ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

2025 Construction Outlook: Growth, But Uneven in Certain Areas

March 04, 2025 — Garret Murai - California Construction Law Blog
I think it’s safe to say that we’re well past any lingering economic impacts of COVID-19 although it has undoubtedly left an indelible imprint on the lives of many, including those still working remotely as reflected in the empty office spaces around the country. But with Trump 2.0 now here, new uncertainties face the country and the construction industry as President Trump imposes tariffs on goods and materials, cracks down on immigration, and attempts to shrink the government’s footprint. While President Trump and his proteges (e.g., Elon Musk) have been dominating the news headlines since the end of January, according to Dodge Construction Network’s “Outlook2025,” notably issued in November 2024 before the new administration took office, believes that “the change in administration is unlikely to have considerable impact on the construction forecast.” Rather, according Dodge (not to be confused with “DOGE“), “[p]erhaps most significant for the construction outlook is the Federal Reserve’s changing stance on interest rates,” referring to the Fed’s rate cuts in 2024 which totaled 1 percentage point, which it believes “will begin to positively impact the economy, particularly in interest-rate-sensitive industries such as construction, during 2025.” Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

---

FEMA Offers Recovery Tips for California Wildfire Survivors

January 14, 2025 — FEMA
WASHINGTON -- While fire suppression activities are still ongoing in parts of Southern California, affected individuals and families are taking steps toward recovery. FEMA is helping people jumpstart their recovery. You may be eligible for FEMA assistance, even if you have insurance. More than $5.3 million so far are in the hands of survivors to help pay for emergency supplies like food, water and baby formula as well as to replace personal property and pay for a temporary place to stay. Below are tips to help Californians recover from the historic wildfires. If your primary home was affected by the fires, FEMA may be able to help you cover certain costs – like paying for essential items, finding a place to stay, replacing personal property or making basic repairs to your home. However, FEMA assistance is designed to help you if you do not have insurance or if your insurance policies don't cover basic needs. If you have insurance, you should file a claim as soon as possible and be ready to provide your coverage information when applying to FEMA. There are several ways to apply for FEMA assistance:

• Online at DisasterAssistance.gov and in Spanish language at DisasterAssistance.gov/es.
• Calling the FEMA Helpline at 1-800-621-3362 for assistance in multiple languages.
• On the FEMA App for mobile devices.

To view an accessible video about how to apply visit: FEMA Accessible: Registering for Individual Assistance or en Español.

---

Beyond the Executive Orders: Legislative Proposals to Strengthen the U.S. Critical Minerals Supply Chain

March 25, 2025 — Ashleigh Myers, Robert A. James, Allan C. Van Vliet, Amanda G. Halter, Kelsey Parker & Sahar J. Hafeez - Gravel2Gavel
Critical minerals are the backbone of modern technologies and national security, powering everything from advanced semiconductors and electric vehicle batteries to missile guidance systems and renewable energy infrastructure. As the global economy transitions to more diverse energy technologies, the demand for these essential materials has surged. Despite their vast importance and usefulness, the United States remains heavily dependent on foreign sources—particularly China—that dominate the global supply chain for critical minerals. This reliance threatens supply chain stability, leaving key American industries vulnerable to disruptions, price manipulations and political leverage. We have witnessed a multitude of actions from the White House in recent weeks ranging from new executive orders to the repeal of old ones. This includes the Trump administration’s Day One Executive Order entitled Unleashing American Energy, which directs U.S. government agencies to assess several trade and national-security-related actions (including stockpiling), prioritize geological mapping, and consider support for processing of critical minerals, among other things. That is not the entire federal government response, however. A number of congressional bills—many of them with bipartisan support—have been proposed in the 2025 legislative session in an effort to boost domestic extraction, refining and production of critical minerals. Reprinted courtesy of Ashleigh Myers, Pillsbury, Robert A. James, Pillsbury, Allan C. Van Vliet, Pillsbury, Amanda G. Halter, Pillsbury, Kelsey Parker, Pillsbury and Sahar J. Hafeez, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Mr. James may be contacted at rob.james@pillsburylaw.com Mr. Van Vliet may be contacted at allan.vanvliet@pillsburylaw.com Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Ms. Parker may be contacted at kelsey.parker@pillsburylaw.com Mr. Hafeez may be contacted at sahar.hafeez@pillsburylaw.com Read the full story...

---

Toolbox Talk Series: International Arbitration for the "Domestic" Construction Lawyer

May 12, 2025 — Brendan J. Witry - The Dispute Resolver
As US-based construction lawyers know, arbitration is a frequently used method of dispute resolution. However, construction lawyers who practice primarily with projects and clients in the US may not be aware of the nuances that come with the use of arbitration on international projects. For this month's installment of the Toolbox Talk Series, Zachary Torres-Fowler and Manav Singhla discussed the similarities and differences between domestic arbitration and international arbitration. Zachary and Manav first demystified the nature of international arbitration; it is simply a means of dispute resolution just like domestic arbitration. They discussed the advantages of international arbitration, most notably the easier means of enforcement. Particularly where there are different legal systems (i.e., common law vs. civil law) enforcing a judgment from one legal system can be difficult where the prevailing party must go elsewhere (with a different legal system/tradition) to collect. Read the full story...
Reprinted courtesy of Brendan J. Witry, Laurie & Brennan LLP
Mr. Witry may be contacted at bwitry@lauriebrennan.com

---

The Evolution of Construction Jobsite Safety: Lessons From the Field

May 19, 2025 — Milwaukee Tool - Construction Executive
Each year, Construction Safety Week offers the construction industry an opportunity to pause and refocus on the most important goal: ensuring every worker returns home safely. Mike Spensieri, who leads jobsite safety initiatives at Milwaukee Tool, shared observations from the field about how safety engagement is evolving—and where it needs to go next. BROADENING THE CONVERSATION AROUND SAFETY Spensieri’s work spans personal protective equipment and safer tool usage practices. Throughout the year, his team works with contractors and safety directors to support jobsite safety programs across the country. “During Safety Week, we focus more directly on tradespeople themselves,” he explained. “We meet crews where they are—from small sites to megaprojects—and talk about real-world practices: everything from ergonomic tool use to OSHA dust regulations.” Reprinted courtesy of Milwaukee Tool, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

---

Speak Now or Forever Sign That Release – Part 1

March 10, 2025 — Gus Sara & Lian Skaf - The Subrogation Strategist
This episode of the Subro Sessions podcast, the first of a two-part series entitled: “Speak Now or Forever Sign That Release - Part 1,” is hosted by Gus Sara and Lian Skaf, Partners. This episode discusses the topic of subrogation settlement releases including guidance for the parties that draft the releases, obstacles that subrogation professionals typically run into, inclusion of the insured as a signatory and suggestions on specific language to use in the settlement process. Reprinted courtesy of Gus Sara, White and Williams LLP and Lian Skaf, White and Williams LLP Mr. Sara may be contacted at sarag@whiteandwilliams.com Mr. Skaf may be contacted at skafl@whiteandwilliams.com Read the full story...

---

Federal Government Sues Four States Over Climate Superfund Laws and Climate Change Litigation

June 02, 2025 — Amanda G. Halter, Ashleigh Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law Blog
The U.S. Department of Justice (DOJ) has filed a series of federal lawsuits against four states—New York, Vermont, Michigan and Hawaii—alleging that recent legislative and enforcement efforts to hold fossil fuel companies financially responsible for climate change unlawfully interfere with federal authority. The lawsuits, filed on April 30 and May 1, challenge two distinct forms of state-led climate action: (1) enacted climate superfund statutes in New York and Vermont, and (2) announced plans by Michigan and Hawaii to bring climate change litigation against fossil fuel companies under state tort law. The DOJ’s theory across all four cases is consistent: that state efforts to assign liability for global greenhouse gas (GHG) emissions violate the Constitution, are preempted by the Clean Air Act (CAA), and interfere with the federal government’s exclusive authority over interstate commerce and foreign relations. In each case, the federal government seeks declaratory judgments that the state laws or enforcement actions are unconstitutional, along with injunctive relief barring their implementation or prosecution. Reprinted courtesy of Amanda G. Halter, Pillsbury, Ashleigh Myers, Pillsbury and Jillian Marullo, Pillsbury Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Read the full story...

---

What You Say...

February 25, 2025 — Daniel Lund III - Lexology
... and where you say it matters! In a case highlighting a trap for the unwary, the United States Fifth Circuit Court of Appeals held that the language in a federal court order of dismissal significantly impacts the ability of that court to subsequently enforce a related settlement agreement. Plaintiffs sought to halt the foreclosure of their home mortgage. After reaching a settlement with the defendants, the parties filed a Joint Stipulation to Dismiss under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which motion included a provision for the court to retain jurisdiction to enforce the settlement terms. However, the subsequent order of dismissal with prejudice failed to announce that the district court explicitly retained jurisdiction, and likewise did not incorporate the settlement terms – despite the language in the stipulation which led to the order. Read the full story...
Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

---