ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Exclusion Bars Coverage For Cosmetic Hail Damage to Roof

January 13, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court granted the insurer’s motion for summary judgment, finding there was no coverage for hail damage due to an exclusion for cosmetic hail damage. Cannon Falls Area Schools v Hanover Am. Ins. Co., 2025 U.S. Dist. LEXIS 206792 (D. Minn. Oct. 21, 2025). On April 22, 2022, a hailstorm and high winds damaged the insured School’s buildings. The School’s buildings had metal roofs. The parties agreed that the hailstorm caused indentations to the roofs, but did not puncture the metal on the roofs. Since the storm, the roofs had not leaked. The School submitted a claim for property damage to its insurer, Hanover. A portion of the claim for damage to the HVAC equipment was paid. The remainder of the claim was denied based on the policy’s Cosmetic Damage Exclusion which excluded coverage for cosmetic damage to roof surfacing caused by wind or hail. 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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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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Modular Construction’s Big Boom: New Risks Outpacing Standard Contracts in Industrial Projects

March 24, 2026 — Chad Theriot & Jack Mayo - Construction Executive
Modular construction is revolutionizing the construction industry, tackling labor shortages, sustainability goals and supply-chain challenges, with the global market for modular and prefabricated construction projected to reach over $200 billion by 2030. While residential builders have embraced modular’s speed and affordability, the greatest risks—and opportunities—are emerging in the industrial sector, where project scale and complexity demand new legal strategies. In 2023, Chad Theriot explored industrial and infrastructure applications of modular construction, addressing risks like offsite fabrication and integration complexities in his article, “The Rise of Modular Construction—Impacts for Consideration.” Since that time, modular construction has continued to experience significant advancements and has been increasingly adopted by contractors across a broad spectrum of industrial and commercial projects. As modular construction continues to reshape the industrial landscape, contractors and owners alike must be mindful of the legal implications associated with its use, specifically as it relates to liability and risk allocation, regulatory compliance, quality control and upstream factors such as transportation and intellectual property concerns. Reprinted courtesy of Chad Theriot and Jack Mayo, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Newmeyer Dillion Announces Jacqueline McCalla as Its Newest Partner

February 02, 2026 — Newmeyer Dillion
NEWPORT BEACH, CALIF. – January 28, 2026 – Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that Walnut Creek attorney Jacqueline McCalla has been elected to partnership. Jacqueline focuses her practice on business and construction litigation. In her practice, Jacqueline takes pride in assisting businesses of all sizes and entrepreneurs in various matters whether it be a pre-litigation matter or in litigation, from case inception through trial. She represents developers, builders, and contractors in complex, multi-party disputes involving a variety of residential, commercial, and mixed-use properties. Jacqueline's practice also includes litigating insurance disputes. Jacqueline leverages her past experience advocating for both carriers and insureds to now help companies better understand their policies and stay protected. "Since joining the firm, Jacqueline has been a thoughtful, hardworking, and solutions-oriented attorney who consistently delivers great results for our clients," said Managing Partner Paul Tetzloff. "It's no surprise that clients value her work and actively seek her out." Jacqueline earned a B.A. in Legal Studies from University of California, Berkeley, and a J.D., from University of San Francisco School of Law, graduating magna cum laude. About Newmeyer Dillion For over 40 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 60 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's operations, growth, and profits. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com.

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Damage from Frozen Pipes Excluded from Coverage

March 31, 2026 — Tred R. Eyerly - Insurance Law Hawaii
Applying Texas law, the federal district court found there was no coverage for damage to the insured’s commercial building due to the bursting of frozen pipes. Barona v. State Farm Lloyds, 2025 U.S. Dist. LEXIS 257379 (S.D. Texas Dec. 12, 2025). Freezing weather froze Barona’s plumbing fixtures, causing significant water damage to the commercial property when the plumbing eventually expanded and burst. State Farm sent an inspector. During the inspection, Barona stated that he turned off the heat to his building but did not shut off the water supply or drain the pipes. State Farm denied covered based on the policy’s exclusion for frozen plumbing. 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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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

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The Who/What/How of Sealing Plans for Architects and Engineers (Law Note)

March 03, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
The proper use of professional seals in North Carolina is critical. Failure to follow the prescribed requirements can subject you or your Firm to a Board sanction. Did you know that the NC Board of Architecture and the NC Engineering Board have jointly prepared a fairly straightforward document that can tell you exactly what you need to know about sealing of plans? That document, the “Seal Brochure” (pdf) is available for download. Every state’s regulations are a little different (thank you Federalism!) so it is worth reviewing with your staff at regular intervals, especially if you do work across state lines. Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

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FTC Issues Warning Letters to Property Management Software Providers on Price Transparency

January 26, 2026 — Christine Tenley, Patrick A. Garcia & Michael Hettig - Lewis Brisbois
Atlanta, Ga. (December 23, 2025) - On December 8, 2025 the Federal Trade Commission (“FTC”) sent what it is describing as a “Warning Letter” to companies that provide property management software to landlords (“Software Providers”). While the letter does not speak specifically to landlords, landlords can still use the information contained in the letter to adopt best practices to avoid potential enforcement action. The Warning Letter references two high profile civil enforcement actions the FTC has undertaken in the last two years: FTC v. Invitation Homes, and FTC v. Greystar Real Estate Partners, LLC, et al., two cases in which the FTC targeted landlords for what it deemed unfair or deceptive advertising practices. Citing those cases, the FTC warns software providers that they must provide platforms on which landlords can accurately advertise the total monthly cost of a rental property rather than simply advertising the monthly rental payment. The FTC then warns that failure to create platforms that share the total monthly payments may result in enforcement action. Reprinted courtesy of Christine Tenley, Lewis Brisbois, Patrick A. Garcia, Lewis Brisbois and Michael Hettig, Lewis Brisbois Ms. Tenley may be contacted at Christine.Tenley@lewisbrisbois.com Mr. Garcia may be contacted at Patrick.Garcia@lewisbrisbois.com Mr. Hettig may be contacted at Michael.Hettig@lewisbrisbois.com Read the full story...

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