ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

White and Williams LLP Secures a Clean Sweep Dismissal of Architect's Professional Liability Coverage Lawsuit

August 16, 2026 — Daniel E. Bryer & Brendaliz Minaya Ruiz - White and Williams LLP
White and Williams LLP achieved a complete dismissal of professional liability coverage claims through a strategic defense led by Insurance Coverage and Bad Faith Practice Group attorneys Daniel E. Bryer, Partner and Brendaliz Minaya Ruiz, Associate. In a nuanced action styled, Vincent Cusumano Architect P.C., et al. v. Berkshire Hathaway Direct Insurance Company, et al., decided in the U.S. District Court for the District of New Jersey, plaintiffs asserted twelve pre-contractual and contractual-based causes of action against their liability insurer, Berkshire Hathaway Direct Insurance Company, and its insurance agent (collectively, “Defendants”) for denying a professional liability claim arising from plaintiffs’ prior work. Reprinted courtesy of Daniel E. Bryer, White and Williams LLP and Brendaliz Minaya Ruiz, White and Williams LLP Mr. Bryer may be contacted at bryerd@whiteandwilliams.com Ms. Ruiz may be contacted at minayaruizb@whiteandwilliams.com Read the full story...

---

Partner Bryan Stofferahn and Our Walnut Creek Team Secure Summary Judgment in a $28 Million Premises Liability Case!

September 15, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
BWB&O is proud to announce that Partner Bryan Stofferahn and the Walnut Creek Team secured a Summary Judgment on behalf of the firm’s clients, resulting in a complete dismissal of a negligence and premises liability claim. Plaintiff, a teenager, was riding his bicycle on private commercial property when he was struck by a vehicle. Plaintiff was in a coma for 6 weeks and developed major neurocognitive dysfunction from a traumatic brain injury. BWB&O’s clients are a commercial property owner and property management company, who Plaintiff contended were liable for his injuries based on the design, condition, operation, and management of the premises. Plaintiff had demanded $28 million in settlement of the claims against all defendants. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara, LLP

---

Insufficient Notice of Commencement and Construction Lien Rights

August 03, 2026 — David Adelstein - Florida Construction Legal Updates
When a party is preserving their construction lien rights, the party will look to the recorded Notice of Commencement. This is the recorded document that provides the lienor with the information for purposes of preserving construction lien rights. A Notice to Owner company will typically rely on the Notice of Commencement to serve Notices to Owners from lower tiers not in contract with the owner. However, when it comes to preparing the lien, a lienor should look beyond just the Notice of Commencement and also look to the property appraiser’s website as a backstop. In a recent case, a window company had the homeowner sign the Notice of Commencement and then filled in the information. The company naturally did this for the convenience of the homeowner that probably was unfamiliar with the Notice of Commencement process. Regardless, information in the Notice of Commencement was inaccurate. It failed to include all the real property owners. Thus, when a payment dispute arose and a construction lien was prepared, it did not identify all of the real property owners. All of the real property owners were added later during the pendency of a lien foreclosure lawsuit. The trial court denied the lien because of the defective / insufficient Notice of Commencement — the lienor assumed the risk of error by filling out the information in the Notice of Commencement. The trial court further denied the lien holding that because the work did not commence within 90 days of the Notice of Commencement, the Notice of Commencement is void. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

---

Properly Taking Judicial Notice of Florida’s Building Code

October 12, 2026 — David Adelstein - Florida Construction Legal Updates
Many construction defects cases involve Florida’s Building Code. A recent non-construction case, BSREP II PBG Resort, LLC v Ginsburg, 2026 WL 265226 (Fla. 4th DCA 2026), discussed a court taking judicial notice of a provision in the Florida Building Code. This case was a premise liability case where the plaintiff tripped in an asphalt parking lot. The plaintiff, without complying with proper procedural notice protocol, asked the court to take judicial notice of a section of Florida’s Building Code, i.e., admitting this section as relevant evidence in the case. The trial court granted the request for judicial notice and the plaintiff used this as the basis of her cross-examination, the jury instructions, and closing argument that the violation of this section of Florida’s Building Code was evidence of negligence. This was in error. First, Florida’s Building Code is NOT a statute but an administrative rule. Ginsburg, supra. As an administrative rule, a court “may” but is not obligated to take judicial notice of the rule – it is a permissive judicial notice request per Florida Statute s. 90.203 and 90.202(9). This is important because the trial court viewed Florida’s Building Code as a statute it mandatorily had to take judicial notice of per Florida Statute s. 90.201, which was in error. Because it was permissive, the plaintiff needed to comply with statutory procedural notice protocols, which the plaintiff failed to do. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

---

Settlement Agreements and Contracts Require a Meeting of the Minds

July 20, 2026 — David Adelstein - Florida Construction Legal Updates
A settlement agreement does not need to be executed for it to be enforceable as long as there was a MEETING OF THE MINDS. The same rings true for any contract regardless of whether the contract is signed – THERE NEEDS TO BE A MEETING OF THE MINDS. In a recent case dealing with the settlement agreement on a construction lien, the essential settlement terms (money and mutual release) were memorialized in an e-mail exchange between the parties (owner and subcontractor). The settlement required the owner to pay the principal amount plus some attorney’s fees and then a mutual general release would be prepared. In response to the confirmatory email, the owner sent a check, which the subcontractor deposited, but the owner refused to sign the release signed and sent by the subcontractor. The owner further claimed it doesn’t need to pay the attorney’s fees because the lien amount was paid in full. The subcontractor sued arguing the owner breached the terms of the settlement. The appellate court agreed. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

---

Micromobility in Smart Cities: Keeping the Wheels in Motion

May 26, 2026 — James P. Bobotek - Gravel2Gavel Construction & Real Estate Law Blog
Mobility is the lifeblood of any city. How people are able to travel in, out and within a metropolitan area is vital to its citizens, businesses, supply chains and social services. And as U.S. cities have expanded in size and population density, the strategies for addressing mobility have evolved. Many have taken different approaches to public transit, and each city boasts a dense tapestry of roadways, walking paths and various parking options. But as cities continue to reexamine infrastructure strategies through smart city technology, a new field of transportation has emerged—micromobility. Designed for short-distance travel using lightweight vehicles (bikes, e-bikes, e-scooters, etc.), the industry’s global net worth has grown exponentially in recent years to the tune of hundreds of billions, with one forecast predicting it could reach $340 billion by 2030. Micromobility also finds itself at the forefront of various smart city technological improvements. Geofencing has been implemented in U.S. cities to determine where micromobility vehicles can operate, control speed limits, and park utilizing the vehicles’ GPS location. Internet of Things (IoT) technologies (satellite-based location receivers, cloud communication, internet links, etc.) have improved vehicle lifespans by keeping track of when vehicles require service and prevent vandalism and theft. Data collected from vehi
Super Lawyers Names Five White and Williams LLP Attorneys to its Metro New York Lists

How AB5 has Changed the Employment Landscape

Heads I Win, Tails You Lose. Court Finds Indemnity Provision Went Too Far

Coverage Doomed for Failing Obtain Insurer's Consent for Settlement

Maui Wildfire Cleanup Advances to Debris Removal Phase

Real Estate & Construction News Round-Up (05/11/22)

Ten Firm Members Recognized as Super Lawyers or Rising Stars

Protect Projects From Higher Repair Costs and Property Damage

Leonard Fadeeff v. State Farm General Insurance Company

The Impact of the Russia-Ukraine Conflict on the Insurance Industry, Part One: Coverage, Exposure, and Losses

Building a Strong ESG Program Can Fuel Growth and Reduce Company Risk

Court Ends Trump Shutdown of NY's $5B Empire Wind, Second Offshore Project Revived

A Closer Look at an HOA Board Member’s Duty to Homeowners

WSDOT Seeks Retraction of Waiver Excluding Non-Minority Woman-Owned Businesses from Participation Goals

South Carolina School District Investigated by IRS and FBI

Manhattan Townhouse Sells for a Record $79.5 Million

Arctic Roads and Runways Face the Prospect of Rapid Decline

ESFI Spreads Awareness of Overhead Power Line Safety With "Always Look Up" Campaign

Bel Air Mansion Construction Draws Community Backlash

Insurance for Large Construction Equipment Such as a Crane

Department of Transportation Revises Its Rules Affecting Environmental Review of Transportation Projects

Two Lawyers From Hunton’s Insurance Recovery Group, Andrea DeField and Latosha Ellis, Selected for American Bar Association’s 2022 “On The Rise” Award

CDJ’s Year-End Review: The Top 12 CD Topics of 2015

Anti-Concurrent Causation Clause Eliminates Loss from Hurricane

Contractors Pay Heed: The Federal Circuit Clarifies Two Important Issues For Bid Protestors

Choice of Law Provisions in Construction Contracts

Can a Lease Force a Tenant's Insurer to Defend the Landlord?

Navigating Threshold Arbitration Issues in Construction Contracts

New Jersey Firm’s Fee Action Tossed for not Filing Substitution of Counsel

Oregon Construction Firm Sued for Construction Defects

Real Estate & Construction News Roundup (4/10/24) – Hotels Integrate AI, Baby-Boomers Stay Put, and Insurance Affects Housing Market

BWB&O’s Los Angeles Partner Eileen Gaisford and Associate Kelsey Kohnen Win a Motion for Terminating Sanctions!

Federal Defend Trade Secrets Act Enacted

Malerie Anderson Named to D Magazine’s 2023 Best Lawyers Under 40

Insurer's Motion for Summary Judgment on Faulty Workmanship Denied

There's No Place Like Home

Federal Magistrate Judge Recommends Rescission of Policies

Attention Contractors: U.S. Department of Labor Issues Guidance on Avoiding Discrimination When Using AI in Hiring

Anatomy of an Indemnity Provision

Florida Condo Collapse Victims Reach $1 Billion Settlement

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

"Multiple Claims" Provisions on Contractor's Professional Liability Policy Creates a Trap for Policyholders

Construction in the Time of Coronavirus

Real Estate & Construction News Roundup (2/5/25) – The Effect of Trump’s Policies on the Housing Market, Property Value Loss in the Face of Climate Change, and a Transitional Year for the Apartment Market

HUD Homeownership Push to Heed Lessons From Crisis, Castro Says

Pennsylvania’s Supreme Court Limits The Scope Of A Builder’s Implied Warranty Of Habitability

Wildfire Insurance Coverage Series, Part 7: How to Successfully Prepare, Submit and Negotiate the Claim

Broker for Homeowners Policy Has No Duty to Advise Insureds on Excess Flood Coverage

Court Adopts Magistrate's Recommendation to Deny Insurer's Summary Judgment Motion in Collapse Case

Meritage Acquires Legendary Communities

Housing Buoyed by 20-Year High for Vet’s Loans: Mortgages

When Projects Go Off Schedule: Navigating Construction Delays and Disputes

You Say Tomato, I Say Tomahto. But When it Comes to the CalOSHA Appeals Board, They Can Say it Any Way They Please

Vertical vs. Horizontal Exhaustion – California Supreme Court Issues Ruling Favorable to Policyholders

Bad News for Buyers: U.S. Mortgage Rates Hit Highest Since 2014

Colorado House Bill 1279 Stalls over 120-day Unit Owner Election Period

That Boilerplate Language May Just Land You in Hot Water

The Cheapest Place to Buy a House in the Hamptons

Wharf Holdings to Sell Entire Sino-Ocean Stake for $284 Million

Construction Defect Bill Introduced in California

Coffee Beans, Mars and the 50 States: Civil Code 1542 Waivers and Latent Defects

Skyline Bling: A $430 Million Hairpin Tower and Other Naked Bids for Tourism

The Unpost, Post: Dynamex and the Construction Indianapolis

Meet D1's Neutrals Series: KENNETH FLOREY

2024 Update to CEB’s Mechanics Liens Now Available

The World’s Largest 3D-Printed Neighborhood Is Here

Significant Victory for the Building Industry: Liberty Mutual is Rejected Once Again, This Time by the Third Appellate District in Holding SB800 is the Exclusive Remedy

Eighth Circuit Affirms Finding of Bad Faith, Award of Costs and Prejudgment Interest

Haight’s Kristian Moriarty Selected for Super Lawyers’ 2021 Southern California Rising Stars

Yet Another Reminder to ALWAYS Show Up for Court

BHA at The Basic Course in Texas Construction Law

2019 Promotions - New Partners at Haight

California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely Manufactured Offsite

Randy Okland Honored as 2019 Intermountain Legacy Award Winner

WATCH: 2023 Construction Economic Update and Forecast

Builder’s Be Wary of Insurance Policies that Provide No Coverage for Building: Mt. Hawley Ins. Co v. Creek Side at Parker HOA

Brian Newberry Accepted into ABOTA

Weather Delay Claim - Owner Delay Pushes Contractor into Worse Seasonal Adverse Weather

Tallest U.S. Skyscraper Dream Kept Alive by Irish Builder

New York Construction Practice Team Obtains Summary Judgment, Dismissal of Labor Law §240(1) Claim Against Municipal Entities

Release Of “Unknown” Claim Does Not Bar Release Of “Unaccrued” Claim: Fair Or Unfair?

Top 10 Insurance Cases of 2023

Certificates Of Merit For NC Lawsuits Against Engineers And Architects? (Still No)(Law Note)

Terms of Your Teaming Agreement Matter

“Number nine, Number nine…”: Newark Trial Team Obtains “No Cause” Verdict in Ninth Trial of Year

Are “Financial Hardship” Damages Recoverable?

Coverage Doomed for Failing Obtain Insurer's Consent for Settlement