Anaheim California Construction Expert Witness Directory

Massachusetts High Court Allows Plaintiffs to Bring Contract-Based Construction Defects Claim After Expiration of Statute of Repose

August 18, 2025 — Will S. Bennett & Ali H. Jamwal - Saxe Doernberger & Vita, P.C.
The Supreme Judicial Court of Massachusetts recently expanded plaintiffs’ rights to bring construction defects suits in the state.[1] The ruling allows plaintiffs in Massachusetts to now bring suit even after the statute of repose for construction defect claims has passed if the cause of action is based on a contractual dispute rather than tort liability. Plaintiff, the Trustees of Boston University (“Boston University”), and defendant, Clough, Harbour & Associates LLP (“CHA”), entered into a contract in June 2012 for CHA to design a new athletic field at the university premises. The contract contained an express indemnification provision. Following completion, Boston University faced numerous issues using the field because of design defects. CHA’s design did not account for seasonal expansion in the joists of the parking structure, which caused depressions in the field, rendering it unsafe and unusable. Boston University incurred expenses to correct these design flaws and informed CHA of these design defects in September 2017. In July 2020, Boston University sued CHA seeking indemnification for its expenses. CHA moved for summary judgment based on Massachusetts’ statute of repose, which limits action for damages arising out of any deficiency or neglect in the design, planning, construction or general administration of an improvement to real property to be commenced no later than six years after the earlier of the dates of either the opening of the site or substantial completion of the project. CHA successfully argued that Boston University was time-barred from bringing a claim, and the trial court granted CHA’s motion. Boston University appealed. Reprinted courtesy of Will S. Bennett, Saxe Doernberger & Vita, P.C. and Ali H. Jamwal, Saxe Doernberger & Vita, P.C. Mr. Bennett may be contacted at WBennett@sdvlaw.com Mr. Jamwal may be contacted at AJamwal@sdvlaw.com Read the full story...

Learning a Lesson by Sweating the Small Stuff

July 01, 2025 — Corey S. Lloyd - The Dispute Resolver
When negotiating contracts, it is sometimes difficult to properly assess the risks and rewards of certain terms. The idiom “that one can’t see the forest through the trees” comes to mind. At times, though, even determining which forest needs to be seen can be the bigger challenge. We are all informed by our experiences and “battle wounds” – sometimes to our own detriment. Recently, my client and I considered a contract provision which many of our clients likely believe is an elementary exercise: the number of adverse weather days that should be included in a prime contract. This exercise led us to some surprising conclusions and forced us to consider whether we were overlooking other seemingly routine contractual provisions. Let’s assume that an owner and general contractor are negotiating a prime contract on a private project. Consider the following two options from the perspectives of each of these two stakeholders. The first perspective will be that of an owner who has experience writing “too many change orders” for weather days. The second perspective will be from a contractor who “never gets enough time for weather.” Read the full story...
Reprinted courtesy of Corey S. Lloyd, Riess LeMieux
Mr. Lloyd may be contacted at clloyd@rllaw.com

Nomos LLP Partner Garret Murai Recognized by Best Lawyers in America

September 02, 2025 — Garret Murai - California Construction Law Blog
Nomos LLP partner Garret Murai has been recognized in the 2026 edition of The Best Lawyers in America® in the area of Construction Law. Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Meet the Forum's Neutrals: MATTHEW W. ARGUE

May 06, 2025 — Marissa L. Downs - The Dispute Resolver
Company: Arbitration Mediation Conciliation Center (“AMCC”) Office Location: San Diego, CA Email: mattargue@onemediator.net Law School: University of Southern California Gould Law Center (1989) Types of ADR services offered: Mediation, Arbitration, Discovery Referee Affiliated ADR organizations: AMCC, AAA Geographic area served: California, Nevada, Washington, Texas (and other jurisdictions via Zoom) Q: Describe the path you took to becoming an ADR neutral. A: My path to mediation was heavily influenced by outside life events. I have been diagnosed with 3 different types of cancer over a 10-year period. After cancer #2, I decided continuing as a trial lawyer working 60+ hours per week was not healthy or wise. I took several years off to recover and rebuild my health, then my former law firm invited me to an annual firm dinner. While reconnecting with old friends, several former partners suggested I consider transitioning to a full-time mediator. A retired Federal District Court judge in San Diego who was doing high-level mediation allowed me to work as a mediation extern for 8 months to kick start my mediation practice. I also spent time observing Randy Wulff, Ross Hart, and other experienced mediators to gain mediation insights. Read the full story...
Reprinted courtesy of Marissa L. Downs, Laurie & Brennan, LLP
Ms. Downs may be contacted at mdowns@lauriebrennan.com

Celebrating BWB&O’s 28 Years of Service!

April 29, 2025 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
April 7, 2025, marks the 28th anniversary of Bremer Whyte Brown & O’Meara! BWBO started from humble beginnings and has grown substantially over the years, expanding from a single office in Orange County to nine locations throughout five states. Our growth and success are a testament to the incredible leaders, employees, and teamwork at BWBO. Today, the firm has over 200 attorneys and more than 400 employees. Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

Nomos LLP Partner Garret Murai Recognized by Super Lawyers

August 05, 2025 — Garret Murai - California Construction Law Blog
Nomos LLP Partner Garret Murai has been recognized as a 2025 Northern California Super Lawyer honoree in the area of Construction Litigation. This is the twelfth consecutive year he has been recognized by Super Lawyers. Super Lawyers, an annual listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and personal achievement, is limited to no more than five percent (5%) of lawyers in a state who are selected through a multiphase process that includes a statewide survey of lawyers, independent research evaluation and peer reviews by practice area. Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP

Anthony LaPlaca Selected as a 2025 Go-To Construction Lawyer by Massachusetts Lawyers Weekly

May 12, 2025 — Anthony LaPlaca - The Construction Seyt
Anthony LaPlaca, Construction partner in Seyfarth’s Boston office, was chosen as a Go-To Construction Lawyer by Massachusetts Lawyers Weekly (MLW) for 2025, recognizing him as one of “the top construction lawyers across the commonwealth.” In LaPlaca’s profile, MLW writes: “LaPlaca has spent his entire career litigating complex construction and design disputes across the country. While he primarily represents general contractors and design professionals, LaPlaca has substantial experience counseling owners and developers on commercial, transportation, entertainment, and energy projects, which allows him to see the best arguments on both sides of any issue.” Read the full story...
Reprinted courtesy of Anthony LaPlaca, Seyfarth Shaw LLP
Mr. LaPlaca may be contacted at alaplaca@seyfarth.com

Motion to Strike Insureds' Experts Denied, Claims under Fair Claims Settlement Act Survives Summary Judgment

August 06, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The court denied the insurer's motion to strike the insureds' expert witnesses, and denied the insurer's motion to dismiss claims under the Texas fair claims settlement act. Gerstman v. Crestbrook Ins. Co., 2025 U.S. Dist. LEXIS 108705 (N.D. Tex. Jun 9, 2025). The insureds' property suffered damage when, during a hail and wind storm, a tree branch fell onto the property. The insureds made a claim with their insurer, Crestbrook Insurance Company. Crestbrook inspected the property and estimated damages totalling $6,061.68. Because the sum was less that the $25,000 deductible, Crestbrook did not make a payment. The insureds hired a public adjuster who estimated repair costs totalling $137,545.19, including a full replacement of the roof. Crestbrook then reinspected and increased the damage estimate of $10,093.45, which was still below the deductible. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES