Anaheim California Construction Expert Witness Directory

High-Rise Design and Construction: Then, Now, and Next

March 16, 2026 — Aarni Heiskanen - AEC Business
The Empire State Building was built in 14 months. Since 2010, the average completion time for a 200-meter-plus building has increased from 4.3 to 5.8 years. Buildings have become more complex, and there's more regulation than in the 1930s. Still, there are ways to make high-rise construction more efficient. An Unlikely Benchmark From 1930 When construction began on the Empire State Building on March 17, 1930, the world was in the midst of the Great Depression. That turned out to be an advantage. Contractors Starrett Brothers & Eken had access to a vast, motivated workforce, peaking at 3,439 workers on a single day in August 1930. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Fire Protection You Can Trust Starts With the Right Testing

December 22, 2025 — Fernanda Gregati - Construction Executive
Steel’s strength and flexibility enable bold architectural design, fast project delivery and enduring structures. Despite its many advantages, steel has one critical vulnerability: It fails in fire of certain temperatures. According to the American Institute of Steel Construction, steel can lose roughly half its load-bearing strength at 1,100°F (593°C). The organization also reports that in real-world building fires, fueled by everyday office contents such as wood, paper and furniture, temperatures can exceed this threshold in minutes. That’s why many building codes mandate passive fire protection systems on exposed structural steel. Among the most effective prove thin-film intumescent coatings that expand under heat to form a charred insulating layer. These coatings delay heat transfer, allowing steel to maintain its integrity long enough to allow more time for evacuation and emergency response. Reprinted courtesy of Fernanda Gregati, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

Second Circuit Revives Policyholder’s Negligence Claim Against Agent

December 08, 2025 — Latosha M. Ellis, Geoffrey B. Fehling & Yosef Itkin - Hunton Insurance Recovery Blog
From insurance agents and wholesalers to risk consultants and policyholders, there are many parties involved in commercial insurance transactions. While each has an important part to play, the policyholder-agent relationship is particularly important to ensure both sides understand their respective roles and obligations when an agent assists in obtaining coverage. The Second Circuit Court of Appeals recently provided important guidance under New York law about the scope of an insurance agent’s responsibilities, particularly when an agent, at a policyholder’s request, expressly takes on tasks beyond simply procuring coverage. The decision underscores that an agent’s obligations can extend beyond standard procurement duties by express agreement, though the outcome could differ under the law of another jurisdiction. Reprinted courtesy of Latosha M. Ellis, Hunton Andrews Kurth LLP, Geoffrey B. Fehling, Hunton Andrews Kurth LLP and Yosef Itkin, Hunton Andrews Kurth LLP Ms. Ellis may be contacted at lellis@hunton.com Mr. Fehling may be contacted at gfehling@hunton.com Mr. Itkin may be contacted at yitkin@hunton.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

Additional Insured’s Claim for a Defense Is Dismissed

December 22, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The court dismissed the additional insured’s complaint seeking a defense against a personal injury case. Piece Mgmt., Inc. v. Atlantic Casualty Ins. Co., 2025 U.S. Dist. LEXIS 205589 (S.D. N. Y. Oct. 18, 2025). The underlying plaintiff, Mustafaa Dais alleged that he was injured when a glass door collapsed onto him as he exited BJ’s Restaurant. Dais sued BJ’s seeking damages for his injuries. He later amended his complaint to add Piece Management, Inc. the property’s management company, and Narway, Inc., the company hired to install the glass door. Under the subcontract between Piece and Narwy, Narway was required to maintain a general liability policy and to add Piece as an additional insured. Narway obtained the required policy from Atlantic Casualty Insurance Company. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Time to Negotiate Limitation on Remedies and Damages Is on the Front End

February 10, 2026 — David Adelstein - Florida Construction Legal Updates
Remember, when it comes to contracts, the time to negotiate and enter into mutually agreed upon bargains is on the front end. And, if the contract is not negotiable, at least you know that and can make the business decision whether you want to accept the bargains and risks. If you don’t, well, you can walk away. Move onto another deal. If you do, then you make the business decision as to the bargains or risk transfers and accept them moving forward. One of those bargains and risks deals with a limitation on damages and remedies. In a recent dispute dealing with the sale of an aircraft, there was a provision dealing with the buyer and seller’s remedies in the event of a breach. (Similar to a real estate transaction or other buyer-seller scenario.) “Contract section 10.4(a) stated that if the buyer defaulted, the seller’s “exclusive remedies” were to keep the aircraft and the buyer’s deposit. Section 10.4(b) stated that if the seller defaulted by “fail[ing] to deliver the [aircraft] in accordance with the terms of [the contract],” the buyer’s “sole remedies” were the seller’s reimbursement of the buyer’s inspection costs.” Sky Aviation Holdings, LLC v. Aviation Unlimited, 50 Fla.L.Weekly D2658c (Fla. 4th DCA 2025). As you can see, there was a limitation on the seller’s damages. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

How to Fireproof a Neighborhood

March 17, 2026 — Linda Poon - Bloomberg
As builders in fire-prone areas like California race to reimagine homes for a more fiery future, one developer is zooming out to build entire fire-resilient neighborhoods. KB Home’s developments tackle an issue that’s hard for any individual homeowner to overcome: “You can do your home perfectly, but if your neighbor didn’t, you still have a fire risk,” said Roy Wright, chief executive officer of the research nonprofit Insurance Institute for Business and Home Safety. In other words, to slow the spread of urban fires it takes a village. Read the full story...
Reprinted courtesy of Linda Poon, Bloomberg

Reminder: You Can’t Make Others Indemnify You for Your Own Actions

January 13, 2026 — Christopher G. Hill - Construction Law Musings
I have spoken about Virginia Code 11-4.1 and the prohibition on forcing others to indemnify for the actions of the indemnitees on a few occasions here at Construction Law Musings (See Uniwest Posts). The Western District of Virginia gave its take on indemnification clauses and why they need to be carefully drafted in a December 2024 case, Sauer Construction, LLC v. MC3 Solutions, LLC et al. In Sauer, the Court looked at, among other things, an indemnification provision between MC3, a subcontractor to Sauer, and MC3s sub-subcontractor, Bonitz Flooring Group. This was the relatively typical construction dispute where a general contractor sues a subcontractor and then that subcontractor sues its supplier and sub-subcontractors for indemnity pursuant to its contract. When faced with the indemnification claim, Bonitz argued that the indemnification provision violated the Va. Code 11-4.1 because it required Bonitz to indemnify MC3 for MC3’s actions. The provision follows the break. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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