Anaheim California Construction Expert Witness Directory

Ahlers Cressman & Sleight PLLC recognized by Construction Executive in The Top 50 Construction Law Firms™ of 2025

June 16, 2025 — Travis Colburn - Ahlers Cressman & Sleight
Ahlers Cressman & Sleight PLLC is pleased to announce that it has been recognized again by Construction Executive as one of The Top 50 Construction Law Firms in its 2025 rankings. Since its first publication in 2003, Construction Executive magazine has served as the leading source for news, market developments, and business issues impacting the construction industry, and its articles are designed to help owners and top managers run more profitable and productive construction businesses. Construction Executive established the rankings by asking over 600 hundred U.S. construction law firms to complete a survey. Constructive Executive’s data collection includes: 2024 revenues from the firm’s construction practice, the number of attorneys in the firm’s construction practice, the percentage of the firm’s total revenues derived from its construction practice, the number of states in which the firm is licensed to practice, the year in which the construction practice was established, and the number of construction industry clients served during the fiscal year 2024. Read the full story...
Reprinted courtesy of Travis Colburn, Ahlers Cressman & Sleight
Mr. Colburn may be contacted at travis.colburn@acslawyers.com

Are You Overpromising on Your Construction Contracts? Here's How to Build With Transparency

July 28, 2025 — Michael Pink - Construction Executive
We’ve all done it at one time or another--overpromising on the completion date of finishing a project, a report, a chore, virtually any type of commitment you can name. The reasons are almost limitless: starting too late, wanting to impress someone or appease their anger, or simply not caring. Overpromising is a pervasive challenge in the construction industry, leading to project delays, cost overruns and strained relationships between contractors and clients. Further, it can lead to quality issues as contractors look for ways to make up time in an effort to get the schedule back on track. Reprinted courtesy of Michael Pink, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

How To Deal With Contractors Overcharging You – Bad Contractor Series Part 4

July 15, 2025 — Jon Grishpul - GreatBuildz
If you haven’t already, start with part 1 of our Bad Contractors series: How To Spot a Bad Contractor. Most people will end up renovating a home at least a few times in their lives and sometimes that experience can turn into a renovation nightmare. If you are unfortunate enough to find yourself working with a bad contractor, you could easily end up in a stressful contractor dispute. Sadly, this is not an uncommon occurrence. Over 50% of homeowners report having a negative experience with their remodel or complaining of a bad contractor. Many homeowners say that the main reason for their dissatisfaction is that the contractor was overcharging them and asking for more money above the budget. How To Avoid Being Ripped Off By a Contractor If you haven’t hired a contractor yet, there are several things you should do in order to prevent contractors from overcharging you. The most important thing you should do is find a quality, reputable, and trustworthy contractor. Generally, good contractors bid on the job fairly at the outset and make an effort to have as few extra charges as possible because they want to keep their clients happy. They put too much value on their reputation and make it a priority to make sure the client is happy. They want you to be satisfied so that you will recommend them to their friends in the future. Read the full story...
Reprinted courtesy of Jon Grishpul, GreatBuildz

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

Navigating Tariffs in Construction Contracts: Creative Strategies for Owners and Contractors

July 01, 2025 — Bill Shaughnessy - ConsensusDocs
Introduction Steering Through the Storm of Tariff Uncertainty Tariffs on critical construction materials—steel, aluminum, lumber, and more—are roiling project budgets and schedules, leaving owners and contractors adrift in a sea of cost uncertainty. As tariff negotiations remain murky and unresolved, these financial headwinds are likely to persist, threatening the stability of ongoing and future projects. Yet, within this storm lies a chance to chart a steadier course. By embedding strategic, tariff-savvy provisions in construction contracts, owners and contractors can shield their projects from volatility and seize control of their financial destiny. This article explores creative strategies to address tariff challenges, empowering stakeholders to navigate uncertainty with confidence. Strategic Contract Provisions to Mitigate Tariff Risks Carefully crafted contract language is the cornerstone of managing tariff-related uncertainties. Below are innovative strategies to consider when negotiating and drafting construction agreements, designed to balance risk allocation and maintain project viability: Incorporate Material Cost Escalation Provisions Tailored material escalation clauses allow for adjustments to the contract sum when tariffs significantly increase material costs post-contract execution. Such a clause limits relief to tariffs enacted after the contract is signed, ensuring that only unforeseen regulatory changes trigger adjustments. This incentivizes contractors to lock in pricing early while protecting owners from absorbing pre-existing tariff burdens. Read the full story...
Reprinted courtesy of Bill Shaughnessy, Jones Walker
Mr. Shaughnessy may be contacted at bshaughnessy@joneswalker.com

California’s Fair Payment Act: What Every Owner, Developer, and Contractor Should Know About SB 440

November 18, 2025 — Matthew DeVries - Best Practices Construction Law
While most states have enacted various forms of prompt payment laws for construction projects, California Senate Bill 440, known as the Private Works Change Order Fair Payment Act, marks a pivotal change in how payment obligations related to change orders are handled on private construction projects. Signed into law on October 10, 2025 by Governor Newsom, its implementation will affect owners, developers, contractors, and subcontractors alike. Importantly, it sets clear standards for processing change-order claims, imposing decisive deadlines and remedies. The Big Picture SB 440, effective for private contracts beginning on January 1, 2026, establishes a formal claim resolution process for work stemming from change orders on private projects. Key provisions include:

A contractor or subcontractor may submit a claim (for a time extension or additional compensation) and the owner must provide a written statement within 30 days identifying disputed and undisputed portions.

Read the full story...
Reprinted courtesy of Matthew DeVries, Buchalter
Mr. DeVries may be contacted at mdevries@buchalter.com

How Slow and Steady Can Lose the Race - Pacing and Delay Claims

September 23, 2025 — Curt Martin & Lee Banta - ConsensusDocs
In the well-known fable, the tortoise’s slow and steady pace prevailed. But how often do your construction projects resemble a fairy tale? The practice of “pacing” makes common sense in construction just as it does in racing. But pacing can be misunderstood in the context of a delay claim and can even cause the contractor to lose its claim for delay damages. Here’s a cautionary look at pacing and delay claims. The concept of liability for delay is familiar, but important to restate as a foundation of this discussion. Delays fall into one of four categories, with differing outcomes.

Owner-caused delays are often called “compensable delays.” The contract and/or common law typically allows the contractor relief for added time and cost for these delays. (This is contemplated in Section 6.3.2 of ConsensusDocs 200.)

Reprinted courtesy of Curt Martin, Peckar & Abramson, PC and Lee Banta, Peckar & Abramson, PC Mr. Martin may be contacted at cmartin@pecklaw.com Mr. Banta may be contacted at lbanta@pecklaw.com Read the full story...

Learning a Lesson by Sweating the Small Stuff

July 01, 2025 — Corey S. Lloyd - The Dispute Resolver
When negotiating contracts, it is sometimes difficult to properly assess the risks and rewards of certain terms. The idiom “that one can’t see the forest through the trees” comes to mind. At times, though, even determining which forest needs to be seen can be the bigger challenge. We are all informed by our experiences and “battle wounds” – sometimes to our own detriment. Recently, my client and I considered a contract provision which many of our clients likely believe is an elementary exercise: the number of adverse weather days that should be included in a prime contract. This exercise led us to some surprising conclusions and forced us to consider whether we were overlooking other seemingly routine contractual provisions. Let’s assume that an owner and general contractor are negotiating a prime contract on a private project. Consider the following two options from the perspectives of each of these two stakeholders. The first perspective will be that of an owner who has experience writing “too many change orders” for weather days. The second perspective will be from a contractor who “never gets enough time for weather.” Read the full story...
Reprinted courtesy of Corey S. Lloyd, Riess LeMieux
Mr. Lloyd may be contacted at clloyd@rllaw.com

ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES