Rosemead California Construction Expert Witness Directory

Texas Voids Out-of-State Forum and Choice of Law Clauses in Construction Contracts

March 17, 2026 — Conor G. Bateman - Snell & Wilmer
The Texas Legislature amended statutes impacting construction contracts for projects located in Texas to declare any forum selection clause or choice of law provision “void as against public policy,” and mandate venue for any litigation or arbitration shall be in the Texas county in which the work is performed. The parties may stipulate to a different venue only after the dispute arises. Forum selection clauses and choice of law provisions are common in construction contracts. Frequently, general contractors based in other jurisdictions require subcontractors to sign contracts designating the contractor’s preferred venue for any dispute. These contracts may also select the law of another state to govern the contract. Read the full story...
Reprinted courtesy of Conor G. Bateman, Snell & Wilmer
Mr. Bateman may be contacted at cbateman@swlaw.com

Can Anyone Save Gary, Indiana?

November 18, 2025 — Zach Mortice - Bloomberg
On either side of the impeccably refined and classically domed City Hall and courthouse buildings that make up the largely vacant civic core of Gary, Indiana, are two stark white modernist buildings. Both were designed by Black architect Wendell Campbell, a founder of the National Organization of Minority Architects, and built in the 1980s, a time when the industrial city was reeling from job and population losses and desperate to rescue a downtown in full collapse. One of them is a sports and fitness center that’s still in use, but the 83,000-square-foot Genesis Convention Center, built in 1981, has been empty since 2020. The city is currently weighing redevelopment or demolition; one idea has been to use the building’s blank white facade as a canvas for murals and public art. But in a city with at least 7,000 abandoned buildings, there’s no lack of alternative wall spaces. Read the full story...
Reprinted courtesy of Zach Mortice, Bloomberg

Why the Total Recordable Incident Rate Doesn’t Tell the Whole Safety Story

November 09, 2025 — David Tibbetts - Construction Executive
TRIR - total recordable incident rate - has long served as the standard metric for tracking workplace injuries. However, events with the potential to result in a serious injury and fatality - or SIF-potential - demand more attention than standard metrics provide. While TRIR has long been used as a benchmark for safety performance, it doesn’t reflect the presence of high-risk exposures that could lead to life-altering or fatal outcomes. TRIR remains a key safety metric, but recognizing and responding to SIF-potential events is essential for organizations committed to true safety excellence. A Tale of Two Projects For example, look at how an overreliance on TRIR can impact two separate jobsites. Both projects have worked 150,000 hours with a significant amount of high-risk activities including site work, steel erection, precast concrete and curtain wall installation. Reprinted courtesy of David Tibbetts, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

Navigating the DOT’s Interim Final Rule on DBE Certification Standards - and Preparing for the (Bumpy) Road Ahead

October 27, 2025 — Virginia Trunkes - Construction Law Zone
Last week, as a result of the federal government shutdown, news outlets reported on a pause in processing project reimbursements for the massive bi-state Hudson Tunnel Gateway Program and New York City’s Second Avenue Subway line. Beyond the political finger-pointing and investigation into the pause’s impact (the billions of dollars already appropriated remain untouched) is the federal Department of Transportation’s publication, also last week, of its interim final rule (“IFR”) Docket No. DOT–OST–2025–0897. Effective October 3, 2025, this IFR removes from its regulations at 49 C.F.R. Parts 23 and 26 race and gender-based presumptions of social and economic disadvantage from DOT’s regulations governing its Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) programs. In doing so, it replaces terms like “race-neutral/race-conscious” with “DBE-neutral/DBE-conscious” frameworks, and adds new sections (§§ 23.81 and 26.111) that require each Unified Certification Program (UCP), i.e., each state’s agency that sets the criteria for firms seeking DBE/ACDBE certification, to reevaluate any currently certified DBE, to recertify any DBE that meets the new certification standards, and to decertify any DBE that does not meet the new certification standards or fails to provide additional information required for submission under the new certification standards. Read the full story...
Reprinted courtesy of Virginia Trunkes, Robinson & Cole LLP
Ms. Trunkes may be contacted at vtrunkes@rc.com

VF Law Strengthens Litigation Practice with Experienced Litigation Attorney Andre Egle in the Seattle Office

October 27, 2025 — VF Law
Seattle, WA - VF Law, a full-service law firm, is pleased to announce that seasoned litigator, Andre Egle, has joined the firm. Andre has over 20 years of experience in commercial litigation, representing large and small businesses, as well as individuals, including builders, developers, general contractors, and contractors, in complex litigation matters. Andre has litigated cases that have involved a plethora of different subject matters both in federal and state courts. In his practice, he has been primarily focused on breach of contract claims, insurance coverage and bad faith matters, defective construction and construction management disputes, as well as cases that arose out of disputes with various real estate issues, such as employment discrimination, wage and hour claims, personal injury, covenants not to compete, and trade secrets. "We're pleased to welcome Andre to the team with his many strengths, including serving as a trusted advisor to clients," said VF Law Managing Partner T. Beau Ellis. "His diverse experience managing high-stakes matters makes him a strong addition to help our clients succeed in litigation." Before joining VF Law, Andre served as a litigation attorney in Washington state at other boutique law firms and in private practice. Andre has represented various community associations in litigation matters, including, without limitation, insurance loss and uninsured expense allocation issues, contract review, fair housing matters, breach of fiduciary duty, and more. Andre received his law degree from the University of Washington School of Law and his Bachelor of Laws from the University of Latvia. He is fluent in English and Russian. "It's an honor to be joining such a forward-thinking, agile law firm to collaborate with colleagues daily, and to utilize my extensive experience and strategic insights to obtain results that are sought after by the firm's clients," said Andre. "I am a steadfast, business-savvy advocate who always strives to resolve clients' legal problems in a cost-effective manner while being keenly aware of their business goals." About VF Law VF Law understands that legal matters are personal matters. We tirelessly advocate for our clients, utilizing our outstanding knowledge and experience to deliver positive results. Across numerous core practice areas, VF Law attorneys have built a reputation for their depth of expertise, personalized service, and bold strategies. We foster client relationships founded upon confidence and trust. Visit www.vf-law.com.

California Supreme Court Approves of Annual Civility Oath for Attorneys, Rejects Incivility As Basis for Disciplinary Measures

December 08, 2025 — Saul Lopez - Lewis Brisbois Newsroom
San Diego, Calif. (October 20, 2025) - Courts and lawmakers in California and across the country are continuing to grapple with the ongoing problem of incivility among lawyers. Nearly every week a new story is publicized in which an attorney is sanctioned or rebuked for sharp rhetoric in filings or combative behavior in the courtroom. The erosion of courtesy threatens not only collegiality but also the fair administration of justice. On July 20, 2023, the State Bar of California Board of Trustees made an effort to restore respect and decorum within the practice of law within the Golden State. It approved and sent proposed measures to improve the civility of attorneys in California to the California Supreme Court for review and approval. The proposed measures included: (1) changes to California Rule of Court 9.7 that would require attorneys to reaffirm their oath of civility annually; and, (2) amendments to the Rules of Professional Conduct that would add acts of incivility as a basis for disciplinary measures against attorneys. Read the full story...
Reprinted courtesy of Saul Lopez, Lewis Brisbois
Mr. Lopez may be contacted at Saul.Lopez@lewisbrisbois.com

Ball Janik LLP Elevates Construction Litigation Attorneys Keegan A. Berry and Nicholas B. Vargo to Partner

February 02, 2026 — Ball Janik LLP
Orlando, FL – January 28, 2026 – Ball Janik LLP is pleased to announce the elevation of Keegan A. Berry and Nicholas B. Vargo to Partner, effective 2026. Both attorneys are dedicated to their clients and have provided significant contributions to the firm's Construction Defect and Litigation practice. "Keegan and Nicholas exemplify the excellence and client-focused approach that define Ball Janik LLP," said James C. Prichard, Managing Partner of Ball Janik LLP. "Their elevation to Partner reflects not only their exceptional legal skills and dedication to our clients but also their commitment to advancing the firm's mission. We are proud to recognize their achievements and look forward to their continued leadership." Berry is based in Ball Janik LLP's Orlando office and is a Florida Bar Board Certified Specialist in Construction Law. Throughout his career, Berry has focused on complex litigation and resolving matters through arbitration, alternative dispute resolution, and trial, with extensive experience both prosecuting and defending construction claims on behalf of owners, contractors, and manufacturers. His practice also encompasses complex commercial and general litigation, including business torts, professional liability, products liability, and general liability. "I'm honored to continue serving Florida's business and property owner communities as a partner at Ball Janik, leveraging my experience to deliver efficient, results-driven solutions in even the most complex construction disputes," said Berry. Vargo is based in Ball Janik LLP's Tampa office and is a Florida Bar Board Certified Specialist in Construction Law. He focuses on Construction Litigation, representing residential and commercial property owners in construction defect litigation. Vargo has spent most of his career in construction defect law with Ball Janik and has been instrumental in growing Ball Janik's presence in Florida's west coast. "Becoming a partner at Ball Janik is both a privilege and a responsibility, and I look forward to continuing to advocate fiercely for our clients while holding accountable those who attempt to evade their obligations," said Vargo. About Ball Janik LLP Ball Janik LLP is a Florida-based law firm offering construction defect, construction law, insurance recovery, and commercial litigation counsel, to its local and national clients. The firm was founded in 1982 and has expanded its capabilities, professionals, and geographic footprint. What started as a small firm focused on real property, land use, and litigation (known then as Ball Janik & Novack) has grown to a team of 50-plus attorneys and paralegals in 5 offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, and Corporate International. Read more here: https://www.balljanik.com/.

Why and When Construction Robotics Makes Sense

February 10, 2026 — Aarni Heiskanen - AEC Business
In construction, robotics is often discussed in terms of technology: better AI, more capable machines, and robots on job sites. Recent research suggests that the question is less about whether robots can work and more about when and why they deliver real value. An Aalto University research paper on computer-vision-driven robotic waste sorting offers a valuable lens into this. The researchers use ZenRobotics’ computer-vision-enabled automated system as a case study. The Finnish startup was acquired by Terex, a U.S. company, in 2022. At first glance, waste sorting might seem like a niche application. But it illustrates a broader economic logic that aligns with findings across the broader body of research on construction robotics. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

ROSEMEAD CALIFORNIA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES