ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

AIA Waivers Under Fire: Why Post-Completion Losses May Still Be Actionable

January 26, 2026 — Lian Skaf - The Subrogation Strategist
On its face, the power of a waiver of subrogation clause in a construction contract is profound. It bars otherwise actionable – and sometimes egregious – losses resulting from contractor carelessness before they can ever get started. One question courts have long battled with is the limits to the lasting effects of such a waiver. Whether the waiver power can be transferred amongst parties, applied to third parties or used with policies taken out after construction completion are among the few grey areas that have kept subrogation practitioners and the courts busy. Recently, a federal court in Idaho clarified its position on the power to waive subrogation. In Seneca Ins. Co. v. McAlvain Constr., Inc., No. 1:24-cv-00340-BLW, 2025 U.S. Dist. LEXIS 251777 (D. Idaho), the United States District Court for the District of Idaho (District Court) addressed whether a subrogation waiver in an AIA construction contract, signed between an owner and the general contractor, applied to the subsequent owner of a building. In doing so, the court looked at the limiting language of the waiver as well as the contractual posture of the subsequent owner. Ultimately, the court found the waiver inapplicable, denying the motion for summary judgment of Defendant, Cross-Plaintiff McAlvain Construction, Inc. (McAlvain). Read the full story...
Reprinted courtesy of Lian Skaf, White and Williams
Mr. Skaf may be contacted at skafl@whiteandwilliams.com

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Builders Support Most of Bipartisan Housing Reform Bill in Congress

March 31, 2026 — Esther D'Amico - Engineering News-Record
Several homebuilding groups say they support most of the massive housing reform bill making its way through Congress but want to see certain provisions including those related to build-to-rent and manufactured homes changed before it advances any further. Read the full story...
Reprinted courtesy of Esther D'Amico, Engineering News-Record
ENR may be contacted at enr@enr.com

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Alert: Fraudulent Notice of Nonpayment Defense Applies to Payment Bond Claims

April 27, 2026 — David Adelstein - Florida Construction Legal Updates
Under Florida’s Lien Law, there’s an affirmative defense or affirmative claim known as a “fraudulent lien.” The fraudulent lien defense or claim is set out in Florida Statute s. 713.31. This defense also extends to payment bond claims, whether under a private statutory payment bond (Florida Statute s. 713.23) or a public payment bond (Florida Statute s. 255.05), as it pertains to the notice of nonpayment. A notice of nonpayment needs to be served within 90 days from final furnishing to preserve a claimant’s rights against the bond. However, there really has not been a case, until now, that discusses a “fraudulent notice of nonpayment.” In K&M Electric Supply, Inc. v. Brown Electrical Solutions, LLC, 51 Fla.L.Weekly D672a (Fla. 4th DCA 2026), a prime contractor and surety prevailed at the trial level on their fraudulent notice of nonpayment defense based on a supplier’s notice of nonpayment and action against a public payment bond (under Florida Statute s. 255.05). Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Water Reuse Emerges as a Critical Strategy for Data Center Development

June 22, 2026 — Ashleigh Myers, Jillian Marullo & Jason Drogin Atwood - Gravel2Gavel Construction & Real Estate Law Blog
As demand for data centers continues to accelerate, water availability is emerging as a critical factor in project development and long-term operations. Although power supply and transmission access have historically dominated siting discussions, increasing water constraints in many regions are placing greater focus on the substantial volumes of water required to support data center cooling systems. As we covered previously, data centers are frequently located in areas already experiencing water stress and require substantial volumes of water to operate—roughly 228 billion gallons in 2023 in the United States alone—with water use projected to increase by up to 170% by 2030. Alternative cooling options, such as free-air cooling or mechanical chillers, can reduce direct water consumption but introduce their own tradeoffs. Free-air cooling is climate-dependent and often ineffective in hotter regions, while mechanical chillers increase energy demand, potentially shifting water consumption upstream through increased electricity generation. Reprinted courtesy of Ashleigh Myers, Pillsbury, Jillian Marullo, Pillsbury and Jason Drogin Atwood, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Mr. Atwood may be contacted at jason.atwood@pillsburylaw.com Read the full story...

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Nevada’s Mandatory Nonbinding Arbitration Law for Civil Cases is Going Through Changes

May 14, 2026 — Brandon Wright & Manuel Gurule - Lewis Brisbois
Nevada currently operates an expedited litigation program designed to resolve civil disputes with a value up to $50,000 without incurring the “usual” expense of litigating these disputes. Over time, however, the number of civil cases that have been “exempted” from this program based on the claimed damages exceeding $50,000 has grown dramatically. In response, the Nevada Legislature recently enacted a number of rule changes designed to streamline Nevada’s arbitration process and include more cases. Among these changes are increasing the arbitration “cap” from $50,000 to $100,000. By way of background, the Nevada’s Court Annexed Arbitration program is a mandatory, non-binding program for civil cases in judicial districts that have county populations of 100,000 or more [1]. Nevada’s Court Annexed Arbitration was born out of NRS 38.250, which was enacted in 1991 and went into effect in the summer of 1992. The newly enacted NRS 38.250 was regarded as a way to address the problem of increased court caseloads while promoting judicial economy and efficiency in civil cases having a probable jury award of less than $25,000 [2]. Initially, cases that were automatically exempt from the program included class actions, medical malpractice disputes, divorce proceedings, and other domestic relations matters [3]. Reprinted courtesy of Brandon Wright, Lewis Brisbois and Manuel Gurule, Lewis Brisbois Mr. Wright may be contacted at Brandon.Wright@lewisbrisbois.com Mr. Gurule may be contacted at Manuel.Gurule@lewisbrisbois.com Read the full story...

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Introducing the Updated 2026 Pillsbury Guide to Data Centers

June 08, 2026 — Gravel2Gavel Team - Gravel2Gavel Construction & Real Estate Law Blog
Since the initial publication of the Pillsbury Guide to Data Centers in 2025, the market has continued to evolve—most notably with respect to power availability, energy strategy, tax and incentives planning, and investment activity across the sector. While many of the legal, commercial and regulatory frameworks addressed in the original Guide remain durable and relevant, recent developments warranted targeted updates and additions. The 2026 edition expands and updates our energy-focused content to reflect the increasingly central role of power procurement, interconnection and long-term energy strategy in data center development. We have incorporated new materials addressing power purchase and interconnection agreements, solar and other renewable energy solutions, advanced reactor designs, and nuclear-powered data centers projects, including an updated project tracker. We have also added new analysis covering state and local tax considerations and incentive structures relevant to data center development and operations, as well as current M&A and private equity trends shaping investment in the sector. Read the full story...
Reprinted courtesy of Gravel2Gavel Team

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Navigating Wind and Solar Development Opportunities on State and Private Lands During Uncertain Times for Renewable Energy

February 02, 2026 — Cara M. MacDonald, Robert G. Howard & Andrew Jacobs - Gravel2Gavel Construction & Real Estate Law Blog
Recent executive actions and federal guidance have targeted wind and solar development, creating substantial uncertainty for the U.S. offshore wind industry and also reshaping the regulatory landscape governing onshore wind and solar development. Wind and solar projects on federal lands are now subject to heightened review processes and enhanced regulatory scrutiny. As a result, many developers are considering opportunities on state-owned and privately held lands rather than federal lands. 2025 Federal Executive Actions Impacting Wind and Solar At the federal level, renewable energy development on public lands is governed primarily by the Federal Land Policy and Management Act and administered by the Bureau of Land Management. The agency provides rights of way and leases (in designated leasing areas) for energy project development. Despite significant incentives for renewable energy development under the Biden administration, the Trump administration has deprioritized renewable energy in support of traditional energy sources like oil, gas and coal, as well as nuclear and geothermal energy. Reprinted courtesy of Cara M. MacDonald, Pillsbury, Robert G. Howard, Pillsbury and Andrew Jacobs, Pillsbury Ms. MacDonald may be contacted at cara.macdonald@pillsburylaw.com Mr. Howard may be contacted at robert.howard@pillsburylaw.com Mr. Jacobs may be contacted at andrew.jacobs@pillsburylaw.com Read the full story...

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Lewis Brisbois Ranked Tier 1 Nationally for Seven Practice Areas in 2026 Best Law Firms

January 06, 2026 — Lewis Brisbois Newsroom
November 6, 2025) - Lewis Brisbois has been ranked Tier 1 nationally by Best Lawyers for 'Appellate Practice,' 'Commercial Litigation,' ‘Insurance Law,’ 'Litigation - Construction,' ‘Litigation - Labor and Employment,’ ‘Mass Tort Litigation / Class Actions – Defendants,’ and ‘Transportation Law,’ as well as ranking Tier 1 in an array of practice areas across 27 metro regions in its 2026 edition of Best Law Firms®. In addition to Lewis Brisbois' national rankings, the firm was also ranked Tier 1 in the following regional categories: Akron

• Bet-the-Company Litigation
• Commercial Litigation
• Tax Law
• Trusts and Estates

Read the full story...
Reprinted courtesy of Lewis Brisbois

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