Anaheim California Construction Expert Witness Directory

The Construction Gigaprojects Report

October 06, 2025 — Gravel2Gavel Team - Gravel2Gavel Construction & Real Estate Law Blog
Construction “gigaprojects” are initiatives with expenses of well over $1 billion and which involve time periods of well over five years. They are engagements whose extraordinary size, duration and complexity might induce even the most seasoned of project professionals to rethink how they “do contracts.” The prospect of a gigaproject does not so much raise new questions as call for the careful reconsideration of otherwise established answers. What alternative forms of contracting might one use, how might they allocate economic and project risks, and what compensation might drive the parties' behavior? In Construction Gigaprojects, colleague Rob James brings to bear his more than 40 years of experience with complex energy, construction and infrastructure transactions to place the immense array of challenges accompanying such endeavors in perspective. In the report, Rob addresses transfers of risk and schemes of compensation both as a static matter - for an entire engagement - and as a dynamic matter that morphs over different times or among different scopes of work. He considers how good or poor execution can affect the success of a project, no matter what contract form is used. Read the full story...
Reprinted courtesy of Pillsbury

Colorado Court of Appeals Confirms: Prevailing Parties Can Recover “Fees on Fees” — Reinforcing Why Builders Should Strike Attorneys’ Fee Clauses From Their Contracts

December 30, 2025 — David McLain - Colorado Construction Litigation Blog
Colorado developers, builders, and contractors should take notice of a recently published Colorado Court of Appeals decision that increases the financial exposure created by prevailing party attorneys’ fee clauses. In 1046 Munras Properties, L.P. v. Kabod Coffee, 2025 COA 71, the Court held, for the first time in a published Colorado case, that a prevailing party may recover not only contractual attorneys’ fees, but also the attorney fees incurred to obtain those fees. In short: “fees on fees” are now recoverable when a contract contains a broad fee shifting clause. This development underscores the same warning sounded years ago in a prior HHMR blog post titled, Attorney Fee Clauses Are Engraved Invitations to Sue. If prevailing party fee provisions already encouraged litigation, the Munras decision supercharges that incentive. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

New California Law Requires Real Estate Agents and Brokers to Disclose AI Alterations in Listings

January 21, 2026 — Brian Slome - Lewis Brisbois
San Diego, Calif. (December 19, 2025) - Artificial intelligence and digital marketing have become ubiquitous in real estate advertising. The widespread use of AI creates risk for consumers who don’t know whether images shown online or on the multiple listing services are real. A new California law that goes into effect in January 2026 tries to draw a clear line: innovation is welcome but deception is not. The state’s new law requires licensed real estate brokers and salespersons to disclose when images used in advertisement and promotional materials have been digitally altered and to provide access to the original, unaltered images. The law is intended to enhance transparency in real estate advertising and to reduce the risk of consumer deception arising from image editing, virtual staging, or other digital modifications. Who Is Covered The law applies to real estate agents, brokers, developers, and marketing staff involved in property advertising. It encompasses advertisements including those in print and online. Read the full story...
Reprinted courtesy of Brian Slome, Lewis Brisbois
Mr. Slome may be contacted at Brian.Slome@lewisbrisbois.com

Ball Janik LLP Welcomes Construction Defect Associate Miguel Bonnelly as Orlando Office Continues to Grow

December 15, 2025 — Ball Janik LLP
ORLANDO, FL – Ball Janik LLP is pleased to welcome Associate Miguel Bonnelly to the firm’s Construction Defect Practice Group in the Orlando office. Bonnelly brings experience from a leading nationwide personal injury law firm, where he represented homeowners and homeowners’ associations (HOAs) and businesses in complex construction matters. From construction defect matters to drafting Chapter 558 notices and conducting hearings, inspections, depositions, mediations, and settlements, Bonnelly is savvy in providing effective solutions for clients’ needs. “We’re pleased to welcome Miguel to the firm,” said James C. Prichard, Managing Partner of Ball Janik LLP. “His experience representing homeowners in complex construction matters is a perfect match for our firm, and we are eager for his thoughtful, results-driven counsel that will make a difference for our clients.” Bonnelly is fluent in both English and Spanish, creating greater accessibility for firm clients. He received his law degree from the University of Florida Levin College of Law and his bachelor’s degree from the University of Central Florida in legal studies, where he had the highest overall GPA. While in law school, he served as a legal intern at a boutique law firm with a focus on real property disputes, estate administration, and breach of contract claims, and at Community Legal Services of Mid Florida, providing civil aid in the housing unit throughout central Florida. “I’m excited to be joining a firm with such talented professionals and resources that make a profound difference for clients,” said Bonnelly. “The firm’s focus on collaboration and track record for excellence and results make this an ideal opportunity for the next chapter of my legal career.” About Ball Janik LLP Ball Janik LLP is a Florida-based law firm offering construction defect, construction law, insurance recovery, and commercial litigation counsel to its local and national clients. The firm was founded in 1982 and has expanded its capabilities, professionals, and geographic footprint. What started as a small firm focused on real property, land use, and litigation (known then as Ball Janik & Novack) has grown to a team of 50-plus attorneys and paralegals in 5 offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, and Corporate International. Read more here: https://www.balljanik.com/.

Florida's Third DCA Reasserts the Teeth of Chapter 558 and the Future of Construction Defect Litigation

February 23, 2026 — Ryan C. Brooks & Keith G. Salhab - Wood Smith Henning & Berman LLP
The case of Moss & Associates, LLC v. Daystar Peterson and Brickell Heights East Condominium Association, Inc. represents a quiet but significant correction in Florida construction law litigation. The Florida Third District Court of Appeal granted a petition for writ of certiorari and quashed a trial court order that denied a contractor's motion to stay litigation under Chapter 558, Florida Statutes. Though procedurally narrow, the ruling reflects an increasingly assertive appellate stance. Chapter 558's pre-suit notice and right-to-repair process is mandatory, jurisdictional in effect, and not subject to dilution by trial-level discretion. At its core, the opinion reinforces a foundational principle. Florida intends for construction defect disputes to be managed, investigated, and often resolved before they reach a courtroom. The Third DCA's insistence on strict statutory compliance signals to trial courts, and to the plaintiffs' bar, that procedural shortcuts will not be tolerated. Reprinted courtesy of Ryan C. Brooks, Wood Smith Henning & Berman LLP and Keith G. Salhab, Wood Smith Henning & Berman LLP Mr. Brooks may be contacted at rbrooks@wshblaw.com Mr. Salhab may be contacted at ksalhab@wshblaw.com Read the full story...

Traub Lieberman Partners Lauren S. Curtis and Sarah A. Wilkins and Associate Veronica Guerra Win Motion for Summary Judgment

January 21, 2026 — Traub Lieberman
Traub Lieberman Partners Lauren S. Curtis and Sarah A. Wilkins and Associate Veronica Guerra recently won a motion for summary judgment in favor of an insurer in a matter brought before the United States District Court for the Southern District of Florida. In the underlying lawsuit, the insured, a property management company, was being sued in a wrongful death action arising from a shooting that occurred in the common area of a multi-family residential property managed by the insured. The insurer agreed to provide a defense to its insured in the wrongful death action, subject to a reservation of rights based on the policy’s Conditional Coverage Endorsement, which contains various conditions the insured must meet in order for coverage to be triggered under the policy. One of those conditions requires the insured to ensure that a property owner’s insurance policy must not contain any restrictions for assault and battery (“A&B”) exposures, including a sublimit for A&B claims. In this case, the property owner’s insurance policy did indeed contain a sublimit for A&B claims. Read the full story...
Reprinted courtesy of Traub Lieberman

Texas Case Exposes Cracks in the Government Contractor Immunity Shield

November 09, 2025 — Elaine Silver - Engineering News-Record
It started with a horrific crash. Pedro Alfonso Castaneda, the mainstay of a Texas family of five, had finished shopping at a plumbing supply store on an August afternoon in 2019, when he pulled up in his Toyota Tacoma pickup at an intersection adjacent to a busy highway overpass construction project in Pinehurst, Texas. Read the full story...
Reprinted courtesy of Elaine Silver, Engineering News-Record
ENR may be contacted at enr@enr.com

Top 10 Insurance Cases of 2025

January 26, 2026 — Jeffrey J. Vita, Michelle A. Grieco, Kiley Stackpole - Saxe Doernberger & Vita, P.C.
The insurance landscape continues to evolve, shaped by litigation that tests the limits of policy language, coverage obligations, and public policy considerations. In 2025, courts across the country issued several significant rulings that will influence how insurers and policyholders navigate claims and risks. Notable trends in 2025 include disputes over property coverage for wildfire and smoke damage, the treatment of interrelated claims under successive D&O policies, enforcement of arbitration clauses in international insurance contracts, and general liability coverage issues—such as construction exclusions for phased projects and limits on coverage for losses tied to the opioid crisis. This publication spotlights the top insurance cases of 2025, highlighting their legal reasoning, practical implications, and impact for policyholders—plus a look ahead at key cases to watch in 2026. Reprinted courtesy of Jeffrey J. Vita, Saxe Doernberger & Vita, P.C., Michelle A. Grieco, Saxe Doernberger & Vita, P.C. and Kiley Stackpole, Saxe Doernberger & Vita, P.C. Mr. Vita may be contacted at JVita@sdvlaw.com Ms. Grieco may be contacted at MGrieco@sdvlaw.com Ms. Stackpole may be contacted at KStackpole@sdvlaw.com Read the full story...

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