Anaheim California Construction Expert Witness Directory

Construction Liens and the “Substantial Performance” Doctrine

April 08, 2026 — David Adelstein - Florida Construction Legal Updates
In a recent case dealing with a construction lien, the driving issue was whether the air conditioning contractor “substantially performed” before recording its construction lien against residential property. The importance here pertains to the substantial performance doctrine with respect to construction liens. The Third District Court of Appeal explained, with relevant citations, this doctrine as follows: Under Florida law, a contractor is entitled to a mechanic’s lien if he complies with all provisions of Chapter 713, governing construction liens, and “has substantially performed the contract.” Grant v. Wester, 679 So. 2d 1301, 1307 (Fla. 1st DCA 1996) (quotation omitted); Langley v. Knowles, 958 So. 2d 1149, 1151 (Fla. 5th DCA 2007) (“The substantial performance doctrine recognizes that a contactor who complies with all of the provisions of the contactor’s lien statute is entitled to enforce a lien if he has substantially, but not completely, performed his contractual obligations.”). Substantial performance is performance “so nearly equivalent to what was bargained for that it would be unreasonable to deny the promisee the full contract price subject to the promisor’s right to recover whatever damages may have been occasioned him by the promisee’s failure to render full performance.” Ocean Ridge Dev. Corp. v. Quality Plastering, Inc., 247 So. 2d 72, 75 (Fla. 4th DCA 1971). Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Cross-Office Team Secures Summary Judgment Win in Negligence Action with $2M Demand

December 02, 2025 — Lewis Brisbois Newsroom
St. Louis, Mo. (October 15, 2025) - St. Louis Managing Partner Tracy Cowan and Kansas City Partner Jonathan Craig secured a summary judgment win in a Missouri negligence action with a $2 million demand. The plaintiff alleged he fell on uncleared ice on the client hotel’s parking lot and sustained a shoulder injury that required significant surgical intervention and loss of use. The Lewis Brisbois team’s aggressive discovery revealed that there was significantly more to the story, including that the plaintiff had made several trips back and forth on the hotel’s allegedly icy parking lot prior to injuring himself. Read the full story...
Reprinted courtesy of Lewis Brisbois

A Couple of Mechanic’s Lien Bills in VA [UPDATED]

February 23, 2026 — Christopher G. Hill - Construction Law Musings
Well, its that time of year again, the Virginia General Assembly is in session and looking to make changes to all kinds of things here in the Commonwealth. While most of those changes are well outside of the subject of Construction Law Musings, changes to the mechanic’s lien statutes certainly are not. This year, the Virginia General Assembly is poised to make some big changes if certain legislation gets out of committee and passes the legislature, a description and some comments on these follow: HB752 – Mechanics’ liens; liens attaching to property; memorandum of lien. [Original Description] Removes the exclusion of the attachment of a mechanic’s lien to property improved or repaired when the lien is based on a claim for repairs or existing structures. The bill further removes (i) the ability of a lien claimant to file any number of memoranda of lien including the details relating to the lien and (ii) the provisions of the Code specifying that no memorandum filed shall include sums due for (a) labor or materials furnished more than 150 days prior to the last day labor was performed or (b) material furnished to the job preceding the filing of such memorandum. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Mortgage Company Fails to Prove Loss or Entitlement to Damages, Eliminating Recovery

December 15, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The trial court’s dismissal of a declaratory judgment action after the mortgage company failed to prove the loss or entitlement to damages was affirmed. Erie Ins. Co. v. F St. Investments, LLC, 2025 Ohio App. LEXIS (Ohio Ct. App. Oct. 14, 2025). MR DLB Properties LLC was in the business of property restoration and renovation. MR DLB executed a mortgage on three properties as secuirty for payment on a note issued by mortgagee F Street. As a condition of the mortgage, MR DLB obtained commercial liability insurance coverage with Erie. The policy provided $908,100 in replacement/repair property coverage and listed F Street as first mortgagee. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Trump Replaces Architect to Lead $300 Million Ballroom Design

December 30, 2025 — Skylar Woodhouse - Bloomberg
President Donald Trump has tapped a new architect to help plan his $300 million White House ballroom wing, assigning the former lead designer to a consultant role in the high-profile and controversial project. Shalom Baranes Associates, a Washington-based architecture firm, will design the ballroom that will be built in place of the demolished East Wing, according to a White House official. James McCrery, who was previously named to lead the project, will remain in a consulting role. “Shalom is an accomplished architect whose work has shaped the architectural identity of our nation’s capital for decades and his experience will be a great asset to the completion of this project,” White House spokesman Davis Ingle said. Read the full story...
Reprinted courtesy of Skylar Woodhouse, Bloomberg

California Enacts Change Order Fair Payment Act

March 24, 2026 — Michael J. Baker - Snell & Wilmer
For private works construction contracts entered on or after January 1, 2026, recent legislation establishes a claims and dispute resolution process for change orders. The law is codified at Civil Code § 8850. A synopsis of the pertinent provisions includes the following:

Submitting a Claim. Contractors or subcontractors must submit a detailed, documented claim when requesting additional time or payment.
Owner’s Response Time. The owner must meet and confer within thirty (30) days after receiving the claim. Within ten (10) days of meeting, the owner must provide a written statement identifying which portions of the claim are undisputed and which are disputed. An owner’s failure to respond is treated as disputing the entire claim.

Read the full story...
Reprinted courtesy of Michael J. Baker, Snell & Wilmer
Mr. Baker may be contacted at mjbaker@swlaw.com

Court to General Contractor: Too Late to Reclaim $600K Sub Overpayment

March 03, 2026 — Richard Korman - Engineering News-Record
Massachusetts contractors and their attorneys are once again testing the limits of the state's 15-year-old prompt-pay law, with concerned prime contractors asking an appeals court to overturn a lower court ruling that they believe gives subcontractors a powerful upper hand in payment disputes. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

Surety Liability Is Coextensive with Its Bond Principal

April 14, 2026 — David Adelstein - Florida Construction Legal Updates
A recent Miller act payment bond case, U.S. f/u/b/o Whitetail General Constructors v. Northcon, Inc., 2026 WL 46671 (D.Mont. 2026), contains a short noteworthy discussion as to a surety’s liability being coextensive with that of its bond principal. If you are bonded, or you are pursuing a bond, you need to appreciate this, which is why this is a noteworthy discussion:

A “surety’s liability on a Miller Act bond must be at least coextensive with the obligations imposed by the Act if the bond is to have its intended effect.” “Therefore, ‘the liability of a surety and its principal on a Miller Act payment bond is coextensive with the contractual liability of the principal only to the extent that it is consistent with the rights and obligations created under the Miller Act.’” In other words, “[w]here a subcontract’s terms are consistent with the Miller Act’s provisions, the surety’s liability on the Miller Act bond is coextensive with the contractual liability of its princip[al].”

“The liability of a surety under the Miller Act is controlled by federal law, rather than state contract law[.]” The court may, however, “look to state law when interpreting contractual provisions” in a Miller Act case.

“[T]he measure of recovery under the Miller Act is generally determined by the terms of the subcontract [or underlying contract].”

Northcon, supra, at *4-5 (internal citations omitted).

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

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