ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Insureds' Claim for Flood Damage is Time-Barred

April 22, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court granted the insurer's motion to dismiss because the insureds' claim for damages under the Standard Flood Insurance Policy was submitted too late. Caruso v. First Protective Ins. Co., 2025 U.S. Dist. LEXIS 23288 (M.D. Fla. Feb. 10, 2025). The insureds' property sustained flood damage during Hurricane Ian. The insureds submitted a claim for their damages. On March 3, 2023, the insurer sent a letter partially denying the claim. Several months later, on September 26, 2023, the insureds submitted a proof of loss, which the insurer denied on June 26, 2024. The insureds filed suit and the insurer moved to dismiss arguing that the claim was time-barred because suit was filed more than a year after its March 3, 2023 denial letter. The insureds argued that the March 2023 letter was not a proper denial to trigger the statute of limitations period. Rather, the argued it was June 26, 2024, denial letter that triggered the statute of limitations. Under the statute, a plaintiff had to institute an action within one year after the date of mailing of notice of disallowance or partial disallowance of the claim. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Beyond the Executive Orders: Legislative Proposals to Strengthen the U.S. Critical Minerals Supply Chain

March 25, 2025 — Ashleigh Myers, Robert A. James, Allan C. Van Vliet, Amanda G. Halter, Kelsey Parker & Sahar J. Hafeez - Gravel2Gavel
Critical minerals are the backbone of modern technologies and national security, powering everything from advanced semiconductors and electric vehicle batteries to missile guidance systems and renewable energy infrastructure. As the global economy transitions to more diverse energy technologies, the demand for these essential materials has surged. Despite their vast importance and usefulness, the United States remains heavily dependent on foreign sources—particularly China—that dominate the global supply chain for critical minerals. This reliance threatens supply chain stability, leaving key American industries vulnerable to disruptions, price manipulations and political leverage. We have witnessed a multitude of actions from the White House in recent weeks ranging from new executive orders to the repeal of old ones. This includes the Trump administration’s Day One Executive Order entitled Unleashing American Energy, which directs U.S. government agencies to assess several trade and national-security-related actions (including stockpiling), prioritize geological mapping, and consider support for processing of critical minerals, among other things. That is not the entire federal government response, however. A number of congressional bills—many of them with bipartisan support—have been proposed in the 2025 legislative session in an effort to boost domestic extraction, refining and production of critical minerals. Reprinted courtesy of Ashleigh Myers, Pillsbury, Robert A. James, Pillsbury, Allan C. Van Vliet, Pillsbury, Amanda G. Halter, Pillsbury, Kelsey Parker, Pillsbury and Sahar J. Hafeez, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Mr. James may be contacted at rob.james@pillsburylaw.com Mr. Van Vliet may be contacted at allan.vanvliet@pillsburylaw.com Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Ms. Parker may be contacted at kelsey.parker@pillsburylaw.com Mr. Hafeez may be contacted at sahar.hafeez@pillsburylaw.com Read the full story...

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How Not to Frustrate an Arbitrator: Common Mistakes Attorneys Should Avoid in Arbitration

April 22, 2025 — Patricia H. Thompson & Hon. Nancy Holtz (Ret.) - The Dispute Resolver
A recent federal court ruling held that an arbitration award would be enforced under the facts of that case, regardless of whether the parties considered the award “good, bad or ugly.” See RSM Production Corp. v. Gaz du Cameroun, S.A., 117 F.4th 707, 714 (5th Cir. 2024). As explained below, we suggest that “good, bad or ugly” can describe other aspects of arbitration. In our combined 20-plus years of experience as arbitrators, we have been surprised and frustrated when “good” construction advocates engage in counterproductive conduct that may accurately be described as bad or even ugly. Optimistically, we offer the following suggestions to improve counsel’s performance in arbitration. Mind your ABCs. Always be credible. An arbitrator’s ability to rule on an issue depends, in part, on the credibility of the parties' communication of evidence and law. From initial filings to the last argument, attorneys must maintain consistent credibility. Reprinted courtesy of Patricia H. Thompson, JAMS and Hon. Nancy Holtz (Ret.), JAMS Read the full story...

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Congratulations to Partners Bryan Stofferahn and Jason DiGioia on Successfully Securing Nearly 12 Million Dollars in a Complex Construction Defect Case!

May 23, 2025 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
We are proud to announce a significant legal victory for BWB&O’s contractor client in a complex and hard-fought case involving alleged construction defects to the flooring system at a major hospital in the Bay Area. BWB&O partners Bryan Stofferahn and Jason DiGioia successfully secured nearly $12 million in recovery from multiple cross-defendants, including the architect, product manufacturers, and product suppliers of the materials installed by BWB&O’s client. The case arose from the catastrophic failure of a never-before-installed flooring system, which resulted in severe cracking and necessitated the replacement of the entire flooring system. BWB&O’s contractor client pursued recovery after settling with the hospital owner, navigating multiple legal and insurance coverage challenges along the way. Throughout the process, Bryan and Jason worked tirelessly, overcoming significant coverage issues and successfully triggering multiple insurance policies of the cross-defendants. After lengthy expert depositions, the case was globally settled. Bryan and Jason secured an 8-figure settlement, but more importantly, they also preserved the business operations of BWB&O’s client. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

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Construction Defect Disputes: Know Your Measure of Damages!!!!!

January 21, 2025 — David Adelstein - Florida Construction Legal Updates
Remember this: know your measure of damages in a construction defect dispute. If you don’t, as shown below, the outcome can be unforgiving. The measure of damages is one of your most important elements of proof. You are filing suit for damages; thus, knowing what you can reasonably recovery is paramount. In a recent dispute, Bandklayder Development, LLC v. Sabga, 50 Fla.L.Weekly D91e (Fla. 3d DCA 2025), a residential developer sold a single-family house while it was under construction in an as-is purchase agreement. Post-closing, the purchasers claimed defects and served a Florida Statutes Chapter 558 notice of construction defects letter. The purchaser subsequently initiated a construction defect lawsuit. During the nonjury trial, the purchaser’s expert testified that the purchasers suffered damages approximating $323,000 calculated as of January 19, 2022 (which was the date of the expert’s report). The expert further testified that the cost to finish the incomplete/defective work increased by 35% at the date of the May 2023 trial. However, the expert never testified as to the amount of damages as of the date of the contractual breach, which at the latest, would have been in April 2018 when the notice of construction defects letter was sent (or, at its earliest, June 2017 when closing occurred). At trial, the judge entered judgment for the purchasers in the amount of about $425,0000. This was reversed on appeal with judgment to be entered in favor of the developer. Why? Because the purchasers employed the wrong measure of damages and the only thing that prevented them from introducing the right measure of damages was within their control. Harsh outcome for not applying the correct measure of damages! 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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Start Spreading the News: Appellate Division Case Highlights How Policyholders Should Plead Claims Under New York’s Consumer Protection Statute

March 18, 2025 — Bethany L. Barrese & Michael A. Amato - Saxe Doernberger & Vita, P.C.
When a policyholder feels their insurance claim has been mishandled or denied unfairly, pursuing recovery for the insurer’s bad faith is often front of mind. While many states recognize a common law and/or statutory cause of action for bad faith, the circumstances that constitute bad faith vary amongst jurisdictions. As prescribed in The Rockefeller Univ. vs. Aetna Cas. & Sur. Co., et al.,[1] New York recognizes a claim for breach of the implied covenant of good faith and fair dealing – otherwise known as bad faith – involving three elements of proof: (1) the facts establishing the insurer’s bad faith conduct must be separate from the facts giving rise to the breach of contract claim, (2) the damages sought as a result of the insurer’s bad faith must be distinct from the damages sought in the breach of contract claim, and (3) the facts must demonstrate that the insurer grossly disregarded its policyholder’s interests. Reprinted courtesy of Bethany L. Barrese, Saxe Doernberger & Vita, P.C. and Michael A. Amato, Saxe Doernberger & Vita, P.C. Ms. Barrese may be contacted at BBarrese@sdvlaw.com Mr. Amato may be contacted at mamato@sdvlaw.com Read the full story...

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Georgia Gov. Kemp Signs Sweeping Tort Reform Legislation into Law

May 19, 2025 — Lewis Brisbois Newsroom
Atlanta, Ga. (May 6, 2025) - On April 22, 2025, Georgia Gov. Brian Kemp signed into law Senate Bills 68 and 69 (collectively dubbed the “Comprehensive Tort Reform Legislation”), with the aim of curbing lawsuit abuse and the explosion of outsized nuclear verdicts in the state’s courts. This landmark legislation, which was widely supported by Georgia’s business community, makes a host of changes to Georgia law in the areas of civil practice, evidentiary matters, damages, and liability in tort actions. Below is a summary of key changes made by the law. Anchoring Plaintiffs’ attorneys can no longer arbitrarily argue the monetary value of non-economic damages (such as pain and suffering) during the closing arguments of a trial. Instead, the new law requires that their arguments concerning non-economic damages be related to actual evidence. Moreover, if the plaintiff's attorney suggests a number, they must do so in their initial closing and cannot change it in rebuttal closing. However, the law does not impose a cap on the total amount of damages a jury can award. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Materialmen’s Lien Against Condominium Name the Proper Parties

February 19, 2025 — Lawrence S. Glosser - Ahlers Cressman & Sleight PLLC
In a recent unpublished opinion, MDK General Construction, LLC v. Aspen Grove Owners Association Case No. 85704-5-I Division One of the Court of Appeals, appealed the trial court’s grant of summary judgment in favor of Aspen Grove Owners Association (“the “Owners Association”) dismissing MDK’s materialmens’ lien against the Owners Association. MDK was hired as a subcontractor for extensive renovations at the Aspen Grove Condominium, a 96 unit condominium. Specifically, MDK was hired to “perform construction services in the form of exterior siding and related work.” The party to the contract was the Owners Association, and that entity was named in a lien foreclosure action. The lien foreclosure action was instituted because the General Contractor failed to pay MDK for its subcontract work on the exterior. The Owners Association asserted the defense that it was not the proper party because it was not an owner of any of the real property in question. The Court addressed the statutory provisions of both Chapter 64.34 RCW (the Condominium Act”) regarding the creation of a condominium and Chapter 60.04 RCW addressing materialmen’s liens. RCW 60.04.051 specifies the property subject to the lien as to “ the extent of the interest of the owner at whose instance, directly or through a common law or construction agent the labor, professional services, equipment, or materials were furnished.” (Emphasis added). Read the full story...
Reprinted courtesy of Lawrence S. Glosser, Ahlers Cressman & Sleight PLLC
Mr. Glosser may be contacted at larry.glosser@acslawyers.com

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