Could Your Project-Level AI Prompt Become the Other Side’s Smoking Gun?
October 20, 2026 —
Ryan Glass - ConsensusDocsA dispute is brewing on the project. Wanting a quick assessment, the project manager opens ChatGPT, Claude, or another generative artificial intelligence (“AI”) platform. The project manager types the dispute background into the prompt, including concerns, explanations, and a frank discussion of what may have gone wrong on the contractor-side. The AI response identifies potential weaknesses in the contractor’s position, including possible failures to meet contractual obligations. Unhappy with the answer, the project manager starts a new chat, revises the prompt, and tries again. If the dispute escalates to arbitration or litigation, can the owner force the contractor to provide these prompts and the resulting responses?
Frustratingly, the answer is: it depends. Courts have reached different conclusions. For now, the safest course is to involve your counsel before using AI to evaluate a demand letter, default notice, or threatened lawsuit, or before using AI to draft dispute-related emails, claim letters, or other communications that contain project-specific facts. Otherwise, what feels like a private conversation may later become key evidence for the opposing party.
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Ryan Glass, Jones Walker LLCMr. Glass may be contacted at
rglass@joneswalker.com
Delay Matters: Florida’s Fourth DCA Reverses Hurricane Irma Dismissal
June 08, 2026 —
Andrea DeField, Machaella Reisman & Cary D. Steklof - Hunton Insurance Recovery BlogThe mantra “delay, deny, defend” is frequently referenced in discussions of insurance claims handling, though insurers will invariably disavow these tactics. While it would be facially improper for an insurer to delay a coverage decision to gain a tactical advantage, empirical examples nonetheless exist. This very dynamic was addressed by Florida’s Fourth District Court of Appeals when it handed policyholders a win in
Hypoluxo Mariner’s Cay Condo. Assoc’n, Inc. v. Underwriters at Lloyd’s London, No. 4D2024‑2250 (Fla. 4th DCA Apr. 1, 2026), reversing a trial court order dismissing a condominium association’s Hurricane Irma coverage lawsuit against its property insurer.
Delay to Run the Statute of Limitations
Following Hurricane Irma, a condominium association suffered roof and exterior envelope damage, reported an insurance claim, and submitted a sworn proof of loss to its property insurer in compliance with Florida Statute § 627.70132 (2020). The statute establishes a timeframe within which a policyholder must submit a claim for hurricane damage.
Reprinted courtesy of
Andrea DeField, Hunton Andrews Kurth LLP,
Machaella Reisman, Hunton Andrews Kurth LLP and
Cary D. Steklof, Hunton Andrews Kurth LLP
Ms. DeField may be contacted at adefield@hunton.com
Ms. Reisman may be contacted at reismanm@hunton.com
Mr. Steklof may be contacted at csteklof@hunton.com
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EPA Expands PFAS Reporting Requirements with Addition of New Chemical to Toxics Release Inventory, Published by Law360
June 08, 2026 —
Gordon Rees Scully MansukhaniThe U.S. Environmental Protection Agency’s (EPA) addition of sodium perfluorohexanesulfonate (PFHxS-Na) to the Toxics Release Inventory (TRI) introduces new federal reporting requirements for businesses that manufacture, process, or use the chemical. Because reporting obligations apply retroactively to the start of the year, affected facilities must quickly evaluate their compliance and recordkeeping practices.
In a recent Law360 article, Gordon Rees Scully Mansukhani Senior Counsel, Ayodeji Ayolola, explains why PFHxS-Na was automatically added to the TRI, how the EPA’s public reporting system works, and which businesses may be affected by the new rule. The article also touches upon key compliance considerations, including supply chain reviews, reporting thresholds for chemicals of special concern, and preparation for public disclosure requirements.
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Gordon Rees Scully Mansukhani
Los Angeles Times Ranks Lewis Brisbois Third Largest Firm in LA County, Largest for Litigation
June 08, 2026 —
Lewis BrisboisThe Los Angeles Times has ranked Lewis Brisbois the third largest firm in LA County by attorney headcount, and first for number of litigation attorneys.
Lewis Brisbois, whose Los Angeles office is led by Co-Managing Partners Jana I. Lubert and Kathleen Walker, has 273 attorneys working in LA County, including 167 partners.
The firm ranked No. 1 for Litigation in the county, with 206 attorneys under the leadership of Partner Craig Holden.
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Lewis Brisbois
Suit Limitation Provision Eliminates Wind Loss Claim
July 27, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe insurer’s motion for judgment on the pleadings was granted after the insured failed to file suit against the insurer within the policy’s two-year suit limitation provision. Interstate Investments, LLC v. Mt. Hawley Ins Co., 2026 U.S. Dist. LEXIS 98108 (S.D. N. Y. May 4, 2026).
On or before June 27, 2023, a wind, hail and rainstorm damaged Interstate’s property in Oklahoma. Interstate filed a claim under its policy with Mt. Hawley. The policy provided that New York law applied and contained a two- year suit limitation provision.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Pay-If-Paid: What You Need to Know Before Signing on the Dotted Line
August 03, 2026 —
Christian Fernandez & Matthew Racioppo - Snell & WilmerBuried deep in the fine print of a subcontract, a pay-if-paid clause may be looming. If you are a subcontractor or supplier, misreading these clauses can put your cash flow at risk. If you are an owner or general contractor, drafting them incorrectly can leave you with obligations you never intended — or unenforceable protections you were counting on.
It is more important than ever to understand when pay-if-paid clauses hold up and when they do not, as well as recent litigation and drafting trends. Whether you are negotiating a new agreement, reviewing your standard form contracts, or staring down a payment dispute, understanding how Arizona law treats pay-if-paid clauses is essential. In this article, we break down key considerations, walk through the legal standards Arizona courts apply, and offer practical tips to consider to help you protect your payment rights on the next project.
Reprinted courtesy of
Christian Fernandez, Snell & Wilmer and
Matthew Racioppo, Snell & Wilmer
Mr. Fernandez may be contacted at cfernandez@swlaw.com
Mr. Racioppo may be contacted at mracioppo@swlaw.com
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Citadel’s Miami HQ Construction on Hold After Accident, Report Says
October 12, 2026 —
Giulia Morpurgo – BloombergConstruction work on Citadel’s new headquarters in Miami has been paused following an accident on the site last week, the Wall Street Journal reported.
The collapse of a rig on Monday prompted county authorities to issue a stop-work order pending an investigation, according to the newspaper, which cited a local building official. It’s unclear how long the stoppage will last or what caused the accident, the WSJ wrote on Sunday, adding that such probes can take up to six months.
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Giulia Morpurgo, Bloomberg
A Green Light for Housing? What Executive Order 14394 Means for Your Next Project
May 26, 2026 —
Bennett Houck, Miranda Martinez & Byron Sarhangian - Snell & WilmerOn March 13, 2026, President Trump signed Executive Order 14394, “Removing Regulatory Barriers to Affordable Home Construction” (the “Order”). The Order directs federal agencies to reduce regulatory burdens on residential development, streamline environmental permitting, and encourage state and local governments to adopt housing-friendly policies.
The Order includes several key provisions that developers and homebuilders should be aware of moving forward.
Key Provisions
The Order targets four main areas:
1. Federal Environmental Regulations
First, it directs the Secretary of the Army and Environmental Protection Agency (EPA) to revise permitting standards, including stormwater permits, wetlands permits under Section 404 of the Clean Water Act, and related construction-site requirements. The Order also targets energy-efficiency mandates for U.S. Department of Housing and Urban Development (HUD) and U.S. Department of Agriculture (USDA) financed housing. For developers and homebuilders, these revisions could reduce project delays and compliance costs associated with stormwater management, wetlands mitigation, and energy-efficiency upgrades, expenses that often add significant time and cost to residential development projects.
Reprinted courtesy of
Bennett Houck, Snell & Wilmer,
Miranda Martinez, Snell & Wilmer and
Byron Sarhangian, Snell & Wilmer
Mr. Houck may be contacted at bhouck@swlaw.com
Ms. Martinez may be contacted at mimartinez@swlaw.com
Mr. Sarhangian may be contacted at bsarhangian@swlaw.com
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