ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Appeals Court Upholds Skanska, Granite Win in ‘I-4 Ultimate’ JV Dispute

June 15, 2026 — Bryan Gottlieb - Engineering News-Record
A federal appeals court has upheld a lower court’s decision requiring The Lane Construction Corp. to pay roughly $79 million in damages, plus interest, to joint venture partners Skanska USA Civil Southeast and Granite Construction for work on Florida’s I-4 Ultimate highway megaproject in Orlando, which was completed in 2022. Read the full story...
Reprinted courtesy of Bryan Gottlieb, Engineering News-Record
Mr. Gottlieb may be contacted at gottliebb@enr.com

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DOI Finalizes Long-Awaited Modernization of Type A Natural Resource Damage Assessment Regulations

August 03, 2026 — Amanda G. Halter, Ashleigh K. Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law Blog
For nearly three decades, the U.S. Department of the Interior’s (DOI) simplified “Type A” Natural Resource Damage Assessment (NRDA) regulations were available more in theory than in practice, constrained by dated models, narrow geographic applicability and a $100,000 cap that rarely matched the economics of modern environmental claims. DOI has now finalized revisions to the Type A natural resource damages assessment procedures under 43 C.F.R. Part 11 for hazardous substance releases under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Clean Water Act (CWA), with the final rule published in the Federal Register on July 13, 2026 and scheduled to become effective August 12, 2026. As discussed previously, DOI has sought to modernize what it views as an “inefficient and inflexible” process and restore the Type A procedure to its intended role as a more streamlined pathway for smaller, less contentious NRD claims. The final rule adopts a $5 million default damages threshold, allows use above that amount if all parties agree, clarifies that Type A may be used in all environments and for all natural resource types, and removes legacy model appendices that had tethered the process to outdated formulas. Reprinted courtesy of Amanda G. Halter, Pillsbury, Ashleigh K. Myers, Pillsbury and Jillian Marullo, Pillsbury Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Read the full story...

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New York Enacts First-in-the-Nation Statewide Data Center Moratorium

August 03, 2026 — Joshua L. Sturtevant - Sheppard
As of May 2026, nearly 12 gigawatts of data center load requests were in the New York Independent System Operator interconnection queue, with more than two-thirds of capacity requests entering the queue in 2025 alone. On July 14, 2026, in response to concerns over this rapid growth, Governor Kathy Hochul issued Executive Order No. 62 (the “Order”) imposing a temporary moratorium on data centers in New York State. Among the concerns cited in the Order are the cost burden on ratepayers associated with transmission upgrades required to accommodate large loads, potential environmental impacts, and large-scale water use. The moratorium is intended to halt activities while the state government develops a comprehensive legal framework for data center development. While dozens of municipal and county-level moratoriums are in place throughout the U.S., and while the legislatures of several states, including Maine, have proposed moratoriums, the Order is the first statewide moratorium to be enacted nationally. Read the full story...
Reprinted courtesy of Joshua L. Sturtevant, Sheppard
Mr. Sturtevant may be contacted at jsturtevant@sheppard.com

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2026 Construction Outlook: Dampening Outlook With Some Potential Bright Spots

February 17, 2026 — Garret Murai - California Construction Law Blog
According to Dodge Construction Network’s Outlook 2026 Ebook, “the construction industry came roaring into 2025” – with large government investments through the Infrastructure Bill and the CHIPS Act (promoting investment in the domestic semiconductor industry), as well as outsized spending on data centers to support cloud and AI technology – but “throttled back significantly” due to “rapid changes to economic and fiscal policies.” These changes include short-term cost impacts due to tariffs and labor impacts due to the federal government’s immigration crackdown and long-term concerns following enactment of the One Big Beautiful Bill (OBBBA) which is anticipated to add $3.4 trillion to the federal deficit over ten years. Read the full story...
Reprinted courtesy of Garret Murai, Nomos
Mr. Murai may be contacted at gmurai@nomosllp.com

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World's Longest Immersed Tunnel Passes Milestone, But Faces Delays

August 03, 2026 — James Leggate - Engineering News-Record
Work on the $8-billion Fehmarnbelt Tunnel, which is planned to link Germany and Denmark as the world’s longest immersed tunnel, is progressing as crews achieved a milestone last month with the successful immersion of its first precast concrete element. But Danish state-owned project owner Femern A/S says the plan is now running at least two years behind schedule and the tunnel’s road and rail portions will open in two separate stages. Read the full story...
Reprinted courtesy of James Leggate, Engineering News-Record
Mr. Leggate may be contacted at leggatej@enr.com

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Inaccurate Representations Can Lead to Differing Site Conditions Claim

May 26, 2026 — David Adelstein - Florida Construction Legal Updates
In the prior posting, I discussed a case dealing with a differing site condition. In that case, the owner did not have an affirmative duty to make a representation and there was no inaccurate representation made by the owner that misled the contractor. Well, what about when there is an inaccurate misrepresentation regarding the site? This was the circumstance in an older Florida case where a dredging contractor had a successful differing site conditions claim. See Jacksonville Port Authority v. Parkhill-Goodloe, Co., Inc., 362 So.2d 1009 (Fla. 1st DCA 1978). The government provided inaccurate information as to the lack of rock that would be encountered during the dredging that was relied on by the dredging contractor. But the government had “superior knowledge” that there was rock in an adjacent location based on a prior claim from a contractor, yet the government did not disclose the possibility that rock could be encountered. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Arizona Court Enters $323 Million Judgment Against ZOM Living Following Unanimous Jury Verdict

May 26, 2026 — Gray Development Group
PHOENIX, May 19, 2026 /PRNewswire/ -- A Maricopa County court has entered a $323 million compensatory damages judgment in favor of Gray Development Group against ZOM Holding Inc., doing business as ZOM Living, following a 12-day trial, a unanimous jury verdict and post-trial proceedings related to a proposed business transaction. The jury found ZOM liable on claims of breach of contract and breach of the implied covenant of good faith and fair dealing stemming from a proposed joint venture tied to a planned pipeline of luxury multifamily and commercial projects in Phoenix and Scottsdale. The lawsuit centered on a 13-project, $1.4 billion development pipeline originated and planned by Gray Development Group over more than a decade. In 2019, Gray invited Florida-based ZOM to participate in a joint venture involving the completion of five projects, which would have marked ZOM's entry into the Arizona market. According to court findings presented at trial, the companies entered into a mutual confidentiality and non-circumvention agreement before Gray shared extensive sensitive and proprietary information related to the projects, including planning, market analysis, costs, financial data, local business relationships and operational strategies developed by Gray over decades in Arizona. Evidence presented during trial showed that over a 10-month period while under contract, ZOM made hundreds of requests for confidential project and market information before circumventing Gray and pursuing the projects independently, ultimately displacing Gray from projects it spent years planning and developing. ZOM Living, headquartered in Orlando, develops multifamily and senior housing communities across the United States and operates regional offices in Boston, Dallas, Fort Lauderdale, Nashville, Phoenix, and Raleigh. ZOM is owned by Timeless Investments, the Amsterdam-based family office of Dutch businessman Hans van Veggel, which acquired the company in 1997. About Gray Development Group Gray Development Group was founded by architect Bruce Gray in 1991. The Phoenix-based company was the top-ranked multifamily developer in Arizona for more than a decade. The company designed and developed more than 15,000 apartment and condominium units throughout metropolitan Phoenix. Two Gray-designed developments — a Tempe midrise and a San Diego high-rise — received National Apartment Community of the Year awards.

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Buffalo, NY Stadium Work Resumes After Suspects ID'ed in $150K Graffiti Vandalism

March 17, 2026 — Emell D. Adolphus - Engineering News-Record
Construction work is back on track at Highmark Stadium in Orchard Park, N.Y., after police identifed, but did not arrest t
Connecticut Federal District Court Again Finds "Collapse" Provisions Ambiguous

Federal Regulatory Recap: A Summary of Recent Rulemaking Actions Taken or Proposed Affecting the Energy Industry

Look Out! Texas Building Shedding Marble Panels

Recovering Time and Costs from Hurricane Helene: Force Majeure Solutions for Contractors

Insureds' Not Entitled to Recov
COVID-19 Vaccine Considerations for Employers in the Construction Industry

Construction Attorneys Tell DBR that Business is on the Rise

Eighth Circuit Rejects Retroactive Application of Construction Defect Legislation

Congratulations to Associate Madeline Arcellana on Her Selection as a Top Rank Attorney in Southern Nevada!

Formal Request for Time Extension Not Always Required to Support Constructive Acceleration

Congratulations to Las Vegas Partner Jeffrey W. Saab and Associate Shanna B. Carter on Obtaining Another Defense Award at Arbitration!

Your “Independent Contractor” Clause Just Got a Little Less Relevant

Protecting Expert Opinions: Lessons Regarding Attorney-Client Privilege and Expert Retention in Construction Litigation

Hunton Insurance Partner Syed Ahmad Named to Benchmark Litigation’s 2019 40 & Under Hot List

First Lumber, Now Drywall as Canada-U.S. Trade Tensions Escalate

Defense Owed to Insured Subcontractor, but not to Additional Insured

Real Estate & Construction News Round-Up (03/01/23) – Mass Timber, IIJA Funding, and Distressed Real Estate

Over 50 Lewis Brisbois Attorneys Recognized in 6th Edition of Best Lawyers: Ones to Watch in America

New Iowa Law Revises Construction Defects Statute of Repose

What Made the Savannah Harbor Upgrade So Complicated?

Who's Who Legal Recognizes Two White and Williams Lawyers as Thought/Global Leaders in Insurance and Reinsurance

If You Can’t Dazzle Em’ With Brilliance, Baffle Em’ With BS: Apprentices on Public Works Projects

Meet the Forum's ADR Neutrals: LESLIE KING O'NEAL

Assembly Bill 1701 Contemplates Broader Duty to Subcontractor’s Employees by General Contractor

Kahana Feld Enters National Law Journal 500 List for 2025

Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue

Insurer Incorrectly Relies Upon "Your Work" Exclusion to Deny Coverage

Cape Town Seeks World Cup Stadium Construction Collusion Damages

Court Upholds Appraisers' Use of "Increased Cost of Construction" Provision

Condominium Construction Defect Resolution in the District of Columbia

Recommendations and Drafting Considerations for Construction Contingency Clauses Part III

The Show Must Go On: Shuttered Venues Operators Grant Provides Lifeline for Live Music and Theater Venues

What To Do When the Government is Slow to Decide a Claim?

Washington State Safety Officials Cite Contractor After Worker's Fatal Fall

Zell Says Homeownership Rate to Fall as Marriages Delayed

Canada to Ban Foreigners From Buying Homes as Prices Soar

Want to Use Drones in Your Construction Project? FAA Has Just Made It Easier.

Bats, Water, Soil, and Bridges- an Engineer’s dream

Improper Classification Under Davis Bacon Can Be Costly

Congratulations to BWB&O’s 2026 Super Lawyers and Rising Stars Honorees!

I’m Sorry, So Sorry: Legal Implications of Apologies and Admissions of Fault for Delaware Healthcare Professionals

Connecticut Grapples With Failing Concrete Foundations

Does the Recording of a Mechanic’s Lien Memorandum by Itself Constitute Process? Read to Find Out

Estoppel Certificate? Estop and Check Your Lease

Can an Architect, Hired by an Owner, Be Sued by the General Contractor?

Guardrail Maker Defrauded U.S. of $175 Million and Created Hazard, Jury Says

Want to Stay Up on Your Mechanic’s Lien Deadlines? Write a Letter or Two

High Court Could Alter Point-Source Discharge Definition in Taking Clean-Water Case

LaGuardia Airport Is a Mess. An Engineer-Turned-Fund Manager Has a Fix

Balfour Taps Qinetiq’s Quinn as new CEO to Revamp Builder

Iowa Court Holds Defective Work Performed by Insured's Subcontractor Constitutes an "Occurrence"

Berger: FIGG Is Slow To Hand Over All Bridge Collapse Data

Ninth Circuit Rules Supreme Court’s Two-Part Test of Implied Certification under the False Claims Act Mandatory

Tightest Credit Market in 16 Years Rejects Bernanke’s Bid

Pennsylvania Considers Changes to Construction Code Review