ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Construction of $3B Data Center in North Dakota Spurs Annexation Battle

January 13, 2026 — Annemarie Mannion - Engineering News-Record
Construction of a $3-billion data center on a 320-acre site in southeastern North Dakota has sparked an annexation dispute between the small city where it is being built and its much larger neighbor, Fargo. Read the full story...
Reprinted courtesy of Annemarie Mannion, Engineering News-Record
Ms. Mannion may be contacted at manniona@enr.com

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How to Properly Fill Out and Use the Conditional Waiver and Release on Progress Payment Form Used in California Construction

December 15, 2025 — William L. Porter - Porter Law Group
This is the first article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138. Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys who revised those sections of the California Civil Code dealing with this release form and many other construction forms as part of Senate Bill 189 in 2010. I also wrote the first version of this release form and made it free to the public well before the new law took effect in 2012. With this background, let me note a few things about the Conditional Waiver and Release on Progress Payment form to help you avoid mistakes that might prevent you from achieving the intended effect or the form or releasing claim rights to a greater extent than you intend. At the end of this article is a copy of the form itself which includes numbers coinciding with the instructions I will give below. A live electronically fillable version of the form is available on our firm’s website (www.porterlaw.com) under the “Forms” section. It is free and you can fill it out on your screen before printing it out and signing it. Read the full story...
Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

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Fire Protection You Can Trust Starts With the Right Testing

December 22, 2025 — Fernanda Gregati - Construction Executive
Steel’s strength and flexibility enable bold architectural design, fast project delivery and enduring structures. Despite its many advantages, steel has one critical vulnerability: It fails in fire of certain temperatures. According to the American Institute of Steel Construction, steel can lose roughly half its load-bearing strength at 1,100°F (593°C). The organization also reports that in real-world building fires, fueled by everyday office contents such as wood, paper and furniture, temperatures can exceed this threshold in minutes. That’s why many building codes mandate passive fire protection systems on exposed structural steel. Among the most effective prove thin-film intumescent coatings that expand under heat to form a charred insulating layer. These coatings delay heat transfer, allowing steel to maintain its integrity long enough to allow more time for evacuation and emergency response. Reprinted courtesy of Fernanda Gregati, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Construction and Design Contracts—They Are More Important Than You Might Think! (Law Note)

January 26, 2026 — Melissa Dewey Brumback - Construction Law in North Carolina
As regular readers of this Blog know, contracts are extremely important for all parties involved in a construction project. While verbal contracts can be enforced, a written contract, which is finely-tuned to your specific project, can save you a lot of time and money later on if the proverbial poo hits the fan. I recently read AIA’s take on contracts, in their Construction Risk Brief (which you should subscribe to [free] if you have not already). Their featured article is on “Best Practices for Construction Contracts”. In the piece, they discuss 7 key points to address in each contract. I concur for the most part, although want to point out that some of them (such as the regular monitoring and documentation bullet point) are deserving of their own post, as there is a *lot* that can and does go wrong during the construction administration phase. Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

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Circuit Court Supports Attorney-Client Privilege and Work Product Protections in Connection with Internal Investigations

November 21, 2025 — Jason Spitalnick, Taryn J. Gallup & Kourtney George - Snell & Wilmer
On October 3, 2025, the U.S. Court of Appeals for the Sixth Circuit reaffirmed that the attorney-client privilege and work-product protections cover documents and communications concerning corporate internal investigations - even when companies later use those documents or related findings to make business decisions.1 In doing so, the court vacated a district court order that would have required FirstEnergy Corporation to produce, in civil litigation, privileged and work-product-protected documents related to two internal investigations. FirstEnergy, a public utility company headquartered in Ohio, became embroiled in a high-profile public-corruption scheme involving substantial alleged payments to state officials in exchange for favorable legislative efforts. In response, FirstEnergy and an independent committee of its board retained separate outside counsel to conduct internal investigations. FirstEnergy then faced civil litigation related to the same underlying facts. Reprinted courtesy of Jason Spitalnick, Snell & Wilmer, Taryn J. Gallup, Snell & Wilmer and Kourtney George, Snell & Wilmer Mr. Spitalnick may be contacted at jspitalnick@swlaw.com Ms. Gallup may be contacted at tgallup@swlaw.com Ms. George may be contacted at kegeorge@swlaw.com Read the full story...

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New LA Home Designs, Reimagined By Fire

January 13, 2026 — Patrick Sisson - Bloomberg
One year after wildfires tore through neighborhoods in Los Angeles County, killing at least 31 people and destroying more than 10,000 buildings, architects and developers are rethinking what home looks like in LA, and how resilient residential architecture evolves. Recovery from the costly disaster is a long way away. So far, hundreds of new homes have been submitted for permitting, but it’s a process shaping out to be an uneven one, based on damage, insurance and wealth. Affected homeowners are grappling with the details of fire-resilient construction and landscaping techniques, along with some more fundamental questions about what their communities should look like. Read the full story...
Reprinted courtesy of Patrick Sisson, Bloomberg

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Don’t Ignore Prejudgment Interest

February 02, 2026 — David Adelstein - Florida Construction Legal Updates
When it comes to contracts, there may be a clause that provides that untimely payments shall bear interest at a particular rate. Or it may be the statutory rate. That clause will come into play when determining prejudgment interest. In ANY dispute, prejudgment interest can be an important damages component that accrues from the date of the loss. Don’t ignore prejudgment interest. The Fourth District of Florida, in a construction dispute, maintained:

“[I]f a plaintiff establishes that he sustained out-of-pocket loss, prejudgment interest must be awarded from the date of the loss. The trial court has no discretion regarding awarding prejudgment interest and must do so applying the statutory rate of interest in effect at the time the interest accrues.”

Bensusan v. Design Engineering Group, LLC, 2025 WL 3466367 (Fla. 4th DCA 2025) (citation omitted).

Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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General Commercial Liability Coverage Depends on Facts - Not Labels

October 27, 2025 — Michael Yelle - Ahlers Cressman & Sleight PLLC
The Twiggs hired Rainier Pacific Development, LLC to build a home. But, after the home was complete, the Twiggs complained the concrete garage slab was sloped toward the house and cracked.[1] The Twiggs and Rainier agreed to a “Repair Agreement” (in other words, a contract) that obligated Rainier to repair the slab by applying a thin concrete overlay.[2] The Twiggs alleged the repairs were defective and proceeded to arbitration. In arbitration, the Twiggs made a claim for breach of contract by alleging Rainier had breached the Repair Agreement.[3] The arbitrator ruled in favor of the Twiggs, and a trial court entered judgment against Rainier. When the Twiggs’ efforts to collect on the judgment were unsuccessful, the Twiggs sued Rainier’s commercial general liability insurer, Admiral Insurance Group.[4] Read the full story...
Reprinted courtesy of Michael Yelle, Ahlers Cressman & Sleight PLLC
Mr. Yelle may be contacted at michael.yelle@acslawyers.com

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