ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Seattle Team Obtains Summary Judgment in Real Estate Broker Professional Liability Action

July 20, 2026 — Lewis Brisbois
Seattle Partner Kathleen A. Nelson and Associate Synova M. L. Edwards prevailed on a hotly contested motion for summary judgment in Whatcom County, Washington court in a real estate broker professional liability action. The plaintiff filed an action against Lewis Brisbois' clients, a real estate agent and brokerage firm, among several others, including the title company, purchasers and others related to the sale of real property following his complicated and long running divorce action. These claims primarily arose out of the clients’ reliance on an order signed by the court in the underlying divorce action. The order allowed the clients to execute the purchase and sale agreement, as the plaintiff was non-cooperative. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Newmeyer Dillion Partner Jeff Masters Recognized by Chambers USA for Representation of Insurance Policyholders

June 08, 2026 — Newmeyer Dillion
NEWPORT BEACH, Calif. – June 4, 2026 – Newmeyer Dillion is proud to announce that litigation partner Jeffrey D. Masters has been ranked among a select group of California lawyers representing insurance policyholders in the 2026 edition of Chambers USA. This marks two consecutive years of recognition for Masters by this prestigious international attorney rating resource. "This recognition by Chambers and Partners is a testament to Jeff’s dedication to our clients," said Managing Partner, Paul Tetzloff. "We are thrilled to see his hard work acknowledged and the level of passion and care that he delivers to clients fully recognized." Read the full story...
Reprinted courtesy of Newmeyer Dillion

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That’s a Wrap! Pennsylvania Court Holds Arbitration Clause in Online Agreement Unenforceable

May 14, 2026 — Gus Sara - The Subrogation Strategist
In Duffy v. Tatum, 2026 Pa. Super. LEXIS 112, 2026 PA Super 41, the Superior Court of Pennsylvania (Superior Court) considered whether an arbitration provision contained in the online Terms of Service on the defendant’s website were enforceable. The plaintiff, Daniel Duffy (Duffy), visited the website of defendant, Dolly, Inc. (Dolly), to purchase moving services. Duffy selected the number of movers, items to be moved and the type of vehicle needed. To complete the booking, the website required Duffy to checkmark a box labeled “By checking this box I accept the Dolly Terms of Service.” Duffy did not have to open the link or scroll to the bottom of the agreement before being able to click on the checkmark box. The Terms of Service included an arbitration provision requiring that any dispute related to the moving services to be resolved by arbitration in accordance with the American Arbitration Association. The Terms of Service did not include any statement that the user was waiving the right to a jury trial. The Superior Court found the internet Terms of Service unenforceable. During the moving process, an accident occurred and injured Duffy. In May 2024, Duffy and his wife sued Dolly and other related entities alleging negligence and loss of consortium. Dolly filed preliminary objections alleging that the parties agreed to alternative dispute resolution. The lower court overruled the preliminary objections, finding that Dolly’s website did not provide reasonably obvious notice of its Terms of Service to Duffy and, as such, Duffy never agreed to waive his constructional right to a jury trial. Dolly filed an appeal to the Superior Court. Read the full story...
Reprinted courtesy of Gus Sara, White and Williams LLP
Mr. Sara may be contacted at sarag@whiteandwilliams.com

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Anti-Concurrent Causation Clause Prevents Coverage for Collapse

April 27, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The appellate court affirmed the decision of the trial court granting summary judgment to the insurer after agreeing that the policy’s anti-concurrent causation clause barred coverage. Lido Hospitality, Inc. v. AIX Specialty Ins. Co., 2026 Iii. App. Unpub. LEXIS 133 (Ill. Ct. App. Jan. 27, 2026). One of the brick veneer walls of the Lido Motel collapsed during a windstorm. Lido reported the loss it its insurer, AIX. AIX investigated and determined that the brick veneer collapsed due to pervasive wear and tear and corrosion of the underlying infrastructure that secured the veneer- specifically the components that anchored or tied the masonry veneer to the underlying wooden substrate. 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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Structuring Water Resilience for Data Center Development: Water Rights, Reuse Incentives, and Emerging Disclosure Risk

March 10, 2026 — Ashleigh Myers, Jillian Marullo & Jason Drogin Atwood - Gravel2Gavel Construction & Real Estate Law Blog
As AI-driven data center development accelerates, developers, communities and regulators are increasingly focused on water demand—both the volume required and the sources from which that water will be drawn. While industry attention has largely centered on electricity procurement and grid impacts, the availability and legal entitlement to a firm water supply has become equally material to siting, permitting and community acceptance. Particularly as surface and groundwater supplies become increasingly constrained and new projects are sited in regions experiencing tighter hydrologic conditions or growth-related supply constraints, project teams are increasingly integrating water supply analysis into early-stage development to address issues that can materially affect schedule, financing and long-term operations. Reprinted courtesy of Ashleigh Myers, Pillsbury, Jillian Marullo, Pillsbury and Jason Drogin Atwood, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Mr. Atwood may be contacted at jason.atwood@pillsburylaw.com Read the full story...

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SDV Celebrates 30th Anniversary Press Release

April 08, 2026 — Saxe Doernberger & Vita, P.C.
Trumbull, Connecticut – Saxe Doernberger & Vita, P.C. (SDV) is proud to announce the celebration of its 30th anniversary. Founded in 1996 by three attorneys in a small New Haven, Connecticut office, SDV was built on a clear and focused mission: representing policyholders in insurance coverage matters. Three decades later, that commitment remains at the core of the firm’s identity and has been instrumental in its continued success and reputation nationwide. Today, SDV is a nationally recognized boutique firm with 50 attorneys serving policyholders across the United States. Building on its longstanding reputation for excellence and client advocacy, the firm is pleased to announce the opening of its newest office in Massachusetts—an exciting milestone that reflects SDV’s continued growth. The new office is led by Managing Partner Anna Perry. Read the full story...
Reprinted courtesy of Saxe Doernberger & Vita, P.C.

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HHMR Honored as a 2026 Denver Business Journal Best Places to Work Recipient

March 10, 2026 — David McLain - Colorado Construction Litigation Blog
We are pleased to share that Higgins, Hopkins, McLain & Roswell has been named a 2026 Denver Business Journal Best Places to Work honoree, a recognition grounded entirely in direct feedback from our own team members. The Denver Business Journal Best Places to Work program, in partnership with Quantum Workplace, ranks organizations based on anonymous employee engagement survey results that measure culture, leadership, communication, trust, team dynamics, and satisfaction. This year’s list includes 65 companies across the Denver metropolitan area, judged by the people who know these workplaces best: their employees. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
Mr. McLain may be contacted at mclain@hhmrlaw.com

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Why and When Construction Robotics Makes Sense

February 10, 2026 — Aarni Heiskanen - AEC Business
In construction, robotics is often discussed in terms of technology: better AI, more capable machines, and robots on job sites. Recent research suggests that the question is less about whether robots can work and more about when and why they deliver real value. An Aalto University research paper on computer-vision-driven robotic waste sorting offers a valuable lens into this. The researchers use ZenRobotics’ computer-vision-enabled automated system as a case study. The Finnish startup was acquired by Terex, a U.S. company, in 2022. At first glance, waste sorting might seem like a niche application. But it illustrates a broader economic logic that aligns with findings across the broader body of research on construction robotics. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepar
Court of Appeal Puts the “
Yet ANOTHER Reason not to Contract without a License

PPP Loan Extension Ending Aug. 8

Subcontractors Must be Careful Providing Bonds when General Contractor Does Not

Pennsylvania Finds Policy Triggered When Property Damage Reasonably Apparent

Wichita Condo Association Files Construction Defect Lawsuit

Number of Occurrences Depends on Who is Sued

Small to Midsize Builders Making Profit on Overlooked Lots

Navigating D&O Coverage for Cyber Fraud: Lessons from Alaska

Insurer Must Produce Documents After Failing To Show They Are Confidential

Mercury Insurance Builds Climate Science Team to Tackle the Impact of Extreme Weather Events

Partners Patti Santelle and Gale White honored by as "Top Women in Law" The Legal Intelligencer

CGL Insurer’s Duty to Defend Insured During Pre-Suit 558 Process: Maybe?

Construction Contract Clauses Which Go Bump in the Night – Part 1

TxDOT, Flatiron/Dragados Mostly Resolve Bridge Design Dispute

At the Border of Contract and Torts in Construction Disputes

How Will Artificial Intelligence Impact Construction Litigation?

25 Days After Explosion, Another Utility Shuts Off Gas in Boston Area

Court or Arbitration? Why Contractors Can’t Afford to Get this Wrong

How a Robot-Built Habitat on Mars Could Change Construction on Earth

MTA Debarment Update

NYPD Investigating Two White Flags on Brooklyn Bridge

Windstorm Exclusion Found Ambiguous

Damage to Plaintiffs' Home Caused By Unmoored Boats Survives Surface Water Exclusion

No Coverage for Negligent Misrepresentation without Allegations of “Bodily Injury” or “Property Damage”

2019 California Construction Law Update

From the Ground Up

Distressed Home Sales Shrinking

Power Hungry: AI-Fueled Data Center Boom Sets Energy Delivery’s New Course

Reminder: Just Being Incorporated Isn’t Enough

Formal Opinion No. 2020-203: How A Lawyer Is to Handle Access to Client Confidential Information and Anticipation of Potential Security Issues

The Importance of Indemnification Clauses in Managing Post-Completion Project Risk

Flint Water Suits Against Engineers Will Go to Trial, Judge Says

No Coverage For Construction Defects Under Alabama Law

Performing Work with a Suspended CSLB License Costs Big: Subcontractor Faces $18,000,000 Disgorgement

Speak Now or Forever Sign That Release – Part 1

Dispute Over Amount Insured Owes Public Adjuster Resolved

Home Builders Wear Many Hats

One More Thing Moving From California to Texas: Wildfire Risk

#9 CDJ Topic: Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al.

Chambers USA 2021 Recognizes Five Partners and Two Practices at Lewis Brisbois

Policy Renewals: Has Your Insurer Been Naughty or Nice?

From the Ashes: Reconstructing After the Maui Wildfire

Traub Lieberman Partner Ryan Jones Provides Testimony Before Florida Senate Committees

Texas Federal Court Upholds Professional Services Exclusion to Preclude Duty to Defend

Thomson Reuters Construction Law (Virginia Practice Series)

Here's How Much You Can Make by Renting Out Your Home

Insurer Granted Summary Judgment, in Part, After Partial Payment of Claim

Chicago Aldermen Tell Casino Bidders: This Is a Union Town

Seven Kahana Feld Attorneys Recognized in The Best Lawyers in America® 2026

Contractual Waiver of Consequential Damages
>What Clauses Must a Contract Include?
prop="name">Trump Order Waives Project Environment Rules to Push COVID-19 Recovery

Fourth Circuit Finds Insurer Reservation of Rights Letters Inadequate to Preserve Coverage Defenses Under South Carolina Law

Carroll Brock of Larchmont Homes Dies at Age 88

Housing Bill Threatened by Rift on Help for Disadvantaged

WSHB Managing Partner Chad Dunigan Named Finalist for Jerrold S. Oliver "Ollie" Award of Excellence

Contractor Side Deals Can Waive Rights

Discussion of the Discovery Rule and Tolling Statute of Limitations

Eighth Circuit Affirms Judgment for Bad Faith after Insured's Home Destroyed by Fire

Court Finds that Subcontractor Lacks Standing to Appeal Summary Judgment Order Simply Because Subcontractor “Might” Lose at Trial Due to Order

Congratulations to BWB&O’s 2021 Super Lawyers Rising Stars!