ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Substantiating Termination for Convenience Costs

November 09, 2025 — David Adelstein - Florida Construction Legal Updates
A termination for convenience clause is an important provision in construction contracts, particularly for the owner. An owner needs the contractual right to terminate a contractor for convenience. This means the owner does NOT need a reason to exercise a termination. This is night-and-day different from a termination for cause (or default) wherein an owner must have a material basis to exercise that right. Sometimes, the relationship is not where it should be, or not what was expected, or performance does not rise up to the level you require but does not rise up to a material breach. The termination for convenience clause gives the owner the discretion to just end the relationship. As a contractor, you need to understand the types of damages (costs) you are entitled if an owner exercises the termination for convenience. Don’t overlook this, because if an owner exercises the termination for convenience, you want to make sure you feel like you are protected. This could include a termination for convenience fee. There are a number of ways this can be accomplished, but you need to be sure you are entitled to costs incurred through the date of termination with reasonable overhead and profit, demobilization costs, early return fees, and costs incurred due to the termination. Regardless, keep in mind that it is your burden, as the contractor, to prove these costs with a reasonable degree of certainty. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

---

Appraisal Award Upheld Despite Insurer’s Contention that Causation was Considered

February 23, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court in Tennessee granted the insured’s motion for summary judgment finding the appraisal award was properly determined despite the insurer’s argument that the appraisal panel considered causation of the loss. Nashville Communications, Inc. v. Auto-Owners (Mutual) Ins. Co., 2025 U.S. Dist. LEXIS 223455 (M.D. Tenn. Nov. 13, 2025) A windstorm struck and damaged the building owned and insured by Nashville Communications (NashComm). A claim was submitted to the insurer, Auto-Owners, for damage to the roof and interior water leakage. Auto-Owners acknowledged that there was some amount of wind damage to the building from the wind event. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---

Benchmark Litigation Recognizes Multiple Snell & Wilmer Offices and Attorneys in 2026 Rankings

December 02, 2025 — Snell & Wilmer
PHOENIX - Snell & Wilmer is pleased to announce that Benchmark Litigation, a publication that focuses exclusively on dispute resolution and litigation, has once again recognized multiple Snell & Wilmer offices, as well as eleven of the firm’s attorneys, in its annual U.S. edition rankings issue. Benchmark Litigation is the only publication on the market to focus exclusively on litigation work. Benchmark compiles its results from a culmination of a six-month research period where researchers conduct extensive interviews with litigators and their clients to identify the leading litigators and firms. During these interviews, researchers examine recent casework handled by law firms and ask individual litigators to offer their professional opinions on peers. Firms cannot pay to be recommended for the guide. Read the full story...
Reprinted courtesy of Snell & Wilmer

---

Kahana Feld Earns Recognition in Five Practice Areas in 2026 Best Law Firms® Rankings

December 15, 2025 — Eva Paulson - Kahana Feld
IRVINE, CA – Nov. 6, 2025 – Kahana Feld is pleased to announce that the firm has been recognized across five practice areas in the 2026 edition of Best Law Firms®. Now in its 16th year, Best Law Firms provides a comprehensive guide to the top-performing firms across 127 practice areas and 188 local jurisdictions. A listing of Kahana Feld’s 2026 rankings follows: Orange County

• Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (Metropolitan Tier 2)
• Litigation – Real Estate (Metropolitan Tier 3)
• Real Estate Law (Metropolitan Tier 3)

New York City

• Litigation – Insurance (Metropolitan Tier 3)

Houston

• Personal Injury Litigation – Defendants (Metropolitan Tier 3)

Read the full story...
Reprinted courtesy of Eva Paulson, Kahana Feld
Ms. Paulson may be contacted at epaulson@kahanafeld.com

---

CEO/Founding Principal Nicole Whyte is recognized as one of the most Influential Leaders in Orange County by the OC Business Journal!

December 15, 2025 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to CEO/Founding Principal Nicole Whyte on her recognition as one of the most Influential Leaders in Orange County by the OC Business Journal! Why: Nicole leads over 200 attorneys in 11 offices in the Western U.S. She specializes in family law and complex civil litigation. Of those, 89 are based in the firm’s Newport Beach headquarters. Notable: Nicole was born, raised, and educated in South Africa. She practiced law in Johannesburg before emigrating to the United States in 1991. After quickly learning the U.S. Legal system, Nicole founded Bremer Whyte in 1997. Her husband, Steve Nataupsky, is a managing partner at Knobbe Martens. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

---

Protect Your Projects By Identifying and Controlling Hidden Contract Risks

March 10, 2026 — Larry Borda & Daniel Lund III - JD Supra
In a recent webinar entitled “Spreading the Risk and Avoiding Killer Contract Clauses,” Phelps lawyers Daniel Lund and Larry Borda examined contractual provisions that most often expose construction professionals to unexpected financial and legal risk. While construction contracts may appear routine, each contract serves as the primary mechanism for managing, allocating, and mitigating risk among parties involved in complex projects—often valued in the hundreds of millions or billions of dollars. When parties fail to fully understand the terms they sign, costly and avoidable consequences frequently follow. Contracts as Risk-Transfer Instruments Construction contracts are the primary method for transferring risk. While contracts authorize work and define scope, they also allocate responsibility for the risks inherent in construction projects. Some may imagine a world where a one-page agreement and a set of plans would suffice. In reality, modern construction requires detailed agreements—particularly provisions designed to anticipate problems, distribute burdens and reduce disputes. Reprinted courtesy of Larry Borda, Phelps and Daniel Lund III, Phelps Mr. Borda may be contacted at larry.borda@phelps.com Mr. Lund may be contacted at daniel.lund@phelps.com Read the full story...

---

Executive Order Addresses Wildfire Rebuilding Delays Through Federal Preemption of State and Local Permitting

February 10, 2026 — Olivia LaCasto & Josh Schneiderman - Snell & Wilmer
Quick Take On January 23, 2026, one year after the Los Angeles wildfires, the President issued Executive Order 14377 directing the Secretary of Homeland Security, acting through the Administrator of the Federal Emergency Management Agency (FEMA), and the Administrator of the Small Business Administration (SBA) to consider regulations that would preempt state and local permitting requirements for federally funded reconstruction projects in the Pacific Palisades and Eaton Canyon areas. The Order mandates expedited federal environmental and historic preservation reviews, directs the development of legislative proposals, and orders an audit of California’s use of Hazard Mitigation Grant Program (HGMP) funding. Key Provisions Federal Preemption of State and Local Permitting The Order directs FEMA and the SBA to consider promulgating regulations that would preempt state or local permitting processes found to have “unduly impeded” the timely use of federal emergency-relief funds by homeowners, businesses, or houses of worship seeking to rebuild. Under the proposed framework, preempted permitting regimes would be replaced with a self-certification requirement, whereby builders would certify to a federal designee that they have complied with all applicable substantive state and local health and safety standards. FEMA would retain authority to review all repairs and construction for compliance with applicable health and safety standards. Proposed regulations must be published within 30 days, with final regulations due within 90 days. Reprinted courtesy of Olivia LaCasto, Snell & Wilmer and Josh Schneiderman, Snell & Wilmer Ms. LaCasto may be contacted at olacasto@swlaw.com Mr. Schneiderman may be contacted at jschneiderman@swlaw.com Read the full story...

---

Microscopic Soot, Major Win: Policyholder Coverage Expands

January 06, 2026 — Scott P. DeVries & Natalie Reed - Hunton Insurance Recovery Blog
In a recent opinion, the 8th Circuit rejected an insurer’s attempt to expand insurer victories in a COVID-19 context to other more traditional claims of property damage. Reaffirming long standing principles, the court held soot and water damage associated with a fire constituted “direct physical loss or damage” under a commercial property insurance policy. The policyholder, Maxus Metropolitan, sued their insurer, Travelers, which had refused to reimburse Maxus for remediation costs associated with a fire at their building. The dispute arose after one of six buildings in a complex owned by Maxus caught fire. Travelers covered part of the damage for the building that caught fire. However, seven months after the fire, Maxus learned of soot and water damage throughout the other five buildings, some of which were under construction and some that had residents. The commercial property policy Travelers issued to Maxus covered up to $35 million in “direct physical loss…or damage.” Travelers refused to reimburse for the remediation and in response Maxus sued Travelers for breach of contract and vexatious refusal to pay in Missouri. Reprinted courtesy of Scott P. DeVries, Hunton Andrews Kurth LLP and Natalie Reed, Hunton Andrews Kurth LLP Mr. DeVries may be contacted at sdevries@hunton.com Ms. Reed may be contacted at nreed@hunton.com Read the full story...

---