ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Endorsement is Void Where Compliance is Impossible

September 21, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Sixth Circuit found that the insured’s loss of property due to fire was covered despite noncompliance with an endorsement requiring encompassing the property. 3371 Reading, LLC v. Liberty Mut Group, Inc., et al., 2026 U.S. App. LEXIS 19156 (6th Cir. June 29, 2026). The insured, 3371 Reading, owned a building undergoing renovation. After the structure burned down, 3371 Reading made a claim under its policy with Ohio Casualty Insurance Company. Ohio Casualty relied on an endorsement requiring fencing round the jobsite. 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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'Drywall Isn't Light': Peter Lupo on Safety Management at Standard Drywall

May 26, 2026 — Elaine Silver - Engineering News-Record
Peter Lupo has been safety director since 2019 at San Diego-based Standard Drywall Inc., a major wall and ceiling contractor. He draws on over two decades of safety experience across a wide range of commercial construction work, having previously served as safety director for general contractor T.B. Penick & Sons. He has also previously operated Peter Lupo Consulting, where he reviewed legal cases and provided expert testimony, and blogged on safety for ENR.com. Lupo recently spoke to ENR Correspondent Elaine Silver about the weight of drywall, heat hazard control, bilingual crews and how he supports safety creativity and learning on the Standard Drywall staff. The conversation has been edited. Read the full story...
Reprinted courtesy of Elaine Silver, Engineering News-Record
ENR may be contacted at enr@enr.com

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EPA, Maryland Sue DC Water Over Massive Potomac River Sewage Spill

May 14, 2026 — Jim Parsons - Engineering News-Record
The state of Maryland and the federal government have filed separate lawsuits against the District of Columbia Water and Sewer Authority (DC Water), both alleging that the agency’s failure to address longstanding deterioration in the Potomac Interceptor contributed to a weeklong release of more than 240 million gallons of raw sewage into the Potomac River this past January. Read the full story...
Reprinted courtesy of Jim Parsons, Engineering News-Record
ENR may be contacted at enr@enr.com

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Conditional Payment Bond Consideration-Make Sure There Is Pay-If-Paid Provision

June 29, 2026 — David Adelstein - Florida Construction Legal Updates
If a general contractor is going to have a conditional payment bond, it needs to ensure it subcontracts contain pay-if-paid or pay-when-paid provisions. This conditional payment language in subcontracts is the general contractor’s defense that it doesn’t have to pay a subcontractor UNTIL owner has paid the general contractor for the subcontractor’s work. The general contractor (and the surety) can look at the conditional payment bond with the s. 713.245 legend stamped on its face designating the conditional nature of the bond, and assume the conditional structure is locked in against the bond: no payment from the owner, no obligation to the subcontractors under the bond. But what happens when the subcontracts contain no express conditional payment language despite having a valid conditional payment bond? Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Federal Court Highlights the Strategic Value of Additional Insured Coverage

June 22, 2026 — Michael S. Levine - Hunton Insurance Recovery Blog
A recent decision from the District of Maryland underscores a recurring—but often underutilized—opportunity for policyholders: securing and enforcing additional insured coverage under another party’s liability policy. In Charter Oak Fire Insurance Co. v. Builders Premier Insurance Co., the court held that an equipment lessor qualified as an additional insured under the lessee’s policy and was entitled to a primary defense. The decision is a useful reminder that additional insured coverage can fundamentally shift defense obligations and materially reduce a policyholder’s exposure. We build on the decision to highlight the practical steps policyholders should take to ensure that all potentially available insurance is identified and pursued. Read the full story...
Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth LLP
Mr. Levine may be contacted at mlevine@hunton.com

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Pulling the Plug, Preserving the Product: Protecting Rights to a Modular Subcontractor’s Work Post-Termination

June 08, 2026 — Paul Williamson - ConsensusDocs
Volumetric Modular Construction (VMC) is a building method where a structure is divided into large components or modules, fabricated in an offsite factory and then transported to a construction site for assembly.[1] Proponents of VMC hail it as a cost-efficient alternative to traditional building methods that leads to more consistent quality and shorter construction duration.[2] Due to a growing labor shortage, high demand for compressed project schedules, and stagnant construction productivity rates, the construction industry is embracing VMC.[3] A recent report on the market size of prefabricated construction estimates that from 2026 to 2031, VMC will grow at a compound annual growth rate of 7.16% and become a 413.11-billion-dollar industry.[4] As VMC becomes more prevalent, owners, general contractors, and subcontractors must consider how to effectively contract for modular construction. One important consideration, which this article focuses on, is navigating termination of a modular subcontractor. Read the full story...
Reprinted courtesy of Paul Williamson, Peckar & Abramson, P.C.
Mr. Williamson may be contacted at pwilliamson@pecklaw.com

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Greg Katz Quoted in Insurance Journal Article About How Big Data & AI Are Driving Up Verdicts, Settlements

October 06, 2026 — Lewis Brisbois
National Managing Partner Greg Katz was recently quoted in an Insurance Journal article about how plaintiff's lawyers are harnessing big data and artificial intelligence to attempt to drive up jury awards and settlement demands. The article, titled "The Big Data/AI ‘Revolution’ Is Driving Up Verdicts, Settlements as Plaintiffs Buy In," points out that a growing number of personal injury and claims law firms, some of which are working with an influx of cash from investors and litigation funders, are using a multitude of high-tech tools to try to gain an advantage in litigation. They are using large online mock juries to test legal theories, big data to find sympathetic jurors and venues in which to try cases, and AI programs to analyze their own arguments and those of opponents. “They’re taking instincts and intuition out of the equation,” Mr. Katz told Insurance Journal. “They think they’ve come up with a different way to ring the bell and, in their words, add zeroes to awards.” Read the full story...
Reprinted courtesy of Lewis Brisbois

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Managing Rising Costs and Shifting Legal Risk for Florida High-Rise and Condominium Projects

May 05, 2026 — Stephen Hauptman - Ball Janik LLP
Florida's construction defect landscape is experiencing a major shift. The convergence of material and labor cost volatility, regulatory tightening, and increasingly complex litigation strategies is forcing associations, developers, and their counsel to rethink how they approach risk management and dispute resolution. For those managing large-scale condo and high-rise projects, the stakes have never been higher. The Cost Volatility Trap Construction material prices rose at a "staggering" 12.6% annualized rate during the first two months of 2026, according to recent industry analysis. Tariff impacts are projected to lead to more increases of 5.4% to 6.8%, depending on property type. For
GRSM Trial Team Holds Alameda County Asbestos Verdict to $900,000 Against $50 Million Demand

Crime Policy Insurance Quotes Falsely Represented the Scope of its Coverage

OSHA Investigating Bridge Accident Resulting in Construction Worker Fatality

Real Estate & Construction News Roundup (6/24/26) – HUD to Fund AI Grants, Luxury Hotel Deal Investment Activity to Surge, ESPCs to Fund Energy and Infrastructure Improvements

The Single Source of Truth in Construction Projects: Reality or Myth?

Narberth Mayor Urges Dubious Legal Action

Georgia Amends Anti-Indemnity Statute

Congratulations to BWB&O’s 2024 Southern California Super Lawyers!

This Company Wants to Cut Emissions to Zero in the Dirty Cement Business

Lienor Dealing With “Show Cause” Summons by Condominium Unit Owner

Comparing Contracts: A Review of the AIA 201 and ConsensusDocs - Part I

Loan Snarl Punishes Spain Builder Backed by Soros, Gates

First Suit to Enforce Business-Interruption Coverage Filed

Client Alert: Release of Liability Agreement Extinguishes Duty of Ordinary Care

Massachusetts High Court to Decide if Insurers Can Recoup Defense Costs

Bad Faith in the First Party Insurance Context

Nomos LLP Partner Garret Murai Recognized by Best Lawyers in America

Thomson Reuters Construction Law (Virginia Practice Series)

LEEDigation: A Different Take

Georgia Court Clarifies Landlord Liability for Construction Defects

Renovation Makes Old Arena Feel Brand New

Big Builder’s Analysis of the Top Ten Richest Counties

Don’t Get Caught Holding the Bag: Hold the State Liable When General Contractor Fails to Pay on a Public Project.

Georgia Supreme Court Limits Damages Under Georgia Computer Systems Protection Act

Insuring Lease/Leaseback Projects

Well-Insulated: Predict the Unpredictable Construction Costs

Alexander Moore Promoted to Managing Partner of Kahana Feld’s Oakland Office

Miami Building Boom Spreads Into Downtown’s Tent City

These Roads Aren’t Built for Wilder Weather Driven by Climate Change

Rent Increases During the Coronavirus Emergency Part II: Avoiding Violations Under California’s Anti-Price Gouging Statute

New Survey Reveals Overwhelmingly Optimistic Results on the Use of AI in Construction

Partner John Toohey and Senior Associate Sammy Daboussi Obtain a Complete Defense Verdict for Their Contractor Client!

The Association of Southern California Defense Counsel (ASCDC) and the Construction Defect Claims Managers Association (CDMA) Annual Construction Defect Seminar

Pennsylvania Superior Court Tightens Requirements for Co-Worker Affidavits in Asbestos Cases

Assignment of Construction Defect Claims Not Covered

California Court of Appeal Provides Clarity On What Triggers Supplemental Analysis Under California Environmental Quality Act

Georgia Court of Appeals Holds That Insurer Must Defend Oil Company Against Entire Lawsuit

Increasing Use of Construction Job Cameras

Emerging Issues in Construction CGL Insurance Part 1: Continuing or Progressive Loss Exclusions

Insurer Not Entitled to Summary Judgment on Construction Defect, Bad Faith Claims

Ruling Closes the Loop on Restrictive Additional Insured Endorsement – Reasonable Expectations of Insured Builder Prevails Over Intent of Insurer

Sometimes You Get Away with Unwritten Contracts. . .

Residential Interior Decorator Was Entitled to Lien and Was Not Engaging in Unlicensed Contracting

Chicago Debt Document Says $8.5B O'Hare Revamp May Be Delayed

Is Your Business Insured for the Coronavirus?

What Is a Construction Defect in California?

Chattanooga Bridge Collapse Likely Resulted From Impact

Hamptons Home Up for Foreclosure That May Set Record

Top Developments: 2025 - Issue 2

Social Engineering Scams Are On the Rise – Do I Have Insurance Coverage for That?

Justice Dept., EPA Ramp Up Environmental Justice Enforcement

Real Estate & Construction News Roundup (5/29/24) – Megaprojects on the Rise, Agency Guidance for CRE, and an Upbeat Forecast for Commercial Real Estate Investment

It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt Payment Requirements in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.

JPMorgan Blamed for ‘Zombie’ Properties in Miami Lawsuit

TOLLING AGREEMENTS: Construction Defect Lawyers use them to preserve Association Warranty Claims during Construction Defect Negotiations with Developers

A Special CDJ Thanksgiving Edition

'Major' Mass. Gas Leak Follows Feds Call For Regulation Changes One Year After Deadly Gas Explosions

Failing to Pay Prevailing Wages May Have Just Cost You More Than You Thought

Voluntary Payments Affirmative Defense Does Not Apply in Contract Cases

The Colorado Supreme Court holds that loans made to a construction company are not subject to the Mechanic’s Lien Trust Fund Statute

Quick Note: Insurer’s Denial of Coverage Waives Right to Enforce Post-Loss Policy Conditions

Colorado Homebuyers Must be in Privity of Contract with Developer to Assert Breach of Implied Warranty of Suitability

You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement

7 Areas where Technology is Shifting the Construction Business

New Member Added to Seattle Law Firm Williams Kastner

No Coverage for Defects in Subcontrator's Own Work

NY Construction Safety Firm Falsely Certified Workers, Says Manhattan DA

New York Governor Expected to Sign Legislation Greatly Expanding Recoverable Damages in Wrongful Death Actions

FIFA Inspecting Brazil’s World Cup Stadiums

Broken Buildings: Legal Rights and Remedies in the Wake of a Collapse

Evacuations in Santa Barbara County as more Mudslides are Predicted

Louisiana Enacts Important Tort Reform Legislation

Suffolk Pauses $1.5B Boston Tower Project for Safety Audit After Fire

Designer of World’s Tallest Building Wants to Turn Skyscrapers Into Batteries

Hawaii Bill Preserves Insurance Coverage in Lava Zones

Fourth Circuit Holds that a Municipal Stormwater Management Assessment is a Fee and Not a Prohibited Railroad Tax

Keller Group Fires Two Executives in Suspected Australia Profits Reporting Fraud

Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference

Settlement Payment May Preclude Finding of Policy Exhaustion: Scottsdale v. National Union

Building the Research and Healthcare Facilities of Tomorrow Without Impacting the Progress of Today