ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Real Estate & Construction News Roundup (8/20/25) – Hotel Growth Forecast, Data Center Availability and an AI Rental Revolution

September 23, 2025 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, AI cuts disaster infrastructure losses, multifamily drives increase in CRE delinquency rates, commercial services firms lead in office and industrial leasing activity, and more!

• AI applications such as predictive maintenance and digital twins could prevent 15% of projected natural disaster losses to power grids, water systems and transportation infrastructure. (Robyn Griggs Lawrence, Construction Dive)
• U.S. hotel growth forecast has been downgraded amid continued underperformance and elevated macroeconomic concerns. (Noelle Mateer, Hotel Dive)
• Multifamily was the only major commercial real estate sector to post increases in delinquency and servicing rates in July. (Leslie Shaver, Multifamily Dive)

Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

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Court or Arbitration? Why Contractors Can’t Afford to Get this Wrong

October 13, 2025 — Matthew DeVries - Best Practices Construction Law
As a construction litigation lawyer, dispute resolution is a recurring issue. It starts before the project begins at the time of contract negotiation, where the parties decide whether to require litigation or arbitration of their disputes. During project performance, disputes can often be addressed formally or informally. And after the project is completed, the real process begins: discussions, mediation, arbitration or litigation? The Tennessee Court of Appeals recently decided a case that shows how arbitration and litigation can overlap. In Carbon Fiber Recycling, LLC v. Spahn (Oct. 2, 2025), a Tennessee company sued one of its members for misusing confidential information. The company asked the court for damages, an injunction, and to expel the member from the business. The trial court dismissed the case, reasoning that the operating agreement required arbitration in Delaware. On appeal, the court agreed in part and disagreed in part. It held that the claims for damages and expulsion had to go to arbitration because of the contract language. But it also held that the trial court was wrong to dissolve the temporary restraining order. Even though arbitration was required, the company could still go to court for injunctive relief to stop ongoing harm while the arbitration process moved forward. Read the full story...
Reprinted courtesy of Matthew DeVries, Buchalter
Mr. DeVries may be contacted at mdevries@buchalter.com

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GRSM New York Founding Partner Mercedes Colwin Honored with 2025 Excellence in Diversity Award by PLUS Foundation

November 09, 2025 — Gordon Rees Scully Mansukhani
The Excellence in Diversity Award is presented annually to a member of the insurance industry who has demonstrated exceptional leadership and commitment to advancing diversity, equity, and inclusion within the profession. Honorees are recognized for creating meaningful change through mentoring, advocacy, thought leadership, and the development of inclusive policies and initiatives that broaden opportunities for underrepresented groups. Colwin was selected for her longstanding dedication to fostering inclusive workplace cultures, her active mentorship of diverse attorneys and professionals, and her visible role as a thought leader on the national stage. In addition to her leadership within GRSM, she has made a significant impact on the broader insurance and professional liability industries by raising awareness of equity issues, supporting educational initiatives, and championing the next generation of diverse talent. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani, LLP

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New Tools, Streamlined Access: AAA’s Website Gets a Major Redesign

August 04, 2025 — Matthew DeVries - Best Practices Construction Law
If you’ve handled construction disputes, chances are you’ve interacted with the American Arbitration Association (AAA). As one of the leading forums for alternative dispute resolution in the industry, the AAA is central to how many construction contracts manage conflict. According to a recently AAA announcement, it just got a lot easier to use. Earlier this week, the AAA officially launched its redesigned website at www.adr.org, and the updates are worth noting, particularly for parties who customarily deal with arbitration or mediation. What’s New on the AAA Website? The new site is faster, more intuitive, and designed to give users quick access to rules, forms, case data, and educational resources. Here are a few key improvements that stand out: 1. AI Tools and Technology Hub AAA has consolidated its artificial intelligence offerings into a centralized hub. While this will continue to evolve, the emphasis on AI shows the organization’s commitment to streamlining arbitration and making dispute resolution more efficient-something construction pros will appreciate when timelines (and budgets) are tight. Read the full story...
Reprinted courtesy of Matthew DeVries, Buchalter
Mr. DeVries may be contacted at mdevries@buchalter.com

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Understanding Common Risk-Shifting Provisions in Construction Contracts

November 04, 2025 — Troy Mainzer - The Dispute Resolver
Whether you are an owner, general contractor, subcontractor, or supplier, your relationship to the project will almost certainly be governed by a contract. While provisions governing payment and scope of work are essential, risk-shifting provisions that allocate certain risks and liabilities among parties play a critical role in protecting you in the event of disputes that, with enough projects, are inevitable. This article outlines some of the most common risk shifting provisions and why you should consider including them in your construction contracts. 1. Indemnity An indemnification provision is a contractual provision under which one party (the indemnitor) agrees to assume liability for the losses incurred by another party (the indemnitee). Most commonly, the indemnitor agrees to defend, reimburse, and hold the indemnitee harmless from certain specified liabilities, often those arising from the indemnitor's work or negligence. For example, a general contractor might require that its subcontractors indemnify the general contractor for any claim made against the general contractor that arises from wrongdoing relating to that subcontractor’s scope of work. However, parties should consult with an attorney to make sure that their indemnity language complies with applicable state laws. Most state statutes have provisions that set forth certain requirements for an indemnification provision to be enforceable and upheld in court. Read the full story...
Reprinted courtesy of Troy Mainzer, Carlton Fields, P.A.
Mr. Mainzer may be contacted at tmainzer@carltonfields.com

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Preparation Is Key: How Condo and Homeowner Associations Can Protect Their Communities Amid Hurricane Season

September 23, 2025 — Franchesco Soto & Amanda L. Gonzalez - Daily Business Review
As the hurricane season ramps up in Florida and forecasters predict an above-average number of storms as late summer and fall approaches, condominium and homeowner associations must be strategic and prepared to protect their communities and mitigate risk. In the last 20 years, Florida has been hit by devastating hurricanes, including Hurricane Katrina (2005), Hurricane Wilma (2005), and Hurricane Irma (2017), which have caused significant damage and disruption to condominium associations and homeowners associations in the Miami area. On its own, Hurricane Irma is estimated to have caused $50 billion in damage. Due to their strong winds, heavy rainfall, and even storm surges, these hurricanes caused widespread flooding, power outages, and property damage for owners and tenants who own or reside within a condominium association or homeowner association. Handling the aftermath of a hurricane can be chaotic and can cost associations more than they expected to repair. Although preparing for hurricane season in South Florida is second nature for most, here are some key steps associations should consider when conducting their storm preparation reviews. Reprinted courtesy of Franchesco Soto, Ball Janik LLP and Amanda L. Gonzalez, Ball Janik LLP Mr. Soto may be contacted at fsoto@balljanik.com Ms. Gonzalez may be contacted at agonzalez@balljanik.com Read the full story...

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Environmental Due Diligence - What's The Hold Up?

November 18, 2025 — W. Tyler Lloyd - The Dispute Resolver
Construction projects do not occur overnight. Regardless of project size, projects take anywhere from months to years to design, build, and complete. Perhaps one portion of the construction project that is always subject to criticism, particularly on large infrastructure projects, is environmental review and the applicability of environmental laws, requiring specific environmental thresholds, and the National Environmental Policy Act (“NEPA”). Contractors are well aware of the timeline and potential impacts that NEPA review might have on a project, and many contractors and national groups have expressed a desire to ensure that NEPA does not interfere with or altogether block the deployment of large infrastructure projects. On federal funded or assisted projects, contractors must comply with strict environmental oversight because the project is tied to federal funding or federal agency accountability. Contractors must also comply with environmental and sustainability mandates under the Federal Acquisition Regulation (“FAR”). The FAR requires federal construction project contracts to include clauses concerning hazardous materials, emergency planning, waste reduction, environmental management systems, and greenhouse gas disclosures. Read the full story...
Reprinted courtesy of W. Tyler Lloyd, Stites and Harbison, PLLC
Mr. Lloyd may be contacted at tlloyd@stites.com

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The Economic Loss Rule and Tort Claims by Owners against Design Professionals

November 09, 2025 — Stu Richeson - The Dispute Resolver
This blog post looks at the question of when a project owner, who has a contract with the design professional, may assert an action against a design professional in negligence for purely economic losses. Actions against design professional can arise under a number of legal theories, but the two most common are contract and tort. Tort claims focus on duties imposed by law, while contract claims center on obligations agreed upon by the parties. The distinction often determines whether a plaintiff can recover purely economic losses and whether privity of contract is required. The distinction between contract and tort is significant due to the availability of different remedies, limitations periods, and burdens of proof. It is normally to a plaintiff's advantage to get both tort and contract claims before the trier of fact when the same facts will sustain either cause of action, because access to multiple theories of recovery may permit a plaintiff to avoid legal or remedial pitfalls which may apply to one cause of action but not another. Niagara Mohawk Power Corp. v. Stone & Webster Eng'g Corp., 725 F. Supp. 656 (N.D.N.Y. 1989). Read the full story...
Reprinted courtesy of Stu Richeson, Riess LeMieux
Mr. Richeson may be contacted at sricheson@rllaw.com

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