Anaheim California Construction Expert Witness Directory

Don’t Breach Your Contract, but If You Do, Don’t Breach First

December 22, 2025 — Christopher G. Hill - Construction Law Musings
Well, it’s been a while since my last post here at Musings due to travel, work, Thanksgiving, etc. so I thought I’d let a recent case remind us all that while breaching a construction contract is bad, doing it first is even worse. This is the so called “doctrine of first breach” that basically states that if both parties are in breach (or even just one), then the first to breach is the one that will bear the costs of breach. The doctrine also states that the one first to breach first can’t enforce any of its rights going forward. The plaintiff in SEG Props. LLC v. NTC Mazzuca Constr.,Inc., the Virginia Court of Appeals considered a first breach scenario that was pretty extreme. The basic facts are as follows: SEG hired Mazzuca to build a private shooting range and hired a property manager (Jones, Lang, LaSalle, Inc. (“JLL”)) as its project representative. Per the contract, if Mazzuca provided a payment application on or before the 25th of the month, payment was due by the 25th of the following month. In no event was payment to be made more than 30 days from receipt of the payment application by the owner’s representative. Even where there was a dispute, the undisputed amounts were to be paid. Mazzuca and JLL used a so called “pencil” method for payment applications that involved JLL reviewing the payment applications for errors and then a final payment application with the corrections being sent to the Architect. Needless to say there were change orders and disputes, but after the smoke cleared, it was obvious that from the first payment application, SEG had failed to make timely payment (for the whole saga, please read the case as it is too long for this post). Later, SEG terminated Mazzuca for cause upon one day’s notice that SEG would be supplementing Mazzuca’s workforce. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Court Resolves Disagreement on the Amount of the Deductible

December 02, 2025 — Tred R. Eyerly - Insurance Law Hawaii
After a windstorm caused damage to the insured’s building and repair materials, the court sided with the insured in determining the amount of the deductible. Semaho, Inc. v. AMCO Ins. Co., 2025 U.S. Dist. LEXIS 193521 (D. Colo. Sept. 30, 2025). Semaho owned two commercial buildings insured under a policy issued by AMCO. The buildings were damaged in a windstorm and Semaho’s contractor stored the building materials for the repairs on one building’s roof. A second windstorm then seriously damaged the building materials stored on the roof. Semaho submitted a claim for the lost building materials. Coverage was undisputed but the parties disagreed over which deductible should apply to Semaho’s claim. The key policy provision stated that the deductible should be calculated separately for the “building” and for certain categories of “personal property,” based on “the value(s) of the property that has sustained loss or damage.” Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

WSHB Managing Partner Chad Dunigan Named Finalist for Jerrold S. Oliver "Ollie" Award of Excellence

May 12, 2026 — Wood Smith Henning Berman
Chad Dunigan, Managing Partner of Wood Smith Henning & Berman's Orlando, Florida, office, has been selected as one of just four finalists for the prestigious Jerrold S. Oliver Award of Excellence, affectionately known in the construction defect community as the "Ollie" Award. This distinguished honor recognizes individuals who have made exceptional contributions and demonstrated unwavering dedication to advancing the field of construction defect law. Named in honor of the late Judge Jerrold S. Oliver, a revered founder of alternative dispute resolution in construction defect claims and litigation, the Ollie award symbolizes loyalty, commitment, and trust within the industry. Judge Oliver's legacy as a staunch believer in the resolution process continues to inspire professionals who strive for excellence in the construction defect community. Read the full story...
Reprinted courtesy of Wood Smith Henning Berman

Meet BWB&O’s Super Lawyers Rising Stars in Colorado!

April 08, 2026 — Dolores Montoya - Bremer Whyte Brown & O’Meara, LLP
Bremer Whyte Brown & O’Meara, LLP is thrilled to share that Partner Devin Brunson and Associate Melissa Youngpeter have been named to the Super Lawyers 2026 Colorado Rising Stars list. This recognition reflects their exceptional work in Personal Injury and Civil Litigation.

SUPER LAWYERS RISING STARS

Devin Brunson: 2024-2026

Melissa Youngpeter: 2026

Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O’Meara, LLP

Traub Lieberman Partner and Firm Co-Chair Lisa L. Shrewsberry Named Top 25: 2025 Westchester County Super Lawyers®

January 13, 2026 — Traub Lieberman
Traub Lieberman is pleased to announce that Partner and Firm Co-Chair Lisa L. Shrewsberry has been named to the Top 25: 2025 Westchester County Super Lawyers Top List. This is the eighth year that Lisa has been on the Top 25 list for Westchester County Super Lawyers. Lisa has also been selected to the New York – Metro Super Lawyers list since 2008. Read the full story...
Reprinted courtesy of Traub Lieberman

Colorado Court of Appeals Confirms: Prevailing Parties Can Recover “Fees on Fees” — Reinforcing Why Builders Should Strike Attorneys’ Fee Clauses From Their Contracts

December 30, 2025 — David McLain - Colorado Construction Litigation Blog
Colorado developers, builders, and contractors should take notice of a recently published Colorado Court of Appeals decision that increases the financial exposure created by prevailing party attorneys’ fee clauses. In 1046 Munras Properties, L.P. v. Kabod Coffee, 2025 COA 71, the Court held, for the first time in a published Colorado case, that a prevailing party may recover not only contractual attorneys’ fees, but also the attorney fees incurred to obtain those fees. In short: “fees on fees” are now recoverable when a contract contains a broad fee shifting clause. This development underscores the same warning sounded years ago in a prior HHMR blog post titled, Attorney Fee Clauses Are Engraved Invitations to Sue. If prevailing party fee provisions already encouraged litigation, the Munras decision supercharges that incentive. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

Traub Lieberman Attorneys Recognized in Hudson Valley Magazine’s 2026 Top Lawyers List

March 24, 2026 — Copernicus T. Gaza, Jonathan R. Harwood, Lisa M. Rolle, Lisa L. Shrewsberry, Christopher Russo & Hillary J. Raimondi - Traub Lieberman
Traub Lieberman is pleased to announce that six Partners from the White Plains, NY office have been included in the 2026 edition of the Hudson Valley Magazine’s Top Lawyers in the Hudson Valley list. This annual guide recognizes more than 270 of the region's leading attorneys. Insurance:

Copernicus Gaza
Jonathan Harwood
Lisa Rolle
Lisa Shrewsberry

Reprinted courtesy of Copernicus T. Gaza, Traub Lieberman, Jonathan R. Harwood, Traub Lieberman, Lisa M. Rolle, Traub Lieberman, Lisa L. Shrewsberry, Traub Lieberman, Christopher Russo, Traub Lieberman and Hillary J. Raimondi, Traub Lieberman Mr. Gaza may be contacted at cgaza@tlsslaw.com Mr. Harwood may be contacted at jharwood@tlsslaw.com Ms. Rolle may be contacted at lrolle@tlsslaw.com Ms. Shrewsberry may be contacted at lshrewsberry@tlsslaw.com Mr. Russo may be contacted at crusso@tlsslaw.com Ms. Raimondi may be contacted at hraimondi@tlsslaw.com Read the full story...

Traub Lieberman Attorneys Recognized as 2025 New York – Metro Super Lawyers® and Rising Stars

January 06, 2026 — Traub Lieberman
Traub Lieberman is pleased to announce that seven Partners from the New York office have been selected to the 2025 New York - Metro Super Lawyers list and one associate has been listed in the 2025 New York – Metro Rising Stars. 2025 New York – Metro Super Lawyers

Copernicus Gaza – Insurance Coverage
Jonathan Harwood – Professional Liability
Lisa Rolle – Construction Litigation
Hillary Raimondi – Employment Litigation
Christopher Russo – Professional Liability
Lisa Shrewsberry – Professional Liability
Stephen Straus – Insurance Coverage

2025 New York – Metro Rising Stars

James Wise – Insurance Coverage

Lisa Shrewsberry was also selected to the Top 25: 2025 Westchester County Super Lawyers® list. Read the full story...
Reprinted courtesy of Traub Lieberman

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