ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Application of Ordinance and Law Coverage in Property Insurance Policy and Twenty-Five Percent Rule

December 08, 2025 — David Adelstein - Florida Construction Legal Updates
A recent case involved a homeowner’s all-risk property insurance policy with ordinance and law coverage. This ordinance and law coverage required the carrier “to cover costs that the [insureds] incur as a result of any ordinance that requires them to replace ‘the portion of the undamaged part of a covered building or other structure necessary to complete the remodeling, repair or replacement of that part of the covered building or other structure damaged by a Peril Insured Against.” Weston v. Universal Property & Casualty Insurance Co., 50 Fla.L.Weekly D2307a (Fla. 2d DCA 2025). The property insurance policy required the insurer to pay the actual cash value of the loss, minus any deductible, and “any remaining amounts necessary to perform such repairs as work is performed and expenses are incurred.” Id. Here, the insureds sustained roof damage from a storm. The insureds had an expert that opined, with a reasonable degree of certainty, that the entire roof needed to be replaced because “[t]here was damage to more than twenty-five percent of the roof, and the Florida Building Code provided that if more than twenty-five percent of the roof was damaged, then the entire roof should be replaced.” Weston, supra. The insureds also had an expert that testified to an estimate- the replacement cost of the damage as well as the actual cash value of that damage. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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When Rule 702 Motions Fail: A Close Look at AECOM v. Flatiron

February 02, 2026 — Olivia Barden - Colorado Construction Litigation Blog
In AECOM Tech. Servs., Inc. v. Flatiron | AECOM, LLC, 2024 WL 22640 (D. Colo. 2024), the United States District Court for the District of Colorado addressed when expert testimony is not subject to be limited or excluded pursuant to Federal Rule of Evidence 702. Background In 2015, AECOM Technical Services, Inc. (“AECOM”) and Flatiron | AECOM, LLC (“Flatiron”) entered into an agreement, in which they agreed to work together to assemble a design/build team for the purposes of submitting a proposal to the Colorado Department of Transportation’s (“CDOT”) construction project known as C-470 Tolled Express Lanes Segment 1 Design-Build Project (the “Project”). AECOM provided the design and engineering services, and Flatiron submitted the proposal to CDOT. On or about June 16, 2016, CDOT awarded Flatiron the Project. Flatiron later claimed that AECOM’s design failed to follow basic engineering and project requirements. Read the full story...
Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC

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White and Williams LLP is Proud to Host the 20th Anniversary Virginia Barton Wallace Award and Reception

May 05, 2026 — White and Williams LLP
White and Williams LLP is proud to host the 20th Anniversary Virginia Barton Wallace (VBW) Award and Reception, which will celebrate this year’s honoree, The Rendell Center for Civics & Civic Engagement. This award was created to celebrate the remarkable career of Virginia “Ginny” Barton Wallace, the first woman to be elected to partnership not only at White and Williams but also at any law firm in Philadelphia. The VBW Award is presented to a woman or organization that embodies the same qualities that Ginny possessed: leadership, drive, exemplary work ethic, overall excellence in her field, or an ability to inspire other women to succeed. Read the full story...
Reprinted courtesy of White and Williams LLP

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An “Agreement to Agree” Is Not a Binding Contract

January 13, 2026 — David Adelstein - Florida Construction Legal Updates
A driving issue in a recent dispute was whether a binding contract existed simply through the selection of a proposal in response to a solicitation. Or, was there nothing more than an “agreement to agree,” which does not create a binding contract. There is an important distinction between a binding contract an an “agreement to agree.” A Community Redevelopment Agency (CRA) issued a Request for Proposals otherwise referred to as an RFP. The RFP specifically stated that the CRA and proposer will be contractually bound only if and when a written contract is executed between the parties. A proposer was notified that it was selected as the winning proposer however a written contract was never executed because the proposer was subsequently disqualified. The proposer filed a lawsuit claiming it was wrongfully disqualified and prevailed. The trial court found it was entitled to attorney’s fees pursuant to a contract that had been formed when the proposer’s proposal was originally accepted. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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A Couple of Mechanic’s Lien Bills in VA [UPDATED]

February 23, 2026 — Christopher G. Hill - Construction Law Musings
Well, its that time of year again, the Virginia General Assembly is in session and looking to make changes to all kinds of things here in the Commonwealth. While most of those changes are well outside of the subject of Construction Law Musings, changes to the mechanic’s lien statutes certainly are not. This year, the Virginia General Assembly is poised to make some big changes if certain legislation gets out of committee and passes the legislature, a description and some comments on these follow: HB752 – Mechanics’ liens; liens attaching to property; memorandum of lien. [Original Description] Removes the exclusion of the attachment of a mechanic’s lien to property improved or repaired when the lien is based on a claim for repairs or existing structures. The bill further removes (i) the ability of a lien claimant to file any number of memoranda of lien including the details relating to the lien and (ii) the provisions of the Code specifying that no memorandum filed shall include sums due for (a) labor or materials furnished more than 150 days prior to the last day labor was performed or (b) material furnished to the job preceding the filing of such memorandum. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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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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CARB Issues Proposed Climate Disclosure Regulations

January 13, 2026 — Michael S. McDonough, Ashleigh Myers & Karen Eskander - Gravel2Gavel Construction & Real Estate Law Blog
On December 9, 2025, the California Air Resources Board (CARB) issued proposed regulations and a staff report for California’s comprehensive climate disclosure laws, the Reminder: Know Your Contractor Licensing Rules

Structural Failure of Precast-Concrete Span Sets Back Sydney Metro Job

Employees Versus Independent Contractors

A Landlord’s Guide to the Center for Disease Control’s Eviction Moratorium

Increasing Use of Construction Job Cameras

New Orleans Is Auctioning Off Vacant Lots Online

Why Being Climate ‘Positive’ Is the Buzzy New Goal of Green Building

Providing Your Insurer Prompt Notice

Are COVID-19 Claims Covered by Builders Risk Insurance Policies?

Navigating the Construction Burrito: OCIP Policies in California’s Construction Defect Cases

Shifting the Risk of Delay by Having Float Go Your Way

Wilke Fleury Attorneys Featured in 2021 Best Lawyers in America and Best Lawyers: Ones To Watch!

Construction Contract Basics: Attorney Fee Provisions

Midwest Team Secures Resolution of Matter for Homeowners’ Association Client, Recovery of Attorneys’ Fees

Insurer's Motion for Summary Judgment on Business Interruption Claim D
Failure to Comply with Contract Leaves No Additional Insured Coverage

Coffee Beans, Mars and the 50 States: Civil Code 1542 Waivers and Latent Defects

Real Estate & Construction News Round-Up (01/11/23) – Construction Tech, Housing Market Confidence, and Decarbonization

Inside New York’s Newest Architectural Masterpiece for the Mega-Rich

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Connecting IoT Data to BIM

Attorney Risks Disqualification If After Receiving Presumptively Privileged Communication Fails to Notify Privilege Holder and Uses Document Pending Privilege Determination by Court

Is New York Heading for a Construction Defect Boom?

Housing Prices Up through Most of Country

Georgia Court Clarifies Landlord Liability for Construction Defects

Louisiana Court Holds That Application of Pollution Exclusion Would Lead to Absurd Results

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

KB Home Names New President of its D.C. Metro Division

Did the Court of Appeals Just Raise the Bar for California Contractors to Self-Report Construction-Related Judgments?

Ohio School Board and Contractor Meet to Discuss Alleged Defects

Home Prices in 20 U.S. Cities Rose in June at a Slower Pace

Manhattan Home Prices Top Pre-Crisis Record on Luxury Deals

Congratulations to Haight’s 2021 Super Lawyers San Diego Rising Stars

California Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess Policies

Washington Court Tunnels Deeper Into the Discovery Rule

Maryland Legislation Prohibits Condominium Developers from Shortening Statute of Limitations to Defeat Unit Owner Construction Defect Claims

Florida District Court Finds That “Unrelated” Design Errors Sufficient to Trigger “Related Claims” Provision in Architects & Engineers Policy

Bill Taylor Co-Authors Chapter in Pennsylvania Construction Law Book

Part II: Key Provisions of School Facility Construction & Design Contracts

Hartford Stadium Controversy Still Unresolved

Being the Bearer of Bad News (Sounding the Alarm on Construction Issues Early and Often) (Law Note)

Cold Weather Causes Power Blackouts, Disruptions on Jobsites

DOI Aims to Modernize its “Inefficient and Inflexible” Type A Natural Resource Damages Assessment Regulations

Good News on Prices for Some Construction Materials

Home Sales Topping $100 Million Smash U.S. Price Records

Real Estate & Construction News Roundup (11/8/23) – New Handling of Homelessness, Decline in Investments into ESG Funds, and Shrinking of a Homebuyer’s Dollar

Illinois Appellate Court Addresses Professional Services Exclusion in Homeowners Policy

California Court Confirms Broad Coverage Under “Ongoing Operations” Endorsements

Executive Order Addresses Wildfire Rebuilding Delays Through Federal Preemption of State and Local Permitting

Idaho Construction Executive Found Guilty of Fraud and Tax Evasion

Florida Passes Tort Reform Bill

Four Ways to Master the Twists and Turns of Construction Project Change Orders

Appellate Court of Maryland Construes Notice Conditions of A312 Performance Bond in Favor of Surety

Policyholder Fails to Build Adequate Record to Support Bad Faith Claim

Another Possible “Out” of Uniwest?

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

Risks of Using an AI Chatbot for Legal Advice: Lessons from United States v. Heppner

So You Want to Arbitrate? Better Make Sure Your Contract Covers All Bases

Pennsylvania Sues Firms to Recoup Harrisburg Incinerator Losses

Compliance Doesn’t Pay: Compliance Evidence Inadmissible in Strict Liability Actions

BWB&O Partner Tyler Offenhauser and Associate Lizbeth Lopez Won Their Motion for Summary Judgment Based on the Privette Doctrine

The Court of Appeals Holds That Indifference to Safety Satisfies the Standard for a Willful Violation Under WISHA

What California’s COVID-19 Reopening Means for the Construction Industry

New Defendant Added to Morrison Bridge Decking Lawsuit

Jury Trials and Mediation in Philadelphia County: Virtually in Person
e a Landslide?

Court Resolves Disagreement on the Amount of the Deductible

From Both Sides Now: Looking at Contracts Through a Post-Pandemic Lens