Rosemead California Construction Expert Witness Directory

Midwest Team Secures Resolution of Matter for Homeowners’ Association Client, Recovery of Attorneys’ Fees

February 10, 2026 — Lewis Brisbois Newsroom
Kansas City/Wichita Partner Alan L. Rupe and Kansas City Associate Delaney McCoy recently achieved a victory on behalf of their client, a homeowners’ association that was sued after denying a solar panel application. The plaintiff homeowners challenged the association’s decision in court, and after extensive—and costly—litigation, the court ultimately determined that the dispute was not yet ripe for judicial review. With that threshold issue resolved, the parties were able to work collaboratively to address the solar panel matter itself. But one significant question remained: whether the association was entitled to recover its legal fees under the declaration, despite the American Rule, which generally requires each party to bear its own costs. The client felt understandably taken advantage of because this issue could—and should—have been resolved without litigation. Considerable time and resources were diverted from the community for the advantage of a single household, so the Lewis Brisbois team continued to advocate for the association’s contractual right to recover fees. After oral argument, the Court agreed, enforcing the fee‑shifting provisions in the governing documents and ruling in favor of the homeowners’ association. Read the full story...
Reprinted courtesy of Lewis Brisbois

Insurer’s Late Notice Argument Fails Due to Lack of Prejudice

December 30, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The court refused to dismiss the insured’s claim for hail damage based on late notice because the insurer failed to demonstrate it had suffered prejudice. Borene UMC v. Church Mut. Ins. Co., 2025 U.S. Dist. LEXIS 210767 (W.D. Texas Oct. 27, 2025). Boerne UMC owned multiple buildings that were allegedly damaged during a hailstorm that occurred in May 2021. In August 2022, Boerne hired a contractor to inspect the roofs. The contractor found damage to several roofs and HVAC units and prepared an estimate for repair of over $700,000. Boerne submitted a claim to its insurer, Church Mutual on November 17, 2022. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Insured Successfully Moves to Dismiss Insurer’s Suit to Eliminate Duty to Defend

January 06, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court found that the insurer had a duty to defend and dismissed the insurer’s motion for summary judgment. Travelers Indem. Co. of Conn. v. I.C. Refrigeration Services Inc., 2025 U.S. Dist. LEXIS 221768 (N.D. Cal. Nov. 10, 2025). Flory Construction, Inc. sued the project owner, Highbridge, asserting claims for (1) foreclosure on mechanics liens; (2) breach of contract; and other cliams. Flory agreed to furnish labor, materials and equipment for improvements to Highbridge’s properties. Flory alleges Highbridge failed to provide payment despite Flory completing “all requested contract work . . . except to the extent prevented by Highbridge.” Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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

New California Law Mandates Prompt Resolution of Change Order Payment Disputes on Private Works of Improvement

January 05, 2026 — Samuel Bucher, Marc Coats & William S. Hale, P.E. - Gravel2Gavel Construction & Real Estate Law Blog
On October 10, 2025, Governor Newsom signed SB 440, titled the Private Works Change Order Fair Payment Act. The new law introduces a process and deadlines for handling change order, time extension and payment disputes on private-works construction projects. SB 440 will apply to contracts entered into on or after January 1, 2026, and will remain in effect until January 1, 2030. What Is Changing? Construction projects often undergo changes during the construction process that may result in additional costs for labor and materials. Currently, there are no specific processes mandated for resolving change orders on private works of improvement in California. On January 1, 2017, California implemented Public Contract Code section 9204 to provide a claims resolution process for contractors engaged in public works projects, and SB 440 seeks to implement a similar process for private, nonresidential construction projects. Reprinted courtesy of Samuel Bucher, Pillsbury, Marc Coats, Pillsbury and William S. Hale, P.E., Pillsbury Mr. Bucher may be contacted at samuel.bucher@pillsburylaw.com Mr. Coats may be contacted at marc.coats@pillsburylaw.com Mr. Hale may be contacted at william.hale@pillsburylaw.com Read the full story...

Should Post Contract Award Tariffs be Reimbursable? Why Public Works Contractors Deserve Clarity

November 18, 2025 — Brett M. Hill - Ahlers Cressman & Sleight PLLC
Public works contractors across Washington and the U.S. are grappling with a costly and unresolved question: when the federal government imposes new import tariffs after a contract has been awarded, do those tariffs entitle contractors to additional compensation? The answer depends on the contract and the public agency. Some public works contracts tie relief directly to whether tariffs are considered “taxes.” Others frame their adjustment clauses more broadly, focusing on changes in law or government-imposed costs. For contractors, the distinction is critical. Read the full story...
Reprinted courtesy of Brett M. Hill, Ahlers Cressman & Sleight PLLC
Mr. Hill may be contacted at brett.hill@acslawyers.com

Don’t Assert as a Counterclaim to a Lien Foreclosure Lawsuit an Order to Show Cause Claim

October 27, 2025 — David Adelstein - Florida Construction Legal Updates
If there is a construction lien on your property and you don’t like the lien, here are options to deal with the lien:

You negotiate a resolution a get a satisfaction of lien to record in the public records. Or, you can transfer the lien to the security of a lien transfer bond, but that just means the lienor would need to foreclose against the bond instead of the real property. In other words, the lien is collateralized by the lien transfer bond and not the real property so it does not resolve the lien.
You record a Notice of Contest of Lien to shorten the lienor’s statute of limitations to foreclose on the construction lien to 60 days. (See here.) If the lienor does not timely foreclose, then the lien is of no effect as a matter of law. However, this does force the issue, meaning the lienor may file a lien foreclosure lawsuit sooner than later. (But, if they file the lawsuit sooner, then the lienor was always going to file the lawsuit later.)
You can file a lawsuit for an Order to Show Cause under Fla. Stat. s. 713.21(4) and force the lienor to file a lien foreclosure counterclaim within 20 days from service of the show cause summons. (See here.) The only time you’d really do this is if you want to initiate a lawsuit that you’d probably initiate no matter what. Otherwise, the Notice of Contest of Lien is more cost effective and more efficient.

Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Insured’s Motion to Compel Production of Underwriting Materials Granted

November 04, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The Supreme Court of New York granted the insured’s motion to compel the production of underwriting materials related to identifying additional insureds. Church of St. Andrew v. Western World Ins. Co., 2025 N.Y. Misc. LEXIS 7018 (N.Y. Sup. Ct. Aug. 5, 2025). The Church of St. Andrew (“church”) retained GC Solutions to perform roofing work at its premises. The church required GC Solutions to name it as an additional insured under its general liability policy. GC Solutions provided a Certificate of Insurance naming the church as an additional insured under the policy issued by Western World. While working on the roof, an employee of GC Solutions fell to his death. A wrongful death action was commenced by the decedent’s estate against the church. The church tendered its defense and indemnification to Western World. Western World disclaimed coverage, asserting that the church did not qualify as an additional insured under the policy. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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