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

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Real Estate & Construction News Roundup (3/18/25) – Data Center Frenzy, China’s Expanding REIT Market and Tariff-Affected Construction Costs

March 31, 2026 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, relistings reached highest total in a decade, Florida State Legislature passes bill to increase the state’s housing supply, data center construction adapts to changes and more!

• The data center construction frenzy and a new, potentially larger highway bill were top of mind for builders during the latest round of contractor earnings calls and financial reports. (Joe Bousquin, Construction Dive)
• Tariffs and associated policy uncertainty have increased construction costs and delayed leasing and investment choices. (J.P. Morgan)
• Relistings hit the highest January figure since Redfin began tracking this metric a decade ago. (Diana Olick, CNBC).

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

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White and Williams LLP Secures Trio of Cyber Coverage Wins

May 12, 2026 — Gabriel Darwick & Sean Elman - White and Williams LLP
Three weeks, three jurisdictions, three cyber wins. White and Williams picked up the first victory on March 9, 2026, in the United States District Court for the Western District of Texas, where the court granted summary judgment to their client enforcing a Cyber Crime Loss sublimit. See Perry & Perry Builders, Inc. v. Cowbell Cyber and Obsidian Specialty Ins. Co., 2026 U.S. Dist. LEXIS 49409 (E.D. Tex. Mar. 9, 2026). In Perry, the insured was deceived into transferring money intended for a vendor to an unintended third party. The insurer acknowledged that the loss was covered and paid the insured the policy’s Cyber Crime Loss sublimit. Discontent with a single sublimit, the insured argued that because it wired the money to the fraudster in separate transfers, it was entitled to a second Cyber Crime Loss sublimit. Reprinted courtesy of Gabriel Darwick, White and Williams LLP and Sean Elman, White and Williams LLP Mr. Darwick may be contacted at darwickg@whiteandwilliams.com Mr. Elman may be contacted at elmans@whiteandwilliams.com Read the full story...

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Lawmakers Vote to Reauthorize Programs to Support Water Quality, Coastal Protection

April 20, 2026 — Pam McFarland - Engineering News-Record
The U.S. House of Representatives has passed a package of 14 bills that includes measures to reauthorize several U.S. Environmental Protection Agency programs to protect and restore critical water ecosystems, expand access to broadband, reduce regulatory requirements on airport projects and programs and lower costs of federal buildings. Read the full story...
Reprinted courtesy of Pam McFarland, Engineering News-Record
Ms. McFarland may be contacted at mcfarlandp@enr.com

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California’s Retention Reform on Private Construction Projects

February 17, 2026 — Michael McKeeman - The Construction Seyt
Retention has long been a contentious issue in California construction. Traditionally, owners withheld retention of 10% from each progress payment until completion, arguing it was necessary to ensure performance, quality and timely delivery. Contractors and subcontractors, however, often struggled with cash flow, payroll, and material costs while waiting months—sometimes even years—for withheld retention. Recognizing the financial challenges contractors and subcontractors face, the California legislature passed Senate Bill 61 (“SB 61”), now codified under California Civil Code Section 8811 and effective January 1, 2026, limiting retention to 5% on private works of improvement, aligning with the public works standard in place since 2012. The law’s intent is clear—ease financial strain on contractors and subcontractors while still providing owners with security (albeit reduced) with respect to project completion. Read the full story...
Reprinted courtesy of Michael McKeeman, Seyfarth
Mr. McKeeman may be contacted at

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Congratulations to BWB&O’s Orange County Team for Securing a Strong MSJ Result in a Residential Gas Explosion Matter!

May 14, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Huge Congratulations to Partner Kevin Wheeler and Associate Lindsey Wells for securing a strong result on a Motion for Summary Judgment / Summary Adjudication filed on behalf of their client, the City of Murrieta. This was a complex, multi-party matter arising from a residential gas leak and explosion, where Plaintiffs alleged the City and MFPD failed to properly respond to the incident. After multiple complaints were consolidated and extensive defense work narrowed the case, eighteen plaintiffs remained asserting five causes of action against the City, prompting a comprehensive MSJ/MSA targeting liability, causation, and damages. The Court’s ruling reflects a significant win, particularly on the immunity framework. The Court eliminated the core negligence and assumed-duty claims arising from fire protection and emergency response activities. It further disposed of the misrepresentation and public nuisance claims. At the end of the day, three plaintiffs were dismissed entirely for failure to comply with Government Claims Act requirements, further reducing the scope of the case. While the dangerous condition claim remains, it does so in a very limited posture. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

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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

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New Executive Order on AI Innovation and Security: Key Takeaways for the Construction Industry

June 15, 2026 — Richard R. Volack & Denis Serkin - Peckar & Abramson, PC
On June 2, 2026, President Trump signed an Executive Order titled “Promoting Advanced Artificial Intelligence Innovation and Security.” At its core, the Order is a cybersecurity and national-security measure rather than a broad regulation of how private companies develop or use AI. It directs federal agencies to harden government systems against AI-enabled cyber threats, establishes voluntary frameworks for collaboration between the federal government and the AI and critical-infrastructure sectors, and strengthens criminal enforcement against the malicious use of AI. Notably, the Order expressly disclaims any intent to create a “mandatory governmental licensing, preclearance, or permitting” regime for the “development, publication, release, or distribution of new AI models.” Instead, the Executive Order seeks to “promote AI innovation and security” by working with the private sector to modernize government and private-sector information systems and harden them against external threats, protect intellectual property from exploitation or theft, and cultivate American AI capabilities. Reprinted courtesy of Richard R. Volack, Peckar & Abramson, PC and Denis Serkin, Peckar & Abramson, PC Mr. Volack may be contacted at rvolack@pecklaw.com Mr. Serkin may be contacted at dserkin@pecklaw.com Read the full story...

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