ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

LA Scores Major Victory in a High-Exposure Premises Liability Action

July 06, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Our firm is proud to announce a decisive defense victory obtained by Partner Daniel Crespo and Associate Lauren Landau for our client in a high-exposure premises liability action arising from a 2022 incident at an active school construction site in Perris, California. On March 10, 2026, the Riverside County Superior Court granted Summary Judgment in full for our client, dismissing all claims brought by Plaintiff, who alleged she tripped and fell over a curb while picking up her daughter from school and sustained ankle and wrist injuries as a result. Through meticulous preparation and the strategic use of construction plans, contractual documents, and onsite surveillance video evidence, our team demonstrated that our client had no ownership, possession, or control over the portion of the existing sidewalk where the incident occurred, with construction plans unambiguously designating the area as pre-existing concrete outside our client’s scope of work, and the Construction Services Agreement expressly reserving control over all existing site improvements to the school district. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

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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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Differing Site Conditions Claim Requires a Misrepresentation

May 14, 2026 — David Adelstein - Florida Construction Legal Updates
If you are entertaining a differing site conditions claim, consider this Third District Court of Appeals case from the mid-90s. In Hendry Corp. v. Metropolitan Dade County, 648 So.2d 140 (Fla. 3d DCA 1995), a contractor was hired by Dade County to demolish the old Rickenbacker Causeway in Miami. The original 1941 plans of the causeway were made available to contractors. The lowest bidding contractor that was awarded the project based its bid “on its conclusion that the pilings supporting the old bridge were made of concrete.” Hendry, supra at 141. The contractor based this conclusion on the original plans, its visual observation, and experience. 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 of Appeals Clarifies Homeowners Association Open Meeting Requirements

June 29, 2026 — Jill Casson Owen, Benjamin J. Hawkins & Stephen Wright - Snell & Wilmer
A Z N H Revocable Trust v. Sunland Springs Village Homeowners Association, No. 1 CA-CV 25-0424 (Ariz. Ct. App. Apr. 28, 2026) OVERVIEW The Arizona Court of Appeals issued an opinion clarifying how homeowners associations must conduct meetings under A.R.S. § 33-1804. The decision reinforces the legislative policy favoring transparency in association governance, bringing association meeting requirements more in line with the open meeting standards applicable to public bodies under A.R.S. § 38-431 et seq. (Arizona’s Open Meeting Law). KEY HOLDINGS 1. All Voting and Formal Actions Must Occur in Open Meetings The Court affirmed that association boards cannot vote or take formal action during closed (executive) sessions. Under A.R.S. § 33-1804(A), associations may close portions of meetings only for “consideration” of certain enumerated topics, such as legal advice, pending litigation, or personal/financial information about individual members. The Court interpreted “consideration” to mean discussion and deliberation, not voting. The Court noted that dictionaries define “consider” as “spending time thinking about a possibility” and “formulating an opinion,” which are processes that precede formal action. This interpretation mirrors how Arizona’s Open Meeting Law (A.R.S. § 38-431.03(D)) prohibits public bodies from voting in executive session. Reprinted courtesy of Jill Casson Owen, Snell & Wilmer, Benjamin J. Hawkins, Snell & Wilmer and Stephen Wright, Snell & Wilmer Ms. Owen may be contacted at jowen@swlaw.com Mr. Hawkins may be contacted at bhawkins@swlaw.com Mr. Wright may be contacted at swright@swlaw.com Read the full story...

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Self-Healing Infrastructure Could Pave the Road to the Future

May 05, 2026 — Allan C. Van Vliet - Gravel2Gavel Construction & Real Estate Law Blog
A single hairline crack in a bridge deck can seem insignificant. But left undetected, minor cracks and fissures expand, water seeps in, steel corrodes and repair costs start to increase. This risk multiplies across thousands of miles of aging highways and bridges nationwide. As infrastructure endures increasing strain from heavier traffic, extreme weather and deferred maintenance, engineers are exploring “self-healing” systems, where streets and bridges are built with materials that can repair themselves. Concrete, asphalt and composites capable of detecting and mending microcracks autonomously are moving from laboratory research to pilot projects. But while emerging technology promises longer-lasting infrastructure, it also raises questions about long-term maintenance, performance guarantees, procurement frameworks and risk allocation. Read the full story...
Reprinted courtesy of Allan C. Van Vliet, Pillsbury
Mr. Van Vliet may be contacted at allan.vanvliet@pillsburylaw.com

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Oracle's $16B Michigan Data Center Secures Financing as Power Contracts Face Appeals

June 08, 2026 — Bryan Gottlieb - Engineering News-Record
A $16 billion hyperscale data center under construction outside Ann Arbor, Mich., has secured financing backed by Blackstone and other institutional investors, even as the project's power supply agreements now face a legal challenge before the Michigan Court of Appeals. 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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Congratulations to BWB&O’s Orange County Team for Securing a Strong MSJ Result in a Residential Gas Explosion Matter!

May 14, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Huge Congratulations to Partner Kevin Wheeler and Associate Lindsey Wells for securing a strong result on a Motion for Summary Judgment / Summary Adjudication filed on behalf of their client, the City of Murrieta. This was a complex, multi-party matter arising from a residential gas leak and explosion, where Plaintiffs alleged the City and MFPD failed to properly respond to the incident. After multiple complaints were consolidated and extensive defense work narrowed the case, eighteen plaintiffs remained asserting five causes of action against the City, prompting a comprehensive MSJ/MSA targeting liability, causation, and damages. The Court’s ruling reflects a significant win, particularly on the immunity framework. The Court eliminated the core negligence and assumed-duty claims arising from fire protection and emergency response activities. It further disposed of the misrepresentation and public nuisance claims. At the end of the day, three plaintiffs were dismissed entirely for fail
Client Alert: Expert Testimony in Indemnity Action Not Limited to Opinions Presented in Underlying Matter

Federal Court Strikes Down 'Persuader' Rule

Experts: Best Bet in $300M Osage Nation Wind Farm Dispute Is Negotiation

Los Angeles Team Secures Summary Judgment for Hotel Owner & Manager in Tenant’s Lawsuit

Harmon Tower Demolition on Hold Due to Insurer

Plaintiffs In Construction Defect Cases to Recover For Emotional Damages?

Washington State Lawmakers Pass Statewide Rent Stabilization Legislation

Construction Law Firm Opens in D.C.

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

Giant Gas Pipeline Owner, Contractor in $900M Payment Battle

Real Estate & Construction News Roundup (3/19/25) – Data Center REITs, AI-Based Tools and CHIPS on the Chopping Block

Construction Litigation Roundup: “Who Needs Them”

2015 California Construction Law Update

Court of Appeals Confirms that King County Superior C
EEOC Sues Schuff Steel, J.A. Croson in New Racial Harassment Cases

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

Are Defense Costs In Addition to Policy Limits?

Montrose Language Interpreted: How Many Policies Are Implicated By A Construction Defect That Later Causes a Flood?

South Carolina Law Clarifies Statue of Repose

Rise in Single-Family Construction Anticipated in Michigan

Developers Can Tap into DOE’s $400 Million for Remote and Rural Clean Energy Projects

GRSM Attorneys Selected to 2024 Super Lawyers and Rising Stars Lists

A Vision and Strategy for the Adoption of Open International Standards

May Heat Wave Deaths Prompt New Cooling Rules in Chicago

Traub Lieberman Attorneys Recognized as 2022 New York – Metro Super Lawyers®

NEHRP Recommendations Likely To Improve Seismic Design

$1.9 Trillion Stimulus: Five Things Employers Need to Know

Rainwater Collecting on Rooftop is not Subject to Policy's Flood Sublimits

Congratulations to Las Vegas Partner Jeffrey Saab and Senior Associate Shanna Carter on Winning Another Motion for Summary Judgment!

Construction Defect Scam Tied to Organized Crime?

Seattle’s Newest Residential Developer

Contractors: Consult Your Insurance Broker Regarding Your CGL Policy

Ornate Las Vegas Palace Rented by Michael Jackson for Sale

Death of Subcontractor’s Unjust Enrichment Claim Against Project Owner

Brown Orders Mandatory Water Curbs for California Drought

Mandatory Arbitration Isn’t All Bad, if. . .

2011 West Coast Casualty Construction Defect Seminar – Recap

With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (but don’t count on it) [UPDATE]

No Coverage Under Anti-Concurrent Causation Clause

The Enforceability of “Pay-If-Paid” Provisions Affirmed in New Jersey

Bremer Whyte’s Newport Beach Team Prevails on a Motion for Summary Judgment in a Wrongful Death Case!

First Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy Period

No Global MDL for COVID Business Interruption Claims, but Panel Will Consider Separate Consolidated Proceedings for Lloyds, Cincinnati, Hartford, Society

Commerce City Enacts Reform to Increase For-Sale Multifamily Housing

Hawaii Appellate Court Finds Agent May Be Liable for Failing to Submit Claim

California Fire Lawyers File Suit Against PG&E on Behalf of More Than 50 Wildfire Victims

Defective Concrete Blocks Spell Problems for Donegal Homeowners

School Blown Down by Wind Still Set to Open on Schedule

Meet Orange County Bar Associations 2024 Leaders

Architects Should Not Make Initial Decisions on Construction Disputes

Know Your Burden of Proof in an Insurance Coverage Dispute Dealing With an All Risk Policy

How to Determine the Deadline for Recording a California Mechanics Lien

Claims Made Insurance Policies

$27B Meta Data Center Pushes Louisiana Toward Massive Power Expansion

What If There Is a Design Error?

Stormy Seas Ahead: 5th Circuit to Review Whether Maritime Law Applies to Offshore Service Contract

Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” and Tier 2 for Los Angeles and Orange County by U.S. News – Best Lawyers® “Best Law Firms” in 2022

GRSM Ranked Among Texas’ 50 Largest Law Firms by Texas Lawyer

IRMI Expert Commentary: NY Highest Court Confronts Downstream Risk Transfer for Subcontractor Bodily Injury Claims

No Duty to Defend under Homeowner's Policy Where No Occurrence, No Property Damage

California Supreme Court Holds that Design Immunity Does Not Protect a Public Entity for Failure to Warn of Dangerous Conditions

Insurer Springs a Leak in Its Pursuit of Subrogation

Milestone Tunnels are Centerpiece of Landmark Virginia Bridge-tunnel Expansion

Existence of “Duty” in Negligence Action is Question of Law