SUMNER MICHIGAN CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

LA Fire Victims Can Pursue City Utility Claims, Judge Rules

March 10, 2026 — Jef Feeley & Maxwell Adler - Bloomberg
The water and power utility that serves the city of Los Angeles must face hundreds of lawsuits faulting its response to the massive 2025 wildfire that leveled one of the city’s premier seaside neighborhoods and caused tens of billions of dollars in damage. In a significant victory for fire victims, Los Angeles Superior Court Judge Samantha Jessner concluded in a written ruling Thursday that a unique California law allows property and business owners to pursue claims that the Los Angeles Department of Water and Power failed to supply enough water to fight the blaze that consumed the Pacific Palisades area. Over strong objections from lawyers for the nation’s largest public utility, Jessner finalized a tentative ruling she issued last week concluding victims have a legal basis to move forward with allegations a city reservoir drained for repairs left fire hydrants with inadequate water pressure and helped the wind-whipped blaze get out of control. Reprinted courtesy of Jef Feeley, Bloomberg and Maxwell Adler, Bloomberg Read the full story...

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ACEC Supports BUILD America 250 Act as Important First Step on Surface Reauthorization

May 26, 2026 — The American Council of Engineering Companies
WASHINGTON -- The American Council of Engineering Companies (ACEC), the business voice of America’s engineering and design services industry released the following statement on the BUILD America 250 Act: "Chairman Graves and Ranking Member Larsen have taken an important bipartisan step toward reauthorizing the federal surface transportation programs that are critical to economic growth in every state. The BUILD America 250 Act provides five years of stability in funding road and transit projects, raises new revenues to address the solvency of the Highway Trust Fund, and includes meaningful provisions to strengthen project delivery, advance digital infrastructure, and improve the contracting framework that engineering firms rely on every day. ACEC will continue to advocate for investment levels that keep pace with the country's growing infrastructure needs, and we urge the Committee to keep this process moving forward." The American Council of Engineering Companies (ACEC) is the business association of America’s engineering industry, representing more than 5,500 independent engineering firms and more than 650,000 professionals throughout the United States engaged in the development of America’s transportation, water, and energy infrastructure, along with environmental, industrial, and other public and private facilities. Founded in 1906 and headquartered in Washington, D.C., ACEC is a national federation of 51 state and regional organizations.

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New Law Prompts ABC Minnesota/North Dakota to Design New Telecommunications Safety Training Program

June 29, 2026 — Grace Calengor - Construction Executive
On the first day of the year, a Minnesota law requiring installers of underground telecommunication infrastructure broadband, fiber or phone lines (when projects utilize directional drilling, and/or work is being conducted within 10 feet of existing utilities) to undergo a 40-hour certification went into effect. Originally passed in mid-2024 and proposed to go into effect in July 2025, the law’s requirements were postponed until January 2026, giving ABC Minnesota/North Dakota—in partnership with NCCER and the Minnesota Cable Communications Association—time to roll out their Safety Qualified Underground Telecommunications Installer training program, which would ensure the workforce of their contractor members were certified. Reprinted courtesy of Grace Calengor, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Newmeyer Dillion Announces Jacqueline McCalla as Its Newest Partner

February 02, 2026 — Newmeyer Dillion
NEWPORT BEACH, CALIF. – January 28, 2026 – Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that Walnut Creek attorney Jacqueline McCalla has been elected to partnership. Jacqueline focuses her practice on business and construction litigation. In her practice, Jacqueline takes pride in assisting businesses of all sizes and entrepreneurs in various matters whether it be a pre-litigation matter or in litigation, from case inception through trial. She represents developers, builders, and contractors in complex, multi-party disputes involving a variety of residential, commercial, and mixed-use properties. Jacqueline's practice also includes litigating insurance disputes. Jacqueline leverages her past experience advocating for both carriers and insureds to now help companies better understand their policies and stay protected. "Since joining the firm, Jacqueline has been a thoughtful, hardworking, and solutions-oriented attorney who consistently delivers great results for our clients," said Managing Partner Paul Tetzloff. "It's no surprise that clients value her work and actively seek her out." Jacqueline earned a B.A. in Legal Studies from University of California, Berkeley, and a J.D., from University of San Francisco School of Law, graduating magna cum laude. About Newmeyer Dillion For over 40 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 60 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's operations, growth, and profits. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com.

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For Urban Walkers, a Patchy Dilemma: Who Owns the Sidewalk?

July 06, 2026 — Linda Poon – Bloomberg
In 2007, New York City’s sanitation department threatened Natalie Shea with a $300 fine for defacing public property with graffiti. Her crime: drawing a blue flower in front of her family’s Park Slope home with sidewalk chalk. She was six years old. The incident, which made local and national news at the time, captures the fraught role that sidewalks often play in US cities. These patches of pavement do more than carry pedestrians to their destinations: They’re also places for commerce, social interaction and childhood play, from chalking to learning how to ride a bike. Urbanist Jane Jacobs once likened the range of activities that city sidewalks attract to an “intricate ballet.” In the new book Sidewalk Nation: The Life and Law of America’s Most Overlooked Resource (Harvard University Press), author Michael Pollack explores the “tangled web of state and local regulation” that governs sidewalks, with cities often passing along responsibilities for tasks like clearing snow and keeping walkways safe. He paints a portrait of the American sidewalk a disorderly and often neglected network, filled with literal and metaphorical cracks that give rise to all sorts of conflict, from mundane clashes over maintenance to more consequential fights over accessibility and inequality. Read the full story...
Reprinted courtesy of Linda Poon, Bloomberg

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Protect Your Projects By Identifying and Controlling Hidden Contract Risks

March 10, 2026 — Larry Borda & Daniel Lund III - JD Supra
In a recent webinar entitled “Spreading the Risk and Avoiding Killer Contract Clauses,” Phelps lawyers Daniel Lund and Larry Borda examined contractual provisions that most often expose construction professionals to unexpected financial and legal risk. While construction contracts may appear routine, each contract serves as the primary mechanism for managing, allocating, and mitigating risk among parties involved in complex projects—often valued in the hundreds of millions or billions of dollars. When parties fail to fully understand the terms they sign, costly and avoidable consequences frequently follow. Contracts as Risk-Transfer Instruments Construction contracts are the primary method for transferring risk. While contracts authorize work and define scope, they also allocate responsibility for the risks inherent in construction projects. Some may imagine a world where a one-page agreement and a set of plans would suffice. In reality, modern construction requires detailed agreements—particularly provisions designed to anticipate problems, distribute burdens and reduce disputes. Reprinted courtesy of Larry Borda, Phelps and Daniel Lund III, Phelps Mr. Borda may be contacted at larry.borda@phelps.com Mr. Lund may be contacted at daniel.lund@phelps.com Read the full story...

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BWB&O’s LA Team Secures a Defense Victory for General Contractor Client in Riverside Superior Court!

January 13, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to Woodland Hills Partner Daniel Crespo and Associate Lauren Landau for securing a defense victory on behalf of one of our general contractor clients! The Riverside Superior Court granted summary judgment in favor of our client, finding the plaintiff’s core allegation was flatly contradicted by video evidence. The Court held that surveillance footage conclusively showed the minor did not fall into an “open trench” as alleged, but instead fell after voluntarily jumping over a temporary construction fence stabilizer. Read the full story...
Reprinted courtesy of Dolores Montoya, 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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