ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Construction Contract Negotiation & Drafting: A Practical Checklist (and Where State-Specific Issues Can Surprise You)

April 20, 2026 — Michelle Cooper - Sheppard Construction and Infrastructure Law Blog
Construction contract negotiation is often treated as a “forms exercise,” especially when the parties start from familiar templates (e.g., AIA forms). In practice, though, the biggest problems tend to arise not from the existence of a form, but from (i) misalignment among the project’s governing documents and participants, (ii) ambiguity in pricing and payment mechanics, and (iii) state-specific statutory requirements that override negotiated terms. This article includes a practical checklist intended to help owners, developers, and contractors streamline contract negotiations, reduce downstream disputes, and avoid unpleasant surprises during payment administration. Read the full story...
Reprinted courtesy of Michelle Cooper, Sheppard
Ms. Cooper may be contacted at mcooper@sheppard.com

---

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...

---

Massachusetts Construction Industry Continues to Wait While Prompt Payment Law Is Put to the Test

March 31, 2026 — Catherine Maronski - Construction Law Zone
Earlier this month, the Massachusetts Supreme Judicial Court (SJC) heard argument in J.C. Cannistraro, LLC v. Columbia Construction Co. et al., a dispute concerning the state’s Prompt Payment Act (PPA). Although a decision has yet to be issued, it could potentially pose widespread implications for high-value private construction projects moving forward – and perhaps backwards. The PPA, G. L. c. 149, § 29E, enacted by the Massachusetts Legislature in 2010, has become a keystone in the construction industry. It was enacted to address, in part, downstream cash flow issues that tend to pervade construction projects by mandating a series of strict guidelines for submitting, and responding to, payment applications for private projects valued over $3,000,000. Amongst these requirements are set timeframes to respond to an application, as well as what must be contained in an application rejection. Critically, if an owner or upper-tier contractor fails to fully comply with all the statutory requirements in response to a proper payment application, the application is automatically “deemed to be approved” and payable. Significantly, however, this is not always the end of the line. Read the full story...
Reprinted courtesy of Catherine Maronski, Robinson Cole
Ms. Maronski may be contacted at cmaronski@rc.com

---

Sausage-Making Often Relies on the Good Sense of the Chef Rather than the Recipe

June 23, 2026 — Garret D. Murai - California Construction Law Blog
Even for lawyers, the rules governing litigation can get complex and convoluted. Does something need to be filed? What needs to be filed? When is the deadline for filing? Simple questions with not always with straightforward answers. This was the case in R & J Sheet Metal, Inc. v. W.E. O’Neil Construction Co. of California, 111 Cal.App.5th 878 (2025), which involved sheet metal panels lost when they fell into the Port of Long Beach harbor. Read the full story...
Reprinted courtesy of Garret D. Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

---

Mandatory Arbitration Isn’t All Bad, if. . .

July 13, 2026 — Christopher G. Hill - Construction Law Musings
In the past week or so mandatory arbitration has been all the rage. From those that argue that arbitration is becoming more burdensome than litigation, to my friend and fellow construction attorney Scott Wolfe who gives great advice on how to make arbitration worth it again. You can place me in the camp of those that think that mandatory arbitration clauses of the type typically found in contracts can add a layer of expense that can be unnecessary. However, if an arbitration clause is carefully drafted, and properly used, these clauses an be helpful in assuring that the streamlining effect for which arbitration was created actually occurs. Because the contract is king in Virginia, these provisions can essentially create the rule of civil procedure used to resolve any dispute relating to the project. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

---

Chambers USA Recognizes Hunton’s Insurance Coverage Practice in 2026 Guide

June 29, 2026 — Hunton Insurance Recovery Blog
Hunton is pleased to announce that its insurance coverage practice was recognized nationally for Insurance: Dispute Resolution – Policyholder in the recently released 2026 Chambers USA guide. The team also received state rankings in Florida (Insurance: Dispute Resolution), Georgia (Insurance), the District of Columbia (Insurance: Policyholder), and Massachusetts (Insurance). In addition to the insurance team’s group recognition across multiple states, the 2026 guide included individual rankings for Lorelie “Lorie” S. Masters (USA Nationwide and District of Columbia), Latosha M. Ellis (District of Columbia), Michael S. Levine (District of Columbia), Koorosh “KT” Talieh (District of Columbia), Walter J. Andrews (Florida), Andrea DeField (Florida), Cary D. Steklof (Florida), Lawrence J. Bracken II (Georgia), and Geoffrey B. Fehling (Massachusetts). Corporate Formalities: A Necessary Part of Business

Insured's Failure to Challenge Trial Court's Application of Exclusion Makes Appeal Futile

Will Superusers Future-Proof the AEC Industry?

Insurer Has Duty to Defend Despite Construction Defects

Do We Really Want Courts Deciding if Our Construction Contracts are Fair?

Home-Sales Fall in 2014 Has U.S. Waiting for 2015: Economy

Washington Court of Appeals Divisions Clash Over Interpretations of the Statute of Repose

Introducing the Updated 2026 Pillsbury Guide to Data Centers

Foreclosing Junior Lienholders and Recording A Lis Pendens

Connecticut Supreme Court Rules Matching of Materials Decided by Appraisers

The Big Three: The 9th Circuit Joins The 6th Circuit and 7th Circuit in Holding That Sanctions For Bad-Faith Litigation Tactics Can Only Be Awarded Against Individual Lawyers and Not Law Firms

After 15 Years, Settlement Arrested at San Francisco's Millennium Tower

Homebuilder Immunity Act Dies in Committee. What's Next?

Specific Performance: Equitable Remedy to Enforce Affirmative Obligation

Million-Dollar U.S. Housing Loans Surge to Record Level

Business Risk Exclusions Do Not Preclude Coverage

Anomaly in Adding a Third-Party Claimant to a Liability Insurance Coverage Dispute

A New Digital Twin for an Existing Bridge

Coverage for Faulty Workmanship Denied

Contractor Given a Wake-Up Call for Using a "Sham" RMO/RME

No Coverage for Restoring Aesthetic Uniformity

Commonwealth Court Strikes Blow to Philly Window and Door Ordinance

OSHA Finalizes Rule on Crane Operator Qualification and Certification

Court Denies Insured's Motion to Dismiss Complaint Seeking to Compel Appraisal

Construction Defect Bill a Long Shot in Nevada

Mixed Reality for Construction: Applicability and Reality

World-Famous Architects Design $480,000 Gazebos for Your Backyard

Administration Launches 'Buy Clean' Construction Materials Push

New WA Law Caps Retainage on Private Projects at 5%

Construction on the Rise in Washington Town

Yet Another Reminder to ALWAYS Show Up for Court

Construction Contract Basics: Venue and Choice of Law

Houston Office Secures Favorable Verdict in Trespass and Nuisance Case Involving Subcontractor’s Accidental Installation of Storm Sewer Pipe on Plaintiff’s Property

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

Miller Act CLAIMS: Finding Protections and Preserving Your Rights

Forget Fifth Graders - Are You Smarter Than a CEO?

California Imposes New Disabled Access Obligations on Commercial Property Owners

Insureds Survive Summary Judgment on Coverage for Hurricane Loss

Real Estate & Construction News Roundup (1/30/24) – Life Science Construction to Increase, Overall Homeownership Is Majority Female, and Senators Urge Fed Chair to Lower Interest Rates

Proximity Trace Used to Monitor, Maintain Social Distancing on $1.9-Billion KCI Airport Project

Court Rejects Insurer's Argument That Two Triggers Required

Another Exception to Fraud and Contract Don’t Mix

Soldiers Turn Brickies as U.K. Homebuilders Seek Workers

Kahana Feld Partner Noelle Natoli Named President of Women Lawyers Association of Los Angeles

Damage Control: Major Rebuilds After Major Weather Events

Nevada Assembly Passes Construction Defect Bill

New Jersey Court Adopts Continuous Trigger for Construction Defect Claims

Steel-Fiber Concrete Link Beams Perform Well in Tests

Traub Lieberman Partner Jessica Kull Obtains Favorable Arbitration Award In Year-Long High-Stakes Construction Defect Case

No Coverage for Breach of Contract Claims Against Contractor
rop="name">Allegations that Carrier Failed to Adequately Investigate Survive Demurrer

Legal 500 US Ranks Hunton’s Insurance Coverage Team Among Top Policyholder Practices in 2026 Guide

Quick Note: Subcontractor Payment Bond = Common Law Payment Bond

Chambers USA 2019 Ranks White and Williams as a Leading Law Firm

COVID-19 Response: Key Legal Considerations for Event Cancellations

Fifth Circuit Reverses Summary Judgment Award to Insurer on Hurricane Damage Claim

Gibbs Giden is Pleased to Announce Four New Partners and Two New Associates

Identifying and Accessing Coverage in Complex Construction Claims

Designers George Yabu and Glenn Pushelberg Discuss One57’s Ultra-Luxury Park Hyatt

In Kansas City, a First-Ever Stadium Designed for Women’s Sports Takes the Field

Nomos LLP Partner Garret Murai Recognized by Super Lawyers

The Air in There: Offices, and Issues, That Seem to Make Us Stupid

Buyer Beware: Insurance Agents May Have No Duty to Sell Construction Contractors an Insurance Policy Covering Likely Claims

Washington State Safety Officials Cite Contractor After Worker's Fatal Fall

Cal/OSHA ETS: Newest Version Effective Today

Middle District of Florida Disregards Other Insurance Clause Where Subcontractor Contractually Promised to Indemnify General Contractor

Policy's Operation Classification Found Ambiguous

Building Growth Raises Safety Concerns

Surveys: Hundreds of Design Professionals See Big COVID-19 Business Impacts