ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

The Modern Nuclear Renaissance Reaches New England

April 14, 2026 — Stephen J. Humes - Gravel2Gavel Construction & Real Estate Law Blog
On March 31, 2026, the governors of all six New England states issued a joint, bipartisan statement committing the region to explore deployment of advanced nuclear energy technologies while supporting the continued safe, affordable and reliable operation of New England’s existing nuclear generation facilities. This coordinated regional initiative follows a major policy announcement in June 2025 by New York Governor Kathy Hochul directing the New York Power Authority to pursue development of at least 1,000 MW of advanced nuclear generation to support statewide reliability needs and New York’s zero‑carbon mission. Less than one year after New York formally embraced a modern nuclear renaissance, that renaissance has now expanded across the New England states—signaling a broader Northeast regional pivot toward nuclear as a core element of long‑term reliability, affordability and decarbonization strategies. For utilities and power generators, this shift creates both opportunities and planning imperatives that warrant immediate attention. Read the full story...
Reprinted courtesy of Stephen J. Humes, Pillsbury
Mr. Humes may be contacted at steph

HHMR and Every One of its Partners Recognized by Legal 500 in Denver Elite

That’s a Wrap! Pennsylvania Court Holds Arbitration Clause in Online Agreement Unenforceable

May 14, 2026 — Gus Sara - The Subrogation Strategist
In Duffy v. Tatum, 2026 Pa. Super. LEXIS 112, 2026 PA Super 41, the Superior Court of Pennsylvania (Superior Court) considered whether an arbitration provision contained in the online Terms of Service on the defendant’s website were enforceable. The plaintiff, Daniel Duffy (Duffy), visited the website of defendant, Dolly, Inc. (Dolly), to purchase moving services. Duffy selected the number of movers, items to be moved and the type of vehicle needed. To complete the booking, the website required Duffy to checkmark a box labeled “By checking this box I accept the Dolly Terms of Service.” Duffy did not have to open the link or scroll to the bottom of the agreement before being able to click on the checkmark box. The Terms of Service included an arbitration provision requiring that any dispute related to the moving services to be resolved by arbitration in accordance with the American Arbitration Association. The Terms of Service did not include any statement that the user was waiving the right to a jury trial. The Superior Court found the internet Terms of Service unenforceable. During the moving process, an accident occurred and injured Duffy. In May 2024, Duffy and his wife sued Dolly and other related entities alleging negligence and loss of consortium. Dolly filed preliminary objections alleging that the parties agreed to alter

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

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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Insured Successfully Moves to Dismiss Insurer’s Suit to Eliminate Duty to Defend

January 06, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court found that the insurer had a duty to defend and dismissed the insurer’s motion for summary judgment. Travelers Indem. Co. of Conn. v. I.C. Refrigeration Services Inc., 2025 U.S. Dist. LEXIS 221768 (N.D. Cal. Nov. 10, 2025). Flory Construction, Inc. sued the project owner, Highbridge, asserting claims for (1) foreclosure on mechanics liens; (2) breach of contract; and other cliams. Flory agreed to furnish labor, materials and equipment for improvements to Highbridge’s properties. Flory alleges Highbridge failed to provide payment despite Flory completing “all requested contract work . . . except to the extent prevented by Highbridge.” 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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Report: 2023 NYC Crane Fire and Collapse Caused by Failed Hydraulic Hose

December 30, 2025 — Justin Rice - Engineering News-Record
A disconnected hydraulic hose likely sprayed flammable oil onto a hot surface, igniting a blaze that compromised the luffing system of a tower crane on a busy New York City street, sending its boom crashing 500 ft to the ground, according to a long-awaited investigation into a 2023 crane fire and partial collapse on the west side of Manhattan. Read the full story...
Reprinted courtesy of Justin Rice, Engineering News-Record
Mr. Rice may be contacted at ricej@enr.com

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Jurisdiction Over Foreign Manufacturers in Construction Litigation

May 14, 2026 — Timothy J. Repass & Miki J. Saito - Wood Smith Henning Berman
A recent decision from the Washington Court of Appeals provides important guidance on personal jurisdiction over foreign product manufacturers in construction and infrastructure litigation. In King County v. Aquatherm GmbH, No. 85572-7-I (Wash.Ct. App.Div.I)(unpublished), the court addressed whether a German manufacturer could be sued in Washington for alleged defects in piping used in major public infrastructure projects. The ruling offers a detailed, fact-driven roadmap for how Washington courts evaluate jurisdiction over foreign manufacturers operating through layered distribution networks. It also reflects a broader trend toward focusing on real-world commercial conduct rather than formal corporate structure. Background of the Case King County sued after widespread failures in polypropylene piping installed at the King County Correctional Facility. The pipe, manufactured by Aquatherm GmbH in Germany, was marketed, distributed, and installed through a network of U.S.-based entities. Following a six-week trial, the jury returned a verdict exceeding $18 million on claims under the Washington Product Liability Act and Consumer Protection Act. Aquatherm challenged, among other things, the trial court's exercise of personal jurisdiction. Reprinted courtesy of Timothy J. Repass, Wood Smith Henning Berman and Miki J. Saito, Wood Smith Henning Berman Mr. Repass may be contacted at trepass@wshblaw.com Ms. Saito may be contacted at msaito@wshblaw.com Read the full story...

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GRSM Attorneys Selected to 2025 Super Lawyers and Rising Stars Lists

January 06, 2026 — Gordon Rees Scully Mansukhani
Super Lawyers® has released its 2025 attorney lists across various regions of the United States. This year, 189 Gordon Rees Scully Mansukhani attorneys have been selected, with 60 named to Super Lawyers and 129 named to Rising Stars. *For attorneys licensed to practice in New Jersey: No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Please visit the Super Lawyers Selection Process for a detailed description of the Super Lawyers and Rising Stars selection methodology. GRSM Super Lawyers 2025 Northern California Michael D. Bruno David C. Capell Lisa M. Cappelluti Dion N. Cominos Matthew S. Foy Natalie Fujikawa Marie Trimble Holvick Michael A. Laurenson Michael J. Pietrykowski Andrew I. Port Gina Stassi Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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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.
“Genuine” Issue of “Material” Fact and Summary Judgments

Construction Defects Checklist

Topic 606: A Retrospective Review of Revenue from Contracts with Customers

New York Appellate Court Applies Broad Duty to Defend to Property Damage Case

California Supreme Court Approves of Annual Civility Oath for Attorneys, Rejects Incivility As Basis for Disciplinary Measures

OSHA’s COVID-19 Emergency Temporary Standard Is in Flux

New England Construction Defect Law Groups to Combine

California Complex Civil Litigation Superior Court Panels

How Does Weather Impact a Foundation?

Differing Site Conditions: What to Expect from the Court When You Encounter the Unexpected

Hawaii Supreme Court Tackles "Other Insurance" Issues

Arbitration: For Whom the Statute of Limitations Does Not Toll in Pennsylvania

Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

Illusory Insurance Coverage: Real or Unreal?

Administration Seeks To Build New FBI HQ on Current D.C. Site

Will a Notice of Non-Responsibility Prevent Enforcement of a California Mechanics Lien?

Force Majeure and COVID-19 in Construction Contracts – What You Need to Know

No Coverage for Repairs Made Before Suit Filed

Homeowner Sues Brick Manufacturer for Spalling Bricks

How to Protect a Construction-Related Invention

Enforcement Of Contractual Terms (E.G., Flow-Down, Field Verification, Shop Drawing Approval, And No-Damage-For-Delay Provisions)

Congratulations to Las Vegas Partner Jeffrey Saab and Senior Associate Shanna Carter on Winning Another Motion for Summary Judgment!

Don’t Miss Bremer Whyte Attorneys at West Coast Casualty’s Construction Defect Seminar in Downtown Disney!

Court Finds Duty To Defend Environmental Claim, But Defense Limited to $100,000

Department Of Labor Recovers $724K In Back Wages, Damages For 255 Workers After Phoenix Contractor Denied Overtime Pay, Falsified Records

Norfolk Southern Accused of Trying to Destroy Evidence of Ohio Wreck

Seller Faces Federal Charges for Lying on Real Estate Disclosure Forms

Documenting Contract Changes in Construction

Allegations of Actual Property Damage Necessary to Invoke Duty to Defend

Application of Efficient Proximate Cause Doctrine Supports Coverage

School District Settles Construction Lawsuit with Additional Million

Don’t Miss the 2015 West Coast Casualty Construction Defect Seminar

Courts Will Not Second-Guess Public Entities When it Comes to Design Immunity

Partner Jonathan R. Harwood Obtained Summary Judgment in a Coverage Action Arising out of a Claim for Personal Injury

MapLab: Why More Americans Are Moving Toward Wildfire

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

Bad Faith in the First Party Insurance Context

Federal Court Dismisses Coverage Action in Favor of Pending State Proceeding

Five Issues to Consider in Government Contracting (Or Any Contracting!)

Court Voids Settlement Agreement in Construction Defect Case

Statute of Limitations Upheld in Construction Defect Case

General Contractors Can Be Sued by a Subcontractor’s Injured Employee

The American Rescue Plan Act: What Restaurants Need to Act on NOW

Port Authority Reaches Deal on Silverstein 3 World Trade

Structural Health Check-Ups Needed but Are Too Infrequent

Cameron Kalunian to Speak at Casualty Construction Defect Seminar

Statute of Limitations Bars Lender’s Subsequent Action to Quiet Title Against Junior Lienholder Mistakenly Omitted from Initial Judicial Foreclosure Action

Ex-Turner Exec Gets 46 Months for Bloomberg Construction Bribes

Dreyer v. Am. Natl. Prop. & Cas. Co. Or: Do Not Enter into Nunn-Agreements for Injuries that Occurred After Expiration of the Subject Insurance Policy

Construction Defect Class Action Lawsuit Alleges National Cover-up of Pipe Defects
bhastory.php?cdjs=9978900">Replacement of Defective Gym Construction Exceeds Original Cost

California Court Holds No Coverage Under Pollution Policy for Structural Improvements

Got Licensing Questions? CSLB Licensing Workshop November 17th and December 15th

Defects, Delays and Change Orders

Wendel Rosen Construction Attorneys Recognized by Super Lawyers and Best Lawyers

AB5 Construction Exemption – A Checklist to Avoid Application of AB5’s Three-Part Test

The Future for Tall Buildings Could Be Greener