ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Measure Twice, Cut (the Check) Once: Liability for Cybercrime and How to Avoid It

December 15, 2025 — Curt Martin, Richard Volack & Quinn Kuriger - ConsensusDocs
The well-known maxim among carpenters – “measure twice, cut once” – serves as a prudent reminder in the context of construction progress payments, which have become increasingly vulnerable to cybercriminal activity. Consider the following scenario: a joint venture contractor had been receiving progress payments via wire transfer from the project owner. A cybercriminal infiltrated the contractor’s IT infrastructure, identified a pending invoice, and impersonated an employee to redirect the payment. The hacker initially requested that the funds be sent to a new account in rural New York under the general contractor’s name, rather than to the joint venture’s established Houston account. The owner wisely inquired why it should pay the general contractor and not the joint venture who the owner had paid on the prior twenty-nine progress payments. The hacker quickly corrected its request, submitted a new request that misspelled the joint venture’s name, and specified ACH to a third bank, this time in Florida. Despite these glaring red flags, the owner less wisely wired $460,000 to the hacker’s account. Reprinted courtesy of Curt Martin, Peckar & Abramson, P.C. , Richard Volack, Peckar & Abramson, P.C. and Quinn Kuriger, Peckar & Abramson, P.C. Mr. Martin may be contacted at cmartin@pecklaw.com Mr. Volack may be contacted at rvolack@pecklaw.com Mr. Kuriger may be contacted at qkuriger@pecklaw.com Read the full story...

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Quick Note: Termination for Convenience Provisions Give a Party Broad Discretion to End a Contractual Relationship

August 12, 2025 — David Adelstein - Florida Construction Legal Updates
In a recent case, Tripro Consulting, LLC v. CACI-Inc.-Federal, 2025 WL 1832849 (MD Fla. 2025), a cybersecurity subcontractor argued it was improperly terminated under a provision that allowed the contractor to terminate it for convenience if it was in the contractor or government’s (owner) best interest. An argument the subcontractor raised was that the manner in which it was terminated was improper because the person that transmitted the termination letter wasn’t the authorized person per the subcontract. Among other reasons the court found this argument unpersuasive, the court found that any improper transmission is immaterial suggesting this would not rise up to a material breach of the subcontract. Here is what you should know. Termination for convenience provisions are important provisions as they give a party broad discretion to end a contractual relationship (for any reason). Key provisions in construction contracts for the paying party to include. These are very hard to overcome because courts aren’t interested in rewriting contracts you believe are after-the-fact bad bargains. If you want this right, or you are against this right, make sure it gets negotiated on the front end in the contract. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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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

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Why the Renovation of Federal Reserve Headquarters Costs $2.5 Billion

January 21, 2026 — Kriston Capps - Bloomberg
For months, the renovation of the Federal Reserve’s headquarters in Washington has been a subject of friction between the White House and the central bank. On Jan. 11, Fed Chair Jerome Powell said the Justice Department had issued subpoenas in advance of a possible criminal indictment related to the ongoing work. The cost of the work has ballooned to $2.5 billion, and allies of President Donald Trump have previously pressed for an investigation. Powell described the DOJ inquiry as a pressure campaign led by the White House. Any evidence of mismanagement or fraud, as Trump administration officials have suggested, could prove a useful pretext for removing Powell, who the president has repeatedly lambasted for interest rates higher than he’d like. Read the full story...
Reprinted courtesy of Kriston Capps, Bloomberg

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Four Steps to Effectively Manage Rising Risk of Construction Liability Claims

October 06, 2025 — David Chmiel - Construction Executive
A priority for every construction firm, regardless of size, is the effective management of risk. The industry is rife with dangers, more than any other. Too often, risks - of various types - are underestimated or overlooked, making it critical to closely follow and manage policies and practices to guard against them. What has complicated construction’s risk-management challenge has been the environment for liability claims - which have grown in frequency and complexity. Part of the problem is a booming market as costs rise and workers are hard to find, pressuring project timelines and budgets and resulting in more claims. Construction work itself leads to higher claims than in other industries, with total lost time severity for claims 50% higher than average. Natural disasters are worsening, and engineering claims also have a role. And construction-related workers compensation mega claims (over $2 million) are prevalent, in 2024 accounting for over 2% of total loss dollars - over $1 billion. Reprinted courtesy of David Chmiel, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Eyes on the Sky: Regulating DJI Drones on Federal and Private Construction Sites

October 13, 2025 — Maggie Murphy - Construction Executive
When Paul Hedgepath walks a construction site, he doesn’t just see steel beams, scaffolding and concrete. He sees the invisible data streams that help keep multimillion-dollar projects on schedule and under budget - much of it captured by drones buzzing silently overhead. “Drones are on every jobsite we have,” says Hedgepath, director of innovation at MJ Harris Construction. “We use them for progress tracking, reporting to owners, safety and photogrammetry. They’ve become a daily part of how we build.” That reliance, however, could soon face its biggest test yet. Nearly 90% of drones used in the U.S. construction industry are made by DJI, a Chinese company that dominates the global market. Policymakers in Washington, citing security concerns and data privacy issues, are weighing bans and restrictions on Chinese-made drones across federal projects - with ripple effects likely for private-sector contractors too. Reprinted courtesy of Maggie Murphy, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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How to Document Changes and Preserve Claims Without Starting a Fight

December 02, 2025 — Kristina Southwell - Ahlers Cressman & Sleight PLLC
Construction is a team sport, but you can play nice while still preserving your contractual rights. In every construction project, changes happen and disagreements arise. The trouble comes when during formal dispute resolution months (or years) later, the parties argue about the basic facts of what the issue was, what was authorized, who knew, and whether notice was given. In formal dispute resolution, the most compelling evidence is the contemporaneous, factual documentation in the project record, but many fail to document these issues for fear of harming the relationship with the owner, general contractor, or subcontractor. This article provides practical guidance on how to document changes and potential claims in a way that preserves relationships and avoids escalation during the project itself. Here’s how to document changes (or your disagreement) to preserve your contract rights and ability to make a claim later, without jeopardizing the working relationship during construction. Read the full story...
Reprinted courtesy of Kristina Southwell, Ahlers Cressman & Sleight PLLC
Ms. Southwell may be contacted at kristina.southwell@acslawyers.com

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Ninth Circuit Clarifies Viability of Takings Claims Under Arizona’s Unclaimed Property Act

November 09, 2025 — Ed J. Hermes, Jeremy J. Stewart, Benjamin J. Mills & Emily Statham - Snell & Wilmer
In a decision cementing a split with the Tenth Circuit, the Ninth Circuit recently held that property owners’ unclaimed property is not taken in violation of the Fifth Amendment where it is held in trust by the State. See Garza v. Woods, No. 24-1064, 2025 WL 2435221 (9th Cir. Aug. 25, 2025). The district court dismissed plaintiffs’ claims because sovereign immunity barred suit against the Arizona Department of Revenue (“Department”). See Garza v. Woods, No. CV-22-01310-PHX-JJT, 2023 WL 5608414 (D. Ariz. Aug. 30, 2023). The Ninth Circuit reversed this portion of the district court decision and allowed plaintiffs’ takings and due process claims because they plausibly alleged that the Department unconstitutionally seized their property under Arizona’s Unclaimed Property Law (“UPA”). Arizona’s Unclaimed Property Law Arizona’s UPA presumes that certain types of property have been abandoned if unclaimed within a statutory period. See Ariz. Rev. Stat. 44-302(A). Holders of presumably abandoned property must send a written notice to the apparent owner, provide a report to the Department, and ultimately deliver the unclaimed property to the Department. Id. 44-302(E), 44-308(A). Though the Department need not provide actual notice to apparent owners that it is in possession of their property, the UPA requires the Department to operate a website that lists the unclaimed property in its possession. See id. 44-309 (A), 44-309(B). The UPA further requires the Department to deposit all unclaimed money in the state’s general fund. Id. 44-313(A). Reprinted courtesy of Ed J. Hermes, Snell & Wilmer, Jeremy J. Stewart, Snell & Wilmer, Benjamin J. Mills, Snell & Wilmer and Emily Statham, Snell & Wilmer Mr. Hermes may be contacted at ehermes@swlaw.com Mr. Stewart may be contacted at jjstewart@swlaw.com Mr. Mills may be contacted at bemills@swlaw.com Ms. Statham may be contacted at estatham@swlaw.com Read the full story...

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