Anaheim California Roofing Expert Witness Directory

Toolbox Talk Series: International Arbitration for the "Domestic" Construction Lawyer

May 12, 2025 — Brendan J. Witry - The Dispute Resolver
As US-based construction lawyers know, arbitration is a frequently used method of dispute resolution. However, construction lawyers who practice primarily with projects and clients in the US may not be aware of the nuances that come with the use of arbitration on international projects. For this month's installment of the Toolbox Talk Series, Zachary Torres-Fowler and Manav Singhla discussed the similarities and differences between domestic arbitration and international arbitration. Zachary and Manav first demystified the nature of international arbitration; it is simply a means of dispute resolution just like domestic arbitration. They discussed the advantages of international arbitration, most notably the easier means of enforcement. Particularly where there are different legal systems (i.e., common law vs. civil law) enforcing a judgment from one legal system can be difficult where the prevailing party must go elsewhere (with a different legal system/tradition) to collect. Read the full story...
Reprinted courtesy of Brendan J. Witry, Laurie & Brennan LLP
Mr. Witry may be contacted at bwitry@lauriebrennan.com

Yet Another Reminder to ALWAYS Show Up for Court

April 08, 2025 — Christopher G. Hill - Construction Law Musings
If there’s one admonishment I’ve given a lot at this construction law blog, it is to be very careful with mechanic’s liens. This post is not about that. This post is about another major piece of advice that has been set out here at Construction Law Musings, namely, always show up for court and respond to lawsuits. A recent case out of the Eastern District of Virginia federal court is yet another reminder that you should always, always respond to lawsuits. In Great Midwest Ins. Grp. v. WB Constr. Grp., Inc., the Court was considering a payment bond claim that was partially paid by Great Midwest. As is the case with all suretys, Great Midwest had an indemnity agreement with a principal of WB Construction, Ms. Biggers. The Surety then sued to enforce its general indemnity against Ms. Biggers after neither the indemnitor nor WB Construction repaid the $600,163.10 that the Surety paid out under the payment bond. The Surety then posted service on Ms. Biggers and mailed a copy of the complaint to her address, thus achieving proper service. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Turner, Subcontractor Reach $23.5M Settlement in Worker Death on Chicago Project

July 01, 2025 — Annemarie Mannion - Engineering News-Record
A $23.5-million settlement has been reached with Turner Construction and subcontractor Adjustable Forms Concrete in the death last year of a 27-year-old construction engineer who fell 145 ft from scaffolding at an $815-million cancer pavilion project under construction at the University of Chicago Medical Center. Read the full story...
Reprinted courtesy of Annemarie Mannion, Engineering News-Record
Ms. Mannion may be contacted at manniona@enr.com

Executive Insights 2025: Leaders in Construction Law

June 09, 2025 — Construction Executive
How does incorporating dispute resolution into a contract along with procedures to encourage transparency and collaboration among parties help when an issue arises? Bryan Thomas Partner Bradley Arant Boult Cummings LLP Dispute provisions should be designed to encourage transparency and collaboration. In my 17 years advising on construction projects and litigating those that cannot be reasonably resolved, I have observed that those that reach the courtroom or an arbitration panel remain unresolved because of the dispute process, the associated costs and the related leverage provided by the contractual structure of the process. My advice on the front-end is twofold: have a useful mediation provision and develop a practical fee-shifting provision to encourage real exchanges and resolution. While early non-binding dispute procedures, like DRBs, can be helpful on the largest of projects, an early mediation requirement is more practical and helpful for most projects. The key is making sure all parties are encouraged to meaningfully participate in the mediation. Thus, linking a mediation requirement with a carefully crafted fee-shifting provision can encourage mutual engagement, drive transparency and collaboration throughout the process, and ultimately lead to resolution rather than incurring the significant costs associated with fighting in the dispute process. My recommendation is to develop a fee provision that objectively requires the parties to set their own binding bar for determining the “prevailing party.” That can be achieved through the required exchange of early written offers “X” days after (or before) mediation, trial or both. Nothing can be more sobering to all parties than considering the possibility of having to pay both parties’ legal fees. Not surprisingly, most contracts that incorporate this approach result in the transparency needed for efficient and early resolution. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

Construction Laws and Customs: District of Columbia

April 29, 2025 — Anthony LaPlaca, Edward (Teddie) Arnold & Jason Smith - The Construction Seyt
Seyfarth’s Anthony LaPlaca, Teddie Arnold, and Jason Smith recently published the 2025 annual update of the Thomson Reuters state law survey of construction laws and customs for the District of Columbia. This survey contains questions and answers about frequently asked questions concerning construction projects governed by D.C. law, including prompt pay and retainage requirements, stop work rights, licensing issues, warranties, bonding requirements, and litigation concerns for public and private projects. The survey is a useful resource for builders, owners, and design professionals operating in the District of Columbia and may be accessed at the link below. Reprinted courtesy of Anthony LaPlaca, Seyfarth Shaw LLP, Edward (Teddie) Arnold, Seyfarth Shaw LLP and Jason Smith, Seyfarth Shaw LLP Mr. LaPlaca may be contacted at alaplaca@seyfarth.com Mr. Arnold may be contacted at earnold@seyfarth.com Mr. Smith may be contacted at jnsmith@seyfarth.com Read the full story...

Congratulations to Partners Alison Hurley and Nicholas Rodriguez for Prevailing on Their Motion for Summary Judgment!

May 12, 2025 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara is pleased to share that Partners Alison Hurley and Nicholas Rodriguez successfully secured a grant of Summary Judgment in a complex case involving claims of wrongful death and personal injury. This matter arose from an electrocution incident on a construction site that resulted in the passing of one individual and injuries to two others. The incident occurred when the workers were in the process of installing rebar on the fourth-floor deck of a construction project in Los Angeles, California. As they hoisted a piece of rebar past the edge of the building to attempt to fix a prior mistake, it contacted an active power line, causing the incident. Plaintiffs included the four family members of the decedent, as well as the two injured workers. Nicholas and Alison represented the building owner, general contractor, and a hired subcontractor. Each plaintiff asserted some form of negligence and premises liability against these defendants alleging that defendants were the cause of the incident and resulting harm. However, Nicholas and Alison argued that each and every claim failed under the Privette doctrine as the incident and resulting harm occurred while the workers were in the course of their employment and under the direction and supervision of their employer. Moreover, pursuant to Privette and its progeny, defendants implicitly delegated to the employer of the workers any tort law duty defendants may have owed to ensure the safety of the workplace that was the subject of the contract. The Court agreed and found that defendants met their burden, and that plaintiffs could not present arguments to overcome the facts and prevailing authority. Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

Strategic Investigation and Thorough Advocacy Leads to Dismissal and Fee Recovery for National Builder

August 18, 2025 — David McLain - Colorado Construction Litigation Blog
When a national homebuilder faced a premises liability and negligence lawsuit in Colorado, HHMR’s Andrew Vogelgesang stepped in to methodically analyze the claims and protect the client’s interests. The plaintiff alleged a trip-and-fall incident on a public sidewalk and named several parties as defendants. Plaintiff’s counsel supplied photographs of the alleged defect, and Andrew used those images as a starting point for his investigation. He personally visited the site to identify the precise location where the incident occurred and then cross-referenced that information with publicly available property records. Andrew’s investigation confirmed that the sidewalk in question was never owned by our client and that the builder had no role in its design, construction, maintenance, or repair. He also confirmed these facts directly with the client. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
Mr. McLain may be contacted at mclain@hhmrlaw.com

From Ashes to Action: LA Fire Recovery Enters New Phase

August 06, 2025 — Scott Blair & L. L. Poirier - Engineering News-Record
Six months after several devastating wildfires swept through Los Angeles County, debris removal has entered the home-stretch, while businesses, utilities and homeowners take the first steps toward rebuilding. Reprinted courtesy of Scott Blair, Engineering News-Record and L. L. Poirier, Engineering News-Record Mr. Blair may be contacted at blairs@enr.com Read the full story...

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