ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

BWB&O Recognized Among 2026 Best Law Firms® in the United States

December 08, 2025 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is proud to announce its inclusion in the 2026 edition of Best Law Firms® in the United States, receiving national and regional rankings across multiple practice areas for the sixth consecutive year. National Tier 3

• Construction Law

Regional Tier 1: Orange County

• Family Law
• Personal Injury Law
• Construction Law

Regional Tier 2: Los Angeles and Las Vegas

• Construction Law

San Diego

• Real Estate Litigation

Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

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Application of Ordinance and Law Coverage in Property Insurance Policy and Twenty-Five Percent Rule

December 08, 2025 — David Adelstein - Florida Construction Legal Updates
A recent case involved a homeowner’s all-risk property insurance policy with ordinance and law coverage. This ordinance and law coverage required the carrier “to cover costs that the [insureds] incur as a result of any ordinance that requires them to replace ‘the portion of the undamaged part of a covered building or other structure necessary to complete the remodeling, repair or replacement of that part of the covered building or other structure damaged by a Peril Insured Against.” Weston v. Universal Property & Casualty Insurance Co., 50 Fla.L.Weekly D2307a (Fla. 2d DCA 2025). The property insurance policy required the insurer to pay the actual cash value of the loss, minus any deductible, and “any remaining amounts necessary to perform such repairs as work is performed and expenses are incurred.” Id. Here, the insureds sustained roof damage from a storm. The insureds had an expert that opined, with a reasonable degree of certainty, that the entire roof needed to be replaced because “[t]here was damage to more than twenty-five percent of the roof, and the Florida Building Code provided that if more than twenty-five percent of the roof was damaged, then the entire roof should be replaced.” Weston, supra. The insureds also had an expert that testified to an estimate- the replacement cost of the damage as well as the actual cash value of that damage. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Did You Get the Message? (And does it count?) The Legal Consequences of Text Messages, Group Chats, and Informal Digital Communication on Construction Projects

March 17, 2026 — Kellie Ros & Curtis Martin - ConsensusDocs
Introduction: The New Reality of Construction Communication Construction projects have always depended on a constant stream of communication. Today’s project managers, superintendents, and foremen have broadened the method of communication to include convenient forms of digital communication. Superintendents text photos of field conditions, owners send quick approvals through WhatsApp, architects clarify design intent in a Teams chat, and subcontractors coordinate sequencing through group texts. These channels are fast, convenient, and deeply embedded in modern project culture. Yet the legal framework governing construction contracts has not evolved at the same pace. Many contracts still assume – or require – that notice, directives, and approvals occur through formal written channels—letters, emails to designated recipients, or structured project‑management platforms. This disconnect creates significant legal risk, particularly for contractors who rely on informal messages as authorization for extra work or schedule changes. Courts are increasingly asked to interpret text messages, chat threads, and screenshots as evidence of notice, direction, or waiver. The outcomes vary, but the trend is unmistakable: informal digital communication is now part of the project record, and it can bind parties in ways they did not expect. Reprinted courtesy of Kellie Ros, Peckar & Abramson, P.C. and Curtis Martin, Peckar & Abramson, P.C. Ms. Ros may be contacted at kros@pecklaw.com Mr. Martin may be contacted at cmartin@pecklaw.com Read the full story...

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Executive Order Addresses Wildfire Rebuilding Delays Through Federal Preemption of State and Local Permitting

February 10, 2026 — Olivia LaCasto & Josh Schneiderman - Snell & Wilmer
Quick Take On January 23, 2026, one year after the Los Angeles wildfires, the President issued Executive Order 14377 directing the Secretary of Homeland Security, acting through the Administrator of the Federal Emergency Management Agency (FEMA), and the Administrator of the Small Business Administration (SBA) to consider regulations that would preempt state and local permitting requirements for federally funded reconstruction projects in the Pacific Palisades and Eaton Canyon areas. The Order mandates expedited federal environmental and historic preservation reviews, directs the development of legislative proposals, and orders an audit of California’s use of Hazard Mitigation Grant Program (HGMP) funding. Key Provisions Federal Preemption of State and Local Permitting The Order directs FEMA and the SBA to consider promulgating regulations that would preempt state or local permitting processes found to have “unduly impeded” the timely use of federal emergency-relief funds by homeowners, businesses, or houses of worship seeking to rebuild. Under the proposed framework, preempted permitting regimes would be replaced with a self-certification requirement, whereby builders would certify to a federal designee that they have complied with all applicable substantive state and local health and safety standards. FEMA would retain authority to review all repairs and construction for compliance with applicable health and safety standards. Proposed regulations must be published within 30 days, with final regulations due within 90 days. Reprinted courtesy of Olivia LaCasto, Snell & Wilmer and Josh Schneiderman, Snell & Wilmer Ms. LaCasto may be contacted at olacasto@swlaw.com Mr. Schneiderman may be contacted at jschneiderman@swlaw.com Read the full story...

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Always Keep Your Time Limits in Mind—to Know When You Can Sue, and When You Can No Longer Be Sued (Law Note)

December 15, 2025 — Melissa Dewey Brumback - Construction Law in North Carolina
As the calendar year is getting a little long in the tooth, the subject of time becomes top of mind. Time, in litigation, can make or break your ability to sue (or be sued). A recent blog post by blogger John Caravella addressing statutes of limitations in New York (6 years) and Florida (5 years) brought to mind the issues that sometimes surprise folks working in North Carolina. In North Carolina, the statute of limitations is (generally) set at 3 years for breach of contract matter, including breaches of construction contracts. However, there are always exceptions. The statute of repose in North Carolina for damages to real property is 6 years. What that means is that if there is a ‘latent defect’ that is not obvious right away, you may still have a claim beyond three years (but not beyond the 6 year repose limit). Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
Ms. Brumback may be contacted at mbrumback@rl-law.com

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Supreme Court Strikes Down IEEPA Tariffs: The Refund Process Will Be Messy

March 10, 2026 — Brett W. Johnson, Derek Flint, T. Troy Galan & Thomas Williams - Snell & Wilmer
On February 20, 2026, the U.S. Supreme Court held in Learning Resources, Inc. v. Trump, and the consolidated case Trump v. V.O.S. Selections, Inc., that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs unilaterally.1 The decision invalidates both the “reciprocal” tariffs and the drug-trafficking tariffs imposed under IEEPA. For importers, the immediate question is whether, how, and when refunds can actually be obtained. On that issue, the U.S. Supreme Court provided no roadmap. To the contrary, the dissent warned that the United States “may be required to refund billions of dollars,” that the process is likely to be a “mess,” and that the majority opinion “says nothing today about whether, and if so how, the Government should go about returning the billions of dollars that it has collected from importers.” Reprinted courtesy of Brett W. Johnson, Snell & Wilmer, Derek Flint, Snell & Wilmer, Saved By The Statute: The Economic Loss Doctrine Does Not Bar Claims Under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law

From ‘Cuckoo’s Egg’ to Today’s Cyber Threat Landscape

The Real Cost of ‘Dirt Cheap’ Walmart & Amazon Tiny Homes: 10 Things Consumers Should Know

Indiana Court Enforces Contract Provisions rather than Construction Drawing Markings

Limited Number of Insurance-Related Bills Passed by 2014 Hawaii Legislature

New York Preserves Subrogation Rights

Developer Transition - Maryland Condominiums

Does Your 998 Offer to Compromise Include Attorneys’ Fees and Costs?

Renovation Contractors: Be Careful How You Disclose Your Projects

South Carolina Legislature Redefining Occurrences to Include Construction Defects in CGL Policies

The Right to Repair Act Means What it Says and Says What it Means

Wendel Rosen’s Construction Practice Group Receives “Tier 1” Ranking by U.S. News and World Reports

Court Rejects Efforts to Limit Scope of Judgment Creditor’s Direct Action Under Insurance Code Section 11580

Congratulations to Partner Madeline Arcellana on Her Selection as a Top Rank Attorney in Nevada!

Airbnb Declares End to Party!

Most Common OSHA Violations Highlight Ongoing Risks

Contractor Sentenced to 7 Years for “Hail Damage” Fraud

Partners Patti Santelle and Gale White honored by as "Top Women in Law" The Legal Intelligencer

Ken Walton Named a 2025 Massachusetts “Go To Lawyer” for Construction Law

The Age of Uncertainty: Monitoring Construction Policy Shifts

California Appeals Court Says Loss of Use Is “Property Damage” Under Liability Policy, and Damages Can be Measured by Diminished Value

Are You a Construction Lienor?

The Contractor’s Contingency: What Contractors and Construction Managers Need to Know and Be Wary Of

Nevada Supreme Court Declares Subcontractor Not Required to Provide Pre-Litigation Notice to Supplier

David M. McLain, Esq. to Speak at the 2014 CLM Claims College

Protect Your Projects By Identifying and Co
US Civil Rights Tools Are Failing the Most Polluted Black Communities

Highest Building Levels in Six Years in Southeast Michigan

Bond Principal Necessary on a Mechanic’s Lien Claim

FEMA Fire Management Assistance Granted for the French Fire

The Looming Housing Crisis and Limited Government Relief—An Examination of the CDC Eviction Moratorium Two Months In

Hawaii State Senate Requires CGL Carriers to Submit Premium Information To State Legislature

Three Kahana Feld Attorneys Recognized in The Best Lawyers in America® 2025

General Contractor’s Professional Malpractice/Negligence Claim Against Design Professional

Homebuilders Leading U.S. Consumer Stocks: EcoPulse

Property Insurance Exclusion: Leakage of Water Over 14 Days or More

Lasso Needed to Complete Vegas Hotel Implosion

Construction Case Alert: Appellate Court Confirms Engineer’s Duty to Defend Developer Arises Upon Tender of Indemnity Claim

Insurer Prohibited from Bringing Separate Contribution Action in Subrogation to Rights of Suspended Insured

Reversing Itself, Alabama Supreme Court Finds Construction Defect is An Occurrence

Anti-Concurrent Causation Clause Eliminates Loss from Hurricane

Construction Defect Reform Bill Passes Colorado Senate

California Supreme Court Rules Developers can be Required to Include Affordable Housing

Employee or Independent Contractor? New Administrator’s Interpretation Issued by Department of Labor Provides Guidance

West Coast Casualty’s Construction Defect Seminar Returns to Anaheim May 15th & 16th

#2 CDJ Topic: Valley Crest Landscape v. Mission Pools

The Court of Appeals Holds That Indifference to Safety Satisfies the Standard for a Willful Violation Under WISHA

How Fort Lauderdale Recovered a Phished $1.2M Police HQ Project Payment

Construction Needs Collaborative Planning

Competent, Substantial Evidence Carries Day in Bench Trial

Remodels Replace Construction in Redding

Housing Woes Worse in L.A. Than New York, San Francisco

CA Supreme Court Set to Rule on Important Occurrence Issue Certified by Ninth Circuit

Developer Sues TVA After It Halts Nuke Site Sale

Housing Starts Plunge by the Most in Four Years

Third Circuit Affirms Use of Eminent Domain by Natural Gas Pipeline

Insureds' Experts Insufficient to Survive Insurer's Motion for Summary Judgment

New OSHA Regulations on Confined Spaces in Construction

Insurer Not Required to Show Prejudice from an Insured’s Late Notice When the Parties Contract for a Specific Reporting Period

Chambers USA 2020 Ranks White and Williams as a Leading Law Firm

What You Need to Know to Protect the Project Against Defect Claims

Nebraska Joins the Ranks—No CGL Coverage for Faulty Work

Court of Appeal Confirms Privette Doctrine as Applied to Passive Conduct of Property Owner

How Mushrooms Can Be Used To Make Particle Board Less Toxic

Certifying Claim Under Contract Disputes Act

Seattle’s Tallest Tower Said Readying to Go On the Market

Multiple Occurrences Found For Claims Against Supplier of Asbestos Products

Risky Business: Contractual Protections in the 'New Normal'

Owner Bankruptcy: What’s a Contractor to Do?

Federal Judge Vacates CDC Eviction Moratorium Nationwide

Hurricane Warning: Florida and Southeastern US Companies – It is Time to Activate Your Hurricane Preparedness Plan and Review Key Insurance Deadlines

Bad Faith Claim for Investigation Fails

Owner’s Obligation Giving Notice to Cure to Contractor and Analyzing Repair Protocol

Court Grants Summary Judgment to Insurer in HVAC Defect Case

The Problem with Bunting with Two Strikes

Judge Sentences Roofing Contractor Owner in Florida PPP Fraud Case