Anaheim California Expert Witness Engineer Directory

Top Developments 2025 - Issue 4

December 22, 2025 — John S. Anooshian, Paul A. Briganti, Elizabeth L. Ferguson, Alexandra M. George & Haley S. Newman - The Complex Insurance Coverage Reporter
“ARISING OUT OF” Rowe v. State Mut. Ins. Co., 2025 Me. LEXIS 89 (Me., Sept. 23, 2025) Maine Supreme Court, in the premises liability context, holds that an exclusion in a mobile homeowners policy for injury or damage "arising out of a premises . . . that is not an insured location'” precluded coverage for underlying negligent failure-to-warn claims. The court looked to authority from a workers compensation case, where it stated that “the term ‘arising out of' employment means that there must be some causal connection between the conditions under which the employee worked and the injury, or that the injury, in some proximate way, had its origin, its source, or its cause in the employment. . . . [T]he employment need not be the sole or predominant causal factor for the injury and . . . the causative circumstance need not have been foreseen or expected.” In this case, it found there to be “an immediate relationship between the injury and a condition of the uninsured premises” (specifically, a gap created by the owner-insured at the entrance to a mobile home), and rejected the claimant’s argument that the injury instead arose from the insureds’ negligent conduct in failing to warn. Separately, the court held that the property did not qualify as an “insured location,” reasoning it was not listed in the declarations and there was no evidence the insureds had resided there or acquired it for use as a residence. Reprinted courtesy of John S. Anooshian, White and Williams LLP, Paul A. Briganti, White and Williams LLP, Elizabeth L. Ferguson, White and Williams LLP, Alexandra M. George, White and Williams LLP and Haley S. Newman, White and Williams LLP Mr. Anooshian may be contacted at anooshianj@whiteandwilliams.com Mr. Briganti may be contacted at brigantip@whiteandwilliams.com Ms. Ferguson may be contacted at fergusone@whiteandwilliams.com Ms. Newman may be contacted at newmanh@whiteandwilliams.com Read the full story...

To Settle or Not Settle: Factors to Weigh and Practical Considerations

January 13, 2026 — Gerard J. Onorata - ConsensusDocs
Deciding to settle a construction dispute is often wrought with difficulty, requiring the decision maker to evaluate a number of factors. Nevertheless, there are no hard and fast rules that apply when advising a party whether or not they should settle a dispute. Yet the vast majority of construction disputes do settle before going to trial or arbitration. In fact, recent statistics show that approximately 95% of all civil cases, including construction disputes, settle before trial[1]. However, whether settlement is always the best choice depends on several factors to be discussed here. Merits of Your Case First and foremost are the merits of your claims and defenses against any claims that are asserted against you. Construction disputes are inherently fact sensitive, and the merits of a case are driven by the facts of the dispute. Simple breach of contract actions for balances of unpaid funds for the work and materials that have been provided and installed on a project make weighing the merits of the affirmative claim relatively simple. However, these types of “collection cases” stand in stark contrast to complex construction delay claims for equitable adjustment where there exist competing and numerous causes of the delays. In addition, there are complicated legal principles applicable to whether there is entitlement to compensation for the delay or simply an extension of time. Construction defect claims where technical engineering issues are involved also present a heightened level of complexity that may make such cases difficult to prove on the merits. Read the full story...
Reprinted courtesy of Gerard J. Onorata, Peckar & Abramson, P.C.
Mr. Onorata may be contacted at gonorata@pecklaw.com

Identifying Unfair Clauses in Construction Contracts

February 17, 2026 — Curtis W. Martin - Peckar & Abramson, P.C.
In 1979, virtually all projects were completed under form contracts. As I started practicing construction law, it seemed that most form contracts were generally fair. They were negotiated by industry groups and over the next 10-20 years they appeared to become fairer. We could and did compare provisions in the AIA documents, the Federal contract forms, and the EJCDC agreements. When we did, we found subtle differences, but broad similarities in their approach to contract risk allocation. Today many (most?) private projects are done with “manuscript” contracts – instruments tailored to the owner’s interests. And many public entities have developed their own contracts. And not all those clauses seem so fair. This month I focus on contract clauses that I consider unfair. And while unfairness, like beauty, may be in the eye of the beholder, I think that the clauses described below aptly fit that descriptor. Read the full story...
Reprinted courtesy of Curtis W. Martin, Peckar & Abramson, P.C.
Mr. Martin may be contacted at cmartin@pecklaw.com

Court Rules Cook County Misspent $243M in Transportation Funds

March 10, 2026 — Annemarie Mannion - Engineering News-Record
A Cook County Illinois Circuit Court judge has ruled that the county violated the state constitution by using $243 million in transportation tax revenue during fiscal 2023 for non-transportation purposes, handing a legal win to a statewide coalition of construction trade groups. Read the full story...
Reprinted courtesy of Annemarie Mannion, Engineering News-Record
Ms. Mannion may be contacted at manniona@enr.com

Florida’s Proposed HB 255: A Quiet Shift That Could Reshape Condo Defect Liability

January 21, 2026 — Matt Maranges - ConsensusDocs
In Florida, developers and contractors work under strict clocks. Section 95.11(3)(b), Florida Statutes, sets two firm deadlines for construction claims: a four-year statute of limitations and a seven-year statute of repose. Those timelines govern when an owner or condominium association may pursue claims for alleged defects. Once the repose period ends, the claim is barred regardless of when the problem surfaced. Condominium law complicates that scheme. Section 718.124 delays the start of the limitation and repose periods on association claims until control of the board shifts from the developer to the unit owners. The logic is simple: a developer-controlled board cannot be expected to sue the developer. The practical effect is more sweeping. If turnover occurs late in the life of a project, the repose period may remain tolled for years, extending exposure far beyond the seven years that apply everywhere else. Read the full story...
Reprinted courtesy of Matt Maranges, Jones Walker
Mr. Maranges may be contacted at mmaranges@joneswalker.com

Substantial Evidence of Flood Loss is Not a Substitute for Required Proof of Loss

April 20, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court found that the insurer properly denied the insured’s claim for loss due to flood because a proof of loss was never submitted. Bay Haven at Coco Bay Condominium Association, Inc. v. Hartford Ins. Co. of the Midwest, 2026 U.S. Dist. LEXIS 6847 (M.D. Fla. Jan. 14, 2026). Bay Haven managed several condo buildings. When Hurricane Ian hit, it caused significant flood damage to these properties. Bay Haven held federal flood insurance policies through Hartford under “Write-Your-Own” policies. This meant Hartford was essentially a fiscal agent that managed policies and handled claims but paid them using federal funds. Following the storm, FEMA extended the usual 60-day deadline for filing a proof of loss to one year, or until September 28, 2023. Bay Haven did not submit its proofs of loss until November 2023. FEMA granted an extension but only for the specific amounts in the November requests. Hartford did not waive the 60-day proof of loss requirement for any other proof of loss. Hartford paid the amounts reflected in the November submissions. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

AIA Waivers Under Fire: Why Post-Completion Losses May Still Be Actionable

January 26, 2026 — Lian Skaf - The Subrogation Strategist
On its face, the power of a waiver of subrogation clause in a construction contract is profound. It bars otherwise actionable – and sometimes egregious – losses resulting from contractor carelessness before they can ever get started. One question courts have long battled with is the limits to the lasting effects of such a waiver. Whether the waiver power can be transferred amongst parties, applied to third parties or used with policies taken out after construction completion are among the few grey areas that have kept subrogation practitioners and the courts busy. Recently, a federal court in Idaho clarified its position on the power to waive subrogation. In Seneca Ins. Co. v. McAlvain Constr., Inc., No. 1:24-cv-00340-BLW, 2025 U.S. Dist. LEXIS 251777 (D. Idaho), the United States District Court for the District of Idaho (District Court) addressed whether a subrogation waiver in an AIA construction contract, signed between an owner and the general contractor, applied to the subsequent owner of a building. In doing so, the court looked at the limiting language of the waiver as well as the contractual posture of the subsequent owner. Ultimately, the court found the waiver inapplicable, denying the motion for summary judgment of Defendant, Cross-Plaintiff McAlvain Construction, Inc. (McAlvain). Read the full story...
Reprinted courtesy of Lian Skaf, White and Williams
Mr. Skaf may be contacted at skafl@whiteandwilliams.com

Snell & Wilmer Recognized Among the Top 10 Largest Law Firms in Orange County by the Orange County Business Journal for the Ninth Consecutive Year

April 27, 2026 — Snell & Wilmer
ORANGE COUNTY – Snell & Wilmer is pleased to announce that its Orange County office has been named the eighth largest law firm in Orange County on the Orange County Business Journal’s 2026 List of Law Firms. The office has been ranked among the top 10 largest law firms in the region by the Orange County Business Journal for nine consecutive years. “We are proud to once again be recognized among the top law firms in Orange County,” said Jonathan E. Frank, managing partner of the firm’s Orange County office. “This recognition is a testament to the outstanding attorneys and professionals in our Orange County office and the clients who trust us with their most important matters. Being ranked among the top 10 largest firms in the region for nine consecutive years reflects both the strength of our team and our deep commitment to serving the Orange County business community.” Read the full story...
Reprinted courtesy of Snell & Wilmer

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