Anaheim California Construction Expert Witness Directory

To Ask or Not to Ask (Arbitrator Inquiries and the Obligation to Remain Neutral)

May 23, 2025 — Lisa D. Love - The Dispute Resolver
Questions will arise at various stages of arbitral proceedings that require answers for arbitrators to fully understand and consider the evidence presented by the parties and to issue an award. While many arbitrators are likely to issue formal arbitrator inquiries through procedural orders or oral questions during proceedings, others may refrain from issuing them for various reasons. Regardless of your arbitral perspective, the extent to which arbitrators participate in the arbitral process by asking questions and issuing arbitrator inquiries is not unlimited. Arbitrators must balance their need for information with their ethical duty to remain neutral. Thus, with every arbitrator inquiry, whether written or oral, arbitrators must initially answer the question: “to ask or not to ask”— that is the pivotal preliminary internal arbitrator inquiry. Some Applicable Ethical Standards Concerning Arbitral Inquiries Most arbitral institution rules, court rules and bar association canons contain provisions governing arbitrator impartiality. Under most arbitral institution rules, arbitrators must remain neutral and impartial throughout the course of the arbitration, absent an agreement by the parties to the contrary. Impartiality means freedom from favoritism either by word or action.[1] In New York state, an arbitrator must conduct the arbitration in an impartial manner and act at all times with the utmost impartiality and evenhandedness.[2] In addition, arbitrators in New York should refrain from providing professional advice to any party and should at all times strive to distinguish between the roles of arbitrator and that of adviser or party counsel.[3] Further, according to the American Bar Association Code of Ethics for Arbitrators, when the arbitrator determines that more information than has been presented by the parties is required to decide the case, it is not improper for the arbitrator to ask questions, call witnesses, and request documents or other evidence, including expert testimony.[4] However, the ABA Canons caution that arbitrators should avoid conduct and statements that give the appearance of partiality toward or against any party.[5] Read the full story...
Reprinted courtesy of Lisa D. Love, JAMS

Haight Brown & Bonesteel LLP Congratulates Krsto Mijanovic on ABOTA Induction

August 18, 2025 — Haight Brown & Bonesteel LLP
Haight Brown & Bonesteel LLP is proud to announce that Senior Partner and Trial Attorney Krsto Mijanovic has been selected as a member of the Los Angeles Chapter of the American Board of Trial Advocates (ABOTA), a prestigious, invitation-only national organization comprised of the nation’s most respected trial lawyers and judges. ABOTA membership is extended exclusively to those who exemplify exceptional trial skills, integrity, civility, and professionalism. The selection process is rigorous and includes an evaluation of trial experience, as well as recommendations from judicial officers and opposing counsel. Since its founding in 1958, ABOTA has promoted the constitutional right to civil jury trials and worked to elevate standards of trial practice across the profession. With more than 7,600 members in 95 chapters across all 50 states and the District of Columbia, ABOTA stands as a hallmark of legal excellence. Read the full story...
Reprinted courtesy of Haight Brown & Bonesteel LLP

Hazards Ahead: OSHA's Top 10 Citations of 2024

August 25, 2025 — Taylor Thorn - Construction Executive
The latest data from the Occupational Safety and Health Administration highlights systemic safety challenges that continue to put workers at risk and create business liabilities. But beyond those citations lie opportunities: to prevent injuries, reinforce a culture of safety and protect the bottom line. Several of OSHA’s top 10 violations in 2024 apply directly to construction professionals. Fall protection in particular has held the number one spot for 14 consecutive years, with more than 7,000 citations issued in 2024. More than 6,500 of those citations came from the construction industry. In a field where falls are the leading cause of fatalities, this trend is deeply concerning. Other top citations are similarly rooted in routine jobsite activities, such as incorrect ladder usage, incomplete or outdated hazard communication programs, and missing eye protection. These issues reflect a broader challenge: Safety protocols might be written down, but they aren’t always enforced, understood or adapted to the realities of fast-paced construction work. Reprinted courtesy of Taylor Thorn, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

Thirteen Payne & Fears Attorneys Honored by Best Lawyers

August 25, 2025 — Payne & Fears LLP
Congratulations to the 13 Payne & Fears attorneys included in the 2026 Edition of The Best Lawyers In America® and Best Lawyers: Ones to Watch®. Attorneys have been recognized in the following practice areas: The Best Lawyers in America® (2026 Edition) Irvine, CA

Jeffrey K. Brown

Employment Law – Management
Labor Law – Management
Litigation – Labor and Employment

Daniel F. Fears

Employment Law – Management
Labor Law – Management
Litigation – Labor and Employment

Daniel M. Livingston

Commercial Litigation
Litigation – Real Estate

Read the full story...
Reprinted courtesy of Payne & Fears LLP

Housing Isn’t Expensive for Everyone

June 23, 2025 — Joe Weisenthal & Tracy Alloway - Bloomberg
What Joe is thinking about today You hear a lot about how expensive and unaffordable housing is these days. And by some metrics, that’s clearly true. And yet for some people, shelter is very affordable. This was basically the theme of today’s episode with Morgan Stanley housing strategist Jim Egan. Yes, if you’re in the market right now, looking for a place to buy or rent, then it costs a lot of money. But if you locked in your monthly housing payment a few years ago (by getting a 30-year fixed rate mortgage during the ZIRP era) then you’re doing fine. Back in April, Egan published this chart (which Tracy posted here) showing the huge difference between the housing payments burden incurred by people who got a mortgage prior to 2021 and those who got a mortgage post-2021. Reprinted courtesy of Joe Weisenthal, Bloomberg and Tracy Alloway, Bloomberg Read the full story...

Quick Note: Choice of Law Provisions

September 15, 2025 — David Adelstein - Florida Construction Legal Updates
It is common for construction contracts to include a choice-of-law provision or language. This is language that says the contract is to governed under the laws of the state of Florida (by way of example). Pick any jurisdiction. There may be other language in the provision, but the gist is that if there is a dispute arising under the agreement, the laws of the state designated in the choice-of-law provision will apply. For example, you can have an agreement in Florida with a vendor but that agreement includes a choice-of-law provision that says the state of Virginia applies. This is because the vendor may be based in Virginia and the agreement was based on Virginia law. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Not Everything Flows Downhill (At Least Not In New York): The Importance of Understanding How New York Courts Interpret Subcontract Incorporation by Reference and Flow-Down Provisions

August 25, 2025 — Mark A. Snyder & Kara M. Smiley - Peckar & Abramson, P.C.
Mark Snyder, a partner in P&A’s New York office, and associate Kara Smiley, have written “Not Everything Flows Downhill (At Least Not In New York): The Importance of Understanding How New York Courts Interpret Subcontract Incorporation by Reference and Flow-Down Provisions,” an article for Associated General Contractors of America (AGC) NYS. The article, published in the Summer 2025 issue of Cornerstone Magazine, is the first of a series examining the contractual dynamics important to prime contractor risk management. Prime contractors need to carefully align their contracts with both the owner and subcontractors to avoid legal and financial risks in a construction project. Flow-down provisions and specific incorporation by-reference provisions – and how the courts of New York interpret and enforce them, is critical to effective contractual risk management. The full article can be read here starting on page 39. Reprinted courtesy of Mark A. Snyder, Peckar & Abramson, P.C. and Kara M. Smiley, Peckar & Abramson, P.C. Mr. Snyder may be contacted at msnyder@pecklaw.com Ms. Smiley may be contacted at krivas@pecklaw.com Read the full story...

No Alerts Heard in Deadly Texas Flash Flood as 161 Still Missing

July 08, 2025 — Brian K Sullivan, Kara Carlson & Joe Lovinger - Bloomberg
In the early hours of July 4, the only sound many of the vacationers along the banks of the Guadalupe River would have heard was pounding rain and thunder. They didn’t get any official warning of the rapidly rising waters that ultimately proved deadly to dozens of people swept away in central Texas flash floods. Investigators sorting through the aftermath of a natural disaster that killed more than 100 people and left more than 160 others missing are now trying to put together what happened. They’re seeking to identify when weather forecasters first advised local officials about the potential for catastrophic flooding and what those officials did to spread the message to the thousands of revelers in the area for the Fourth of July holiday weekend. Information has come out in trickles and from anecdotes, with state, county and city authorities so far insisting that their focus must be on rescue and recovery, not an analysis of what went wrong. Reprinted courtesy of Brian K Sullivan, Bloomberg, Kara Carlson, Bloomberg and Joe Lovinger, Bloomberg Read the full story...

ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES