Anaheim California Roofing Expert Witness Directory

Traub Lieberman Partner Jessica Kull Obtains Favorable Arbitration Award In Year-Long High-Stakes Construction Defect Case

November 09, 2025 — Jessica N. Kull - Traub Lieberman
Traub Lieberman Partner Jessica Kull and the Traub Lieberman litigation team obtained an extremely favorable outcome in a highly contentious construction defect arbitration hearing on behalf of their client, a well-known general contractor, LG Construction Group LLC (“LG”). The litigation lasted a total of 6 years, with the arbitration evidentiary hearing portion continuing for 12 months. In 2019, the Claimant, a wealthy homeowner, filed an arbitration demand against both LG and the luxury brand architecture firm that she hired to construct a multi-million-dollar lakefront home in Wilmette, Illinois. The Claimant alleged construction defects totaling approximately $13 million in damages. Her claims included alleged defects to the exterior and interior of the home. In turn, Jessica filed third-party claims against approximately 20 subcontractors involved in performing the work. Read the full story...
Reprinted courtesy of Jessica N. Kull, Traub Lieberman
Ms. Kull may be contacted at jkull@tlsslaw.com

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

American Roads Are Paved With Inefficiency

November 09, 2025 — David Zipper - Bloomberg
North Carolina and South Carolina are neighboring southeastern states, but despite their similar climate and terrain, their costs of highway projects are vastly different. For repaving work begun in 2018 or 2019, South Carolina’s Department of Transportation spent an average of $375,500 per mile, more than twice as much as its northern neighbor. That discrepancy is one of many intriguing findings about state DOTs uncovered by Zachary Liscow, a professor at Yale Law School who is trained as an economist as well as a lawyer. For more than a decade, Liscow has examined how state DOTs pay for infrastructure, and he’s reached a series of striking conclusions about why their costs have risen over time, albeit at very different rates. He also offers suggestions about ways transportation agencies can get more bang for taxpayers’ dollars. Read the full story...
Reprinted courtesy of David Zipper, Bloomberg

Designing, Constructing and Converting Data Centers and Crypto Mines

May 19, 2025 — James P. Bobotek, Robert A. James, Arielle L. Murphy & Polly Gomez - Gravel2Gavel Construction & Real Estate Law Blog
The ever-increasing demand for digital infrastructure, coupled with continuing cryptocurrency demand volatility, has generated significant interest in transforming building improvements housing crypto mining farms into modern high-capacity data centers. Crypto mines and data centers share certain foundational elements—facilities with a large footprint and the need for high power capacity and cooling—but they have different functions, and their operational models, technical requirements and regulatory considerations are correspondingly diverse. Below are some key distinctions between the two, as well as issues developers should anticipate, when designing and constructing either type of facility, or considering a crypto farm-to-data center conversion. Built for Different Purposes Crypto mines and data centers share a fundamental requirement—both demand enormous computational power, resulting in the need for massive amounts of power and cooling. Their distinct operational goals, however, result in facilities that look and operate differently. Despite their common infrastructure backbone, their distinct purposes result in differing technical and architectural configurations. Reprinted courtesy of James P. Bobotek, Pillsbury, Robert A. James, Pillsbury, Arielle L. Murphy, Pillsbury and Polly Gomez, Pillsbury Mr. Bobotek may be contacted at james.bobotek@pillsburylaw.com Mr. James may be contacted at rob.james@pillsburylaw.com Ms. Murphy may be contacted at arielle.murphy@pillsburylaw.com Ms. Gomez may be contacted at polly.gomez@pillsburylaw.com Read the full story...

Mediation Success – Strategies for Avoiding Prolonged Litigation and Getting To “Settled”

July 15, 2025 — Gene M. Witkin & Matthew W. Argue - The Dispute Resolver
By this article, the authors, both full-time neutrals, share some success strategies to help civil litigation practitioners, particularly in construction law. We address helpful tips to avoid common mediation pitfalls which can occur before mediation or during mediation. We will address break-out sessions, joint caucuses, and mediator’s proposals – so that you can make the most of the mediation process.

RESOLUTION STARTS PRE-MEDIATION

Pre Mediation Preparation and Call

Good mediators frequently begin mediation many days if not months before the mediation event. The mediator will convene a pre-mediation planning call (often via Zoom) with all counsel to discuss a mediation plan for the case. The mediator explores with counsel the key issues that need to be addressed prior to mediation. Often the mediator will help the parties focus on key issues in dispute and avoid spending time on minor issues that can be resolved more easily during mediation. These key issues include insurance coverage and limits, making sure all decision makers attend mediation, exchange of documents and expert reports, as well as key documents that support or rebut the claims.

Non-Confidential Mediation Briefs

Mediation briefs that provide a thoughtful, complete, and honest assessment of the case set the stage for success - especially if they are non-confidential and exchanged with the other side. The mediation brief is a persuasive argument that can help focus the mediators and other party on the key areas in dispute. Ideally, mediation briefs are exchanged with sufficient time in advance of mediation so the mediator can react and if necessary, follow up with all parties regarding supplemental information to exchange prior to mediation. The goal is ensuring all parties are ready for mediation and any critical information is exchanged in advance of mediation. Reprinted courtesy of Gene M. Witkin, AMCC and Matthew W. Argue, AMCC Read the full story...

EPA Grants Arizona Lead Over Underground Injection Control Program

October 27, 2025 — Patrick J. Paul & John Habib - Snell & Wilmer
On September 10, 2025, the U.S. Environmental Protection Agency (EPA) announced a final rule granting Arizona primacy to administer all classes of underground injection wells under the Safe Drinking Water Act (SDWA). This decision transfers authority for permitting and oversight of the Underground Injection Control (UIC) program from EPA to the Arizona Department of Environmental Quality (ADEQ). UIC Program The UIC program safeguards underground drinking water sources by regulating six classes of wells, from hazardous waste disposal (Class I) to carbon capture and storage (Class VI). States may obtain primacy if they demonstrate their program meets federal requirements. EPA’s approval followed a detailed technical and legal review of Arizona’s application and determined that ADEQ has the resources and statutory authority to implement the program consistent with SDWA. Reprinted courtesy of Patrick J. Paul, Snell & Wilmer and John Habib, Snell & Wilmer Mr. Paul may be contacted at ppaul@swlaw.com Mr. Habib may be contacted at jhabib@swlaw.com Read the full story...

Power Hungry: AI-Fueled Data Center Boom Sets Energy Delivery’s New Course

September 23, 2025 — Debra K. Rubin & Johanna Knapschaefer - Engineering News-Record
The statistics seem astounding, as forecasts for artificial intelligence demand push expansion of data center and power infrastructure into hyper-blitz in the U.S., and beyond. Reprinted courtesy of Debra K. Rubin, Engineering News-Record and Johanna Knapschaefer, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Read the full story...

Admissions In Answers to Construction Lawsuits Matter

May 19, 2025 — David Adelstein - Florida Construction Legal Updates
Ogden v. Defelice, 50 Fla.L.Weekly D937d (Fla. 5th DCA 2025), is a construction case that doesn’t talk about construction issues. Go figure. Nonetheless, it does touch upon two worthy considerations: (i) admissions in answers to lawsuits; and (ii) fictitious names. Both issues apply to construction disputes. In this case, plaintiff sued a person d/b/a (doing business as) a fictitious company that focuses on kitchen countertops. After an amended complaint, the person filed an answer to the lawsuit that admitted the allegation regarding him doing business as a fictitious company. The case proceeded to a bench trial and the person got a judgment entered against him. The person later tried to vacate the judgment arguing that the judgment never should have been entered against him, but another company. This argument was rejected: Admissions in pleadings “are accepted as facts without the necessity of supporting evidence. Phrased differently, a pleading admission has “ ‘the effect of withdrawing a fact from contention.’” It “release[s] the opposing party from its burden to prove” that fact. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

ANAHEIM CALIFORNIA ROOFING EXPERT WITNESS DIRECTORY AND CAPABILITIES