Anaheim California Construction Expert Witness Directory

Traub Lieberman Partner Ryan Parker and Associate Melina Lowe Win Verdict Finding No Liability in Favor of Condo Owners

April 08, 2025 — Ryan S. Parker & Melina Lowe - Traub Lieberman
Traub Lieberman Partner Ryan Parker and Associate Melina Lowe obtained a defense verdict following a five-day jury trial in Volusia County. The lawsuit was filed against Traub Lieberman’s clients, owners of a condo unit (the”Owners”) located above the Plaintiffs’ unit. The Plaintiffs alleged that the Owners were negligent and breached the Declaration of Condominium for failing to maintain their windows, which the Plaintiffs alleged caused damage to the Plaintiffs’ unit. The Plaintiffs sought over $250,000 for loss of use of their property in addition to other damages. After the Plaintiffs rested their case in chief, Mr. Parker and Ms. Lowe moved for directed verdict on several issues—and a partial directed verdict was granted—which reduced a portion of the Plaintiffs’ damages. After a lengthy trial—which included testimony from more than twelve witnesses—the Jury returned a verdict finding no liability on the part of Traub Lieberman’s clients. As a result of the verdict, the Owners have a basis to recover their attorney’s fees and costs. Reprinted courtesy of Ryan S. Parker, Traub Lieberman and Melina Lowe, Traub Lieberman Mr. Parker may be contacted at rparker@tlsslaw.com Ms. Lowe may be contacted at mlowe@tlsslaw.com Read the full story...

A Game of Texas Hold’em: How Texas Stopped Wage Increases for Salaried Exempt Employees Nationwide

December 03, 2024 — Matthew DeVries - Best Practices Construction Law
Construction contractors often have to deal with classification of employees, particularly those who work in the home office. Today’s guest post by Alexandra Shulman and Leah Lively addresses a recent court decision affecting the wage protection of employees under the the Fair Labor Standards Act (FLSA). On November 15, 2024, a federal court in Texas vacated a U.S. Department of Labor (DOL) rule (the “2024 Rule”) that increased the minimum salary threshold for employees classified as exempt from overtime and minimum wage protections under the FLSA. The Texas court’s decision nullifies the 2024 Rule nationwide, effective immediately. Read the full story...
Reprinted courtesy of Matthew DeVries, Buchalter
Mr. DeVries may be contacted at mdevries@buchalter.com

Subcontractor Default Insurance (“SDI”): What Is It?

April 29, 2025 — Andrew G. Vicknair - The Dispute Resolver
While general contractors are planning for successful completion of their projects, they unfortunately must also account for risks associated with subcontractor defaults. General contractors have to understand their options for minimizing losses arising from subcontractor defaults and must take proper steps to protect their interests and ensure project completion. General contractors primarily minimize loss through contracts, bonding, and insurance. While there are many ways to manage and protect against the risk of loss from subcontractors, Subcontractor Default Insurance (“SDI”) is one product that can help. A. Subcontractor Bonds At the outset, it is important to note that SDI is not a bond. A subcontractor performance bond is a surety bond required by general contractors for subcontractors to guarantee their performance on a project. It is a three-party relationship between the principal, the surety, and the obligee. The principal (the subcontractor) purchases a bond for a project. The surety provides the bond and assures that the principal will perform. The obligee (the general contractor) is the party protected by the bond. If the subcontractor/principal defaults, the surety will generally step in and complete the work that the subcontractor failed to perform. Unlike insurance, a bond requires a subcontractor that obtains a bond to execute an indemnity agreement with the surety guaranteeing that any losses or expenses incurred by the surety will be reimbursed by the subcontractor. Read the full story...
Reprinted courtesy of Andrew G. Vicknair, D'Arcy Vicknair, LLC
Mr. Vicknair may be contacted at agv@darcyvicknair.com

No Coverage for Faulty Installation of Windows

May 06, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The federal district t court granted summary judgment to the insurer, agreeing there was no "occurrence" nor "property damage" resulting from the faulty installation of windows. Employers Mut. Casualty Co. v. Knipp Equipment Inc., 2025 U.S. Dis. 24400 (D. Kan. Feb. 11, 2025). Edwards County and Knipp entered into a contract for the removal and replacement of the Courthouse's 113 windows. Three weeks after the job was completed, a rainstorm struck and several of the windows leaked. Edwards County filed a Statement of Claim with the American Arbitration Association, claiming Knipp breached its duty to perform the work and render the services owed to Edwards County in a good and workmanlike manner. Edwards County alleged that the windows had to be removed, re-sized, and re-installed, at the estimated cost of $420,000. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Newark Trial Team Secures Affirmance of ‘No Cause’ Verdict for Nationwide Housing Manager & Developer

January 07, 2025 — Lewis Brisbois Newsroom
Newark, N.J. (December 30, 2024) - Newark Partner Afsha Noran and Managing Partner Colin Hackett recently obtained a ruling by a New Jersey Appellate Division panel affirming a unanimous "no cause" defense verdict obtained on behalf of a nationwide housing developer and manager. In this case, the plaintiff and her two minor children brought suit against the firm's client. They appealed a unanimous no-cause jury verdict rendered in May 2023 that found the defendants not liable for mold exposure in their apartment. The plaintiffs argued that several trial errors, including improper jury instructions, a confusing verdict sheet, and prejudicial remarks by defense counsel led to an unjust result. However, the appellate court affirmed the trial court's decision, concluding that there was no miscarriage of justice and that the trial court properly exercised its discretion in handling the case. Read the full story...
Reprinted courtesy of Lewis Brisbois

How U.S. Design and Architecture Firms Can Profit from the Chinese Market and Avoid Pitfalls

December 23, 2024 — Chengdong ("C.D.") Xing - The Dispute Resolver
Despite recent challenges, including obvious political tensions, economic cooling in the PRC, and increased local competition, the Chinese market remains an attractive destination for U.S. design and architecture firms. For instance, PEI Architects has maintained its success in China through long-standing relationships with key clients and is currently involved in two major projects for the Bank of China: a 1.9 million-square-foot complex in Shanghai and a financial center in Haikou.[i] Similarly, NBBJ is playing a critical role in the development of Tencent’s Net City in Shenzhen, a 2-million-square-meter smart city project that aligns with China's goals of sustainable and tech-driven urbanization.[ii] These examples show that while the Chinese market presents challenges, it continues to offer significant opportunities, particularly in sectors where innovative and cutting-edge architectural solutions are in high demand. At the same time, U.S. firms should exercise care: proper advance planning and strategic alliances are crucial for profitable forays into the Chinese market. JR Design Project: A Cautionary Tale When operating in China, U.S. design firms often encounter regulatory challenges, particularly with respect to China’s strict qualification requirements for architectural design services. Failure to meet these requirements can result in serious legal issues, including the potential invalidation of design contracts, as demonstrated in a leading case decided by the Supreme People’s Court of PRC (the nation’s highest court). Read the full story...
Reprinted courtesy of Chengdong ("C.D.") Xing, Rajah & Tann Singapore LLP
Mr. Xing may be contacted at chengdong.xing@rajahtann.com

Changes to the Federal Rules – 2024

November 18, 2024 — William L. Doerler - The Subrogation Strategist
Unless Congress moves quickly, several amendments to the Federal Rules of Civil Procedure and Evidence will take effect December 1, 2024. Below is a brief description of the amendments. Rules of Evidence Rule 107 is a new rule. This rule addresses illustrative aids, stating that, if such aid helps the trier of fact to understand the evidence or an argument, a party may use the aid if its utility is not substantially outweighed by the danger of, among other things, unfair prejudice. As noted under the discussion of Rule 1006, below, an illustrative aid - offered only to help the trier of fact understand the evidence - is generally not admissible into evidence. Rule 613 currently states that extrinsic evidence of a witness’s prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and the adverse party is given an opportunity to examine the witness about it, or if justice so requires. As amended, the court has the discretion to forego this requirement. Read the full story...
Reprinted courtesy of William L. Doerler, White and Williams LLP
Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

Real Estate & Construction News Roundup (4/2/25) – U.S. Banking’s CRE Exposure, Increased Insurance Challenges and an Embrace of AI by Construction Firms

April 22, 2025 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, the Tampa Bay Rays pull out of a stadium deal, the National Association of Realtors examines another policy change, energy efficiency measures continue to lower operating expenses, and more!

For construction firms, the advancement of AI means even nontechnical users can now create applications. (Sebastian Obando, Construction Dive)
The Tampa Bay Rays are pulling out of a $1.3 billion stadium deal, with the team previously voicing concerns about the deal, after votes to secure funding from the Pinellas County Commissioners were delayed because of economic uncertainty stemming from damage to the current stadium. (Zachary Phillips, Construction Dive)
The U.S. banking system is on a precipice as exposures to commercial real estate grow and banks grapple with high interest rates. (Amber Bonefont, Florida Atlantic University)

Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

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