ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Standing When It Comes to Real Property Owned by a Trust

February 23, 2026 — David Adelstein - Florida Construction Legal Updates
It is not uncommon for property to be owned in the name of the trust as part of an estate planning agenda. In construction, improvements are made all the time to real property owned in the name of a trust or later transferred to a trust for estate planning purposes. In a recent case, the question became that if the property is owned by the trust does only the trust have standing to file the lawsuit. In this case, homeowners, in their individual capacities, sued a flooring contractor for defective work; however, prior to the lawsuit, the homeowners deeded the home (which would include the flooring in the home) to a revocable trust. The plaintiffs, though, were the trustees of the revocable trust and the settlors of the trust. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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The AVOID Act: A New Timeline for Liability in New York Construction Projects

February 23, 2026 — Meghan Douris - The Construction Seyt
By April 18, 2026, New York construction litigation will operate on a faster—and far less forgiving—timeline. The Avoiding Vexatious Overuse of Impleading to Delay (the “AVOID Act”), signed into law on December 19, 2025, fundamentally rewrites third‑party practice under CPLR § 1007 by imposing strict deadlines to bring subcontractors, suppliers, and other responsible parties into a case. For owners, developers, general contractors, and their in‑house counsel, this change will shift risk assessment, contract enforcement, and litigation strategy to the very front end of a claim—particularly in New York Labor Law and construction defect cases. What Changed—and Why It Matters to Construction Cases Historically, New York defendants could implead subcontractors and other players well into discovery. The AVOID Act ends that practice. Read the full story...
Reprinted courtesy of Meghan Douris, Seyfarth Shaw LLP
Ms. Douris may be contacted at mdouris@seyfarth.com

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The LA Fires Destroyed 11,000 Homes. Less Than 10% Have Permits to Rebuild

October 27, 2025 — Michelle Ma & John Gittelsohn - Bloomberg
Of the thousands of residents needing to rebuild after this year’s California wildfires, Andy Weyman would seem especially well positioned. The TV and stage director had remodeled his Malibu home just five years earlier and had city-approved blueprints in hand, with the same architect set to oversee reconstruction. Yet eight months after the Palisades Fire destroyed almost 600 Malibu houses, the city has issued only two rebuilding permits. Weyman needed geological tests to ensure the stability of his bluff-top lot. Construction costs are roughly double his insurance coverage. In August, his architect died. Reprinted courtesy of Michelle Ma, Bloomberg and John Gittelsohn, Bloomberg Read the full story...

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How to Fireproof a Neighborhood

March 17, 2026 — Linda Poon - Bloomberg
As builders in fire-prone areas like California race to reimagine homes for a more fiery future, one developer is zooming out to build entire fire-resilient neighborhoods. KB Home’s developments tackle an issue that’s hard for any individual homeowner to overcome: “You can do your home perfectly, but if your neighbor didn’t, you still have a fire risk,” said Roy Wright, chief executive officer of the research nonprofit Insurance Institute for Business and Home Safety. In other words, to slow the spread of urban fires it takes a village. Read the full story...
Reprinted courtesy of Linda Poon, Bloomberg

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Forget Fifth Graders - Are You Smarter Than a CEO?

December 02, 2025 — Daniel Lund III - JD Supra
The Supreme Court of South Dakota says that (in certain circumstances) you need to be. That court wrangled with the evidentiary requirements for professional negligence and breach of contract claims arising from the construction of a clinical research facility in Brookings, South Dakota. The general contractor on the project alleged defects in the design and installation of the HVAC system and suspended ceiling, resulting in contamination and operational failures. The general contractor sued the architect, engineers, and contractors, asserting breach of contract and implied warranties. Read the full story...
Reprinted courtesy of Daniel Lund III, Phelps Dunbar
Mr. Lund may be contacted at daniel.lund@phelps.com

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Acuity v. Kinsale Insurance Company: Co-Carrier Obligations and Subrogation under Colorado Law

November 21, 2025 — Olivia Barden - Colorado Construction Litigation Blog
In Acuity v. Kinsale Insurance Company, 750 F. Supp. 3d 1229 (D. Colo. 2024), the United States District Court for the District of Colorado addressed the duties and rights of multiple insurers that issued commercial general liability (“CGL”) policies to the same insured. The decision clarifies how subrogation and contribution apply when one carrier funds a settlement and another refuses to participate. Background Phipps Construction Company served as the general contractor for the construction of a retirement community in Lakewood, Colorado. Phipps subcontracted the stucco work to Monarch Stucco, Inc. When the project owner, BMSH I Lakewood CO LLC, alleged construction defects, it brought an arbitration action against Phipps. Phipps in turn filed a third-party claim against Monarch, alleging defective and cracking stucco on fifteen buildings. Read the full story...
Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC

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Will the YIMBY ‘Holy Grail’ Deliver an LA Building Boom?

December 08, 2025 — Patrick Sisson - Bloomberg
When California Governor Gavin Newsom signed State Bill 79 into law on Oct. 10, supporters of the pro-housing “Yes In My Backyard” movement celebrated a legislative victory that had been called a YIMBY “holy grail.” By legalizing multistory apartments near transit stops in the state’s most urbanized counties — and crucially, in areas formerly zoned for single-family homes — SB 79 was hailed as a huge step toward closing California’s longstanding affordable housing gap. Along with recent reform of the state’s infamous project-delaying environmental review law, CEQA, SB 79 boosters like the advocacy group California YIMBY say that the legislation can unlock the promised goal of “housing abundance” when it comes into effect on July 1, 2026. Now comes the hard part — especially in places like Los Angeles. There, SB 79 faces fierce opposition from community groups who see it as a destroyer of neighborhoods, and from lawmakers like Mayor Karen Bass and a majority of the city council who believe it usurps local control. Read the full story...
Reprinted courtesy of Patrick Sisson, Bloomberg

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Las Vegas Partner Jeffrey Saab and Team Leader D. Ryan Efros Secure a $0.00 Settlement on a Multimillion-Dollar Construction Defect Case!

April 14, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Partner Jeffrey Saab and Team Leader D. Ryan Efros’ client was a construction supervisor on a palatial mansion. The homeowners claimed millions of dollars in damages and asserted the client was a general contractor (GC) and so responsible for the alleged defects. Jeff and Ryan took more than 15 depositions, reinforcing their trial strategy theme: that the client was not a GC, but Plaintiffs were. They secured significant concessions from Plaintiffs, pressed Plaintiffs’ own negligent construction choices, and made the risk of trying the case intolerable. On the eve of trial, Plaintiffs backed down, settling out Jeff and Ryan’s client for $0.00. Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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