ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

New Executive Order Prohibits Federal Contractors from Engaging in DEI Through Employment and Procurement Activities

April 27, 2026 — Laura De Santos & Monica Prieto - Gordon Rees Scully Mansukhani
On March 26, 2026, President Trump signed Executive Order 14398, entitled Addressing DEI Discrimination by Federal Contractors, requiring federal agencies to add contractual language in all federal contracts prohibiting contractors and subcontractors from engaging in any racially discriminatory DEI activities, as defined by the Executive Order (EO). While this EO includes language similar to prior DEI-related orders, it introduces a significant expansion in enforcement by subjecting non-compliant contractors to liability under the False Claims Act (FCA), including exposure to whistleblower actions and qui tam litigation. A qui tam claim is a civil action by a private individual on behalf of the government alleging fraud against federal programs and seeking to recover damages. The new EO states that involvement in any racially discriminatory DEI activities is not only unethical and illegal, but also deemed fraudulent against federal programs because it is material to the government’s payment decisions. The definition of DEI activities here matters, as this EO expands a contractor’s obligations beyond the management of its employment policies and includes prohibitions against funding or expending time or resources on DEI activities and contracting with subcontractors, vendors, or suppliers utilizing DEI programs. Read the full story...
Reprinted courtesy of Laura De Santos, Gordon Rees Scully Mansukhani
Ms. De Santos may be contacted at ldesantos@grsm.com

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Subcontrator’s Insurer Must Reimburse for Defense of Contractor

January 21, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court determined that the subcontractor’s insurer owed a defense to the additional insured general contractor in a bodily injury suit. Charter Oak Fire Ins. Co. v. Liberty Mut. Fire Ins Co., 2025 U.S. Dist. LEXIS 227712 (S.D. W. V. Nov. 19, 2025). A.L.L. Construction, Inc. was the general contractor for a construction project. West Virginia Paving, Inc. was the subcontractor for paving work. After construction began, Charlottee Smith allegedly fell and was injured due to A.L.L. and West Virginia Paving’s negligent work. She sued both A.L.L. and West Virgina Paving. Smith and West Virginia Paving settled. 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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Top Developments 2025 - Issue 4

December 22, 2025 — John S. Anooshian, Paul A. Briganti, Elizabeth L. Ferguson, Alexandra M. George & Haley S. Newman - The Complex Insurance Coverage Reporter
“ARISING OUT OF” Rowe v. State Mut. Ins. Co., 2025 Me. LEXIS 89 (Me., Sept. 23, 2025) Maine Supreme Court, in the premises liability context, holds that an exclusion in a mobile homeowners policy for injury or damage "arising out of a premises . . . that is not an insured location'” precluded coverage for underlying negligent failure-to-warn claims. The court looked to authority from a workers compensation case, where it stated that “the term ‘arising out of' employment means that there must be some causal connection between the conditions under which the employee worked and the injury, or that the injury, in some proximate way, had its origin, its source, or its cause in the employment. . . . [T]he employment need not be the sole or predominant causal factor for the injury and . . . the causative circumstance need not have been foreseen or expected.” In this case, it found there to be “an immediate relationship between the injury and a condition of the uninsured premises” (specifically, a gap created by the owner-insured at the entrance to a mobile home), and rejected the claimant’s argument that the injury instead arose from the insureds’ negligent conduct in failing to warn. Separately, the court held that the property did not qualify as an “insured location,” reasoning it was not listed in the declarations and there was no evidence the insureds had resided there or acquired it for use as a residence. Reprinted courtesy of John S. Anooshian, White and Williams LLP, Paul A. Briganti, White and Williams LLP, Elizabeth L. Ferguson, White and Williams LLP, Alexandra M. George, White and Williams LLP and Haley S. Newman, White and Williams LLP Mr. Anooshian may be contacted at anooshianj@whiteandwilliams.com Mr. Briganti may be contacted at brigantip@whiteandwilliams.com Ms. Ferguson may be contacted at fergusone@whiteandwilliams.com Ms. Newman may be contacted at newmanh@whiteandwilliams.com Read the full story...

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Texas Restricts Foreign Ownership of Real Property

November 09, 2025 — Anna Luczkow - Lewis Brisbois Newsroom
Houston, Tex. (October 9, 2025) - Effective September 1, 2025, certain foreign individuals and entities are no longer able to purchase or acquire an interest in real property in Texas. Governor Abott signed Senate Bill 17 into law on June 20, 2025, amending Chapter 5 of the Texas Property Code to add Subchapter H. The new legislation targets governmental entities of and companies, organizations, and individuals from “designated countries,” which Subchapter H defines as countries that the U.S. Director of National Intelligence identifies as posing a risk to United States national security, or additional countries that the governor designates after determining that the purchase or acquisition poses a risk to national security. Subchapter H initially designates China, Russia, Iran, and North Korea as posing such risk. “Companies” and “organizations” collectively include not only associations, corporations, partnerships, and limited liability companies, but real estate investment trusts, joint ventures, insurance companies, and non-profit organizations. Read the full story...
Reprinted courtesy of Anna Luczkow, Lewis Brisbois
Ms. Luczkow may be contacted at Anna.Luczkow@lewisbrisbois.com

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Court to General Contractor: Too Late to Reclaim $600K Sub Overpayment

March 03, 2026 — Richard Korman - Engineering News-Record
Massachusetts contractors and their attorneys are once again testing the limits of the state's 15-year-old prompt-pay law, with concerned prime contractors asking an appeals court to overturn a lower court ruling that they believe gives subcontractors a powerful upper hand in payment disputes. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

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PSA: Be Sure to Document (Even When Time is Short)

April 14, 2026 — Christopher G. Hill - Construction Law Musings
Written change orders are a big deal. Almost all construction contracts (at least the well drafted ones) require written contracts. Written change orders are even important enough that Virginia law requires these provisions in residential construction contracts. Why are they so important? Because they are a “mini-contract” of sorts. They set the expectations, price, time, and work to be performed; work that was not included in the original price or scope for the project. Without this in writing, there will be no record of what the parties agreed to do. Does this sound familiar? Sound like its own contract? It should. Read th
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