or not; whether they like it or not; whether they have or are planning to implement it or not; and so on. Considering its reputation for skepticism and reluctance when it comes to adopting new forms of technology, the construction industry pleasantly surprised CMiC and Dodge with its answers to these questions, with 87% of contractors believing AI will have a meaningful impact on construction. “The research indicates the construction industry is nearing a tipping point for AI adoption,” says Steve Jones, senior director of industry insights at Dodge Construction Network, who sat down with Construction Executive to delve further into the survey questions and answers and what the industry’s current position on them means for AI’s future role in construction. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Fort Lauderdale Associate Secures Summary Judgment in Rare Premises Liability Win

February 23, 2026 — Lewis Brisbois Newsroom
Fort Lauderdale associate Kyle Hollander recently secured a summary judgment victory for his client, Winn-Dixie, in a contested premises liability case. This was a hotly disputed liability case of water on the floor near an ice cooler with surveillance footage of a customer constantly bringing bags of ice to and from the cooler to the register. The plaintiff unknowingly stepped into the area of dripped melted ice and fell. Kyle successfully argued based on the plaintiff’s own deposition testimony and the surveillance footage that Winn-Dixie didn’t have the requisite actual notice. Additionally, Kyle argued that the brief duration the condition remained on the floor was legally insufficient to establish constructive notice under Florida law. The Court agreed, finding that the evidence would not survive a directed verdict and granting summary judgment in favor of the defense. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Real Estate & Construction News Roundup (6/24/26) – HUD to Fund AI Grants, Luxury Hotel Deal Investment Activity to Surge, ESPCs to Fund Energy and Infrastructure Improvements

July 06, 2026 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, data centers are exposed to climate change, commercial tenant sues CoStar, cities see opportunities in emerging sports markets, and more!

• With deferred maintenance growing and capital dollars stretched thin, local governments are using ESPCs to fund energy and infrastructure improvements through future operational savings. (Vicky Uhland, Construction Dive)
• The U.S. Department of Housing and Urban Development is offering up to $3 million in grants for local governments to deploy automated permitting and building code systems. (Ryan Kushner, Construction Dive)
• Luxury hotel deals are set to see a surge in investment activity due to strong fundamentals and strengthening capital markets. (Noor Adatia, Hotel Dive)

Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

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GRSM Marks Seventh Anniversary as First and Only Full-Service Law Firm in All 50 States, Climbs to #70 on Am Law 100

April 20, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani proudly celebrates the seventh anniversary of its becoming the first and only full-service law firm with offices and attorneys in all 50 states. Since launching its innovative 50-state platform in April 2019, GRSM has experienced extraordinary growth across markets, practices, and client relationships. In the past seven years, GRSM has expanded its footprint with 20 new offices in both major and secondary markets and doubled its attorney headcount, growing from 940 to more than 2000 lawyers. This growth has propelled GRSM from the 40th to the 11th largest law firm in the United States, according to Law360, while also driving a significant rise on the Am Law 100 rankings, from #103 in 2019 to #70 in 2026. GRSM has served nearly half of the Fortune 500, a testament to its deep bench of lawyers and national capabilities. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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Prefatory Contract Language Cannot Be Used to Create an Ambiguity with Operative Provisions

May 12, 2026 — David Adelstein - Florida Construction Legal Updates
Contract drafting and interpretation matters. A case dealt with the potential conflict with prefatory language in an agreement compared with operative provisions in the agreement. The trial court held that the operative provisions control. I discussed this case here where the appellate court reversed based on the prefatory language. But, through a motion for rehearing, the appellate court reconsidered its position and affirmed the trial court based on the operative provisions, mainly that the prefatory language cannot be used to create an ambiguity with operative provisions. Consider this explanation in affirming the trial court:

Because the trial court correctly found that the initial language in the contract was prefatory and could not be used to create an ambiguity in the remainder of the contract, we affirm the final judgment.

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

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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 a wide range of commercial construction work, having previously served as safety director for general contractor T.B. Penick & Sons. He has also previously operated Peter Lupo Consulting, where he reviewed legal cases and provided expert testimony, and blogged on safety for ENR.com. Lupo recently spoke to ENR Correspondent Elaine Silver about the weight of drywall, heat hazard control, bilingual crews and how he supports safety creativity and learning on the Standard Drywall staff. The conversation has been edited. Read the full story...
Reprinted courtesy of Elaine Silver, Engineering News-Record
ENR may be contacted at enr@enr.com

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Texas Supreme Court Rules for Road Contractors in Critical Legal Immunity Test

January 26, 2026 — Elaine Silver - Engineering News-Record
The Texas Supreme Court overturned an earlier ruling by appeals court judges clarifying who is protected by the Texas Dept. of Transportation's legal immunity shield. It is a state law barring lawsuits against contractors for auto accidents as long as the contractors build according to the design. Read the full story...
Reprinted courtesy of Elaine Silver, Engineering News-Record
ENR may be contacted at enr@enr.com

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