When Arbitrators Overreach: Utah Supreme Court Trims an Award Built on an Unpled Claim
November 02, 2026 —
Tyson J. Prisbrey & Mark O. Morris - Snell & WilmerConstruction industry participants have long favored arbitration to resolve disputes, prizing its speed, confidentiality, and finality over traditional litigation. That finality, however, depends on arbitrators staying within the bounds of what the parties actually put before them. In RV Holdings 4, LLC, et al. v. Standard Fiber Investors, LLC, the Utah Supreme Court issued a rare rebuke of an arbitration award, holding that the arbitrator exceeded their authority by awarding damages on a claim the prevailing party never submitted for decision.
The dispute arose from a management-fee relationship between Standard Fiber, a bedding manufacturer, and several affiliated “Ridgeview” entities that provided financial and accounting oversight services. After Standard Fiber stopped paying management fees in 2020, the parties pursued their claims in arbitration. Ridgeview’s arbitration demand sought recovery under two specific theories: that a 2006 management services agreement remained in effect, and alternatively, that an oral “50/50 Agreement” entitled it to a share of fees paid to an affiliated entity. Notably, Ridgeview never asserted a claim for breach of a separate 2014 fee arrangement, and affirmatively disavowed reliance on it. The arbitrator rejected both of Ridgeview’s submitted theories and instead awarded Ridgeview $725,000 based on that unpled 2014 agreement. The district court confirmed the award, concluding that the arbitrator’s decision was rationally related to the parties’ arguments, including evidence Standard Fiber itself introduced about the 2014 arrangement.
Reprinted courtesy of
Tyson J. Prisbrey, Snell & Wilmer and
Mark O. Morris, Snell & Wilmer
Mr. Prisbrey may be contacted at tprisbrey@swlaw.com
Mr. Morris may be contacted at mmorris@swlaw.com
Read the full story...
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.
Read the full story...Reprinted courtesy of
Ryan Glass, Jones Walker LLCMr. Glass may be contacted at
rglass@joneswalker.com
Best Lawyers Honors Hundreds of Lewis Brisbois Attorneys, Names Five Partners 'Lawyers of the Year'
September 08, 2026 —
Lewis BrisboisBest Lawyers has selected 207 Lewis Brisbois attorneys across 45 offices for its 33rd edition of The Best Lawyers in America. It has also recognized five Lewis Brisbois partners on its "Lawyers of the Year" list: Akron Partner John R. Conley (Product Liability Litigation - Defendants); Akron Managing Partner David Kern (Corporate Law; Mergers and Acquisitions Law; Private Funds / Hedge Funds Law; Tax Law; Trusts and Estates); Weirton Managing Partner Michelle L. Gorman (Mass Tort Litigation / Class Actions - Defendants); Portland Partner Megan Cook (Personal Injury Litigation - Defendants); and San Diego Partner Craig T. Mann (Medical Malpractice Law - Defendants).
Please join us in congratulating the following attorneys on their Best Lawyers recognition! You can also see the full list of attorneys named to Best Lawyers' Ones to Watch in America
here.
Read the full story...Reprinted courtesy of
Lewis Brisbois
Seattle’s Residential Zoning Transformation: What Property Owners, Buyers, and Investors Should Understand
May 14, 2026 —
Lawrence S. Glosser - Ahlers Cressman & Sleight PLLCSeattle is in the midst of a significant transformation in residential land use policy. Longstanding neighborhood zoning patterns that historically favored detached single-family development are being reexamined in response to housing supply pressures, affordability concerns, and evolving state mandates.
For homeowners, purchasers, investors, and builders, these changes may create substantial new opportunities. They also create a heightened need for careful legal and practical due diligence.
While zoning reform can expand potential uses of property, it does not eliminate the many other constraints that may still govern what can actually be built.
Read the full story...Reprinted courtesy of
Lawrence S. Glosser, Ahlers Cressman & Sleight PLLCMr. Glosser may be contacted at
larry.glosser@acslawyers.com
What Construction Attorneys Do and When Contractors Need Them
August 11, 2026 —
Construction ExecutiveDirect Answer
A construction attorney advises contractors on contracts, payment rights, mechanic's liens, payment bond claims, change orders, delay claims, OSHA matters, defect claims, terminations and dispute resolution. The work covers far more than lawsuits—much of its value comes before a dispute ever becomes formal.
Construction attorneys help contractors protect payment rights, manage project risk, resolve disputes and avoid contract terms that can turn a profitable job into a financial loss. Their work covers more than lawsuits. A construction attorney may review a contract before bid day, help preserve lien rights, respond to a defective work claim, prepare for mediation or defend a contractor after a safety citation.
For contractors, legal counsel is often most valuable before a dispute becomes formal. A missed notice deadline, vague scope clause, unsigned change order or broad indemnity provision can create problems long before a claim is filed. Construction attorneys help identify those risks while there is still time to negotiate, document the issue or preserve leverage.
Reprinted courtesy of
Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...
The GKN Aerospace Chemical Release and the Laws Designed to Address It
July 06, 2026 —
Sean M. Sherlock - Snell & WilmerOn May 21, 2026, a 34,000-gallon storage tank at the GKN Aerospace facility in Garden Grove, California began leaking methyl methacrylate (MMA), a volatile and highly flammable industrial chemical used to manufacture high-strength acrylic plastics. GKN Aerospace makes advanced military and commercial transparencies, such as aircraft canopies, windshields, cabin windows, bullet-resistant glass, and spacecraft windows.
In polymer chemistry lingo, MMA is known as a monomer. Monomers are like individual links to a chain. Under the right conditions they link up (react) with each other to form long-chained polymers, or plastics. MMA is an unstable monomer that requires controlled storage conditions to avoid setting off a polymerization (chain) reaction.
According to early reports, the MMA tank at GKN Aerospace overheated. The cause of the overheating is not yet clear, but the overheating may have created conditions enabling the MMA to initiate polymerization, which in turn generated heat, which in turn generated pressure, activating the tank’s pressure-relief system and releasing MMA vapor into the atmosphere. Concerns about a runaway reaction, massive release, and explosion led the Orange County Fire Authority to order evacuation of approximately 40,000 residents and closure of thirteen schools.
Read the full story...Reprinted courtesy of
Sean M. Sherlock, Snell & WilmerMr. Sherlock may be contacted at
ssherlock@swlaw.com
Late Notice Bars Insured’s Claim for Water Leak Damage
August 11, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe federal district court granted the insurer’s motion for summary judgment dismissing the insured’s claim due to late notice. Global Approach, Inc. v. Scottsdale Ins. Co., 2026 U.S. Dist. LEXIS 120183 (S. D. Fla. June 1, 2026).
Global suffered water damage on September 3, 2021, which originated in the bathroom of one of its rental properties. Global reported the claim to its insurer, Scottsdale, on October 19, 2021. Prior to reporting the claim, Global hired a handyman to inspect the property and then demolished the damaged area and repaired the bathroom.
Read the full story...Reprinted courtesy of
U.S. Department of Defense Institutes New Cybersecurity Maturity Model CertificationWhite and Williams LLP is Honored to be Recognized Among the 2026 Best Law Firms Ranked by Best Lawyers®Illinois Supreme Court Rules Labor Costs Not Depreciated to Determine Actual Cash ValueSaudi Prince’s Megacity Shows Signs of LifeUPDATE: ACS Obtains Additional $13.6 Million for General Contractor Client After $19.2 Million Jury Trial VictoryNewmeyer & Dillion Named for Top-Tier Practice Areas in 2018 U.S. News – Best Law Firms ListColorado Finally Corrects Thirty-Year Old Flaw in Construction Defect Statute of ReposeConstruction Is Holding Back the EconomyKnow Your Burden of Proof in an Insurance Coverage Dispute Dealing With an All Risk PolicyKentucky Court Upholds Arbitration Award, Denies AppealExistence of “Duty” in Negligence Action is Question of LawACS Super Lawyers and Rising Stars RecognizedTrump Budget Would Slash Some Construction Spending, Boost Transportation ProjectsWhen Does a Contractor Legally Abandon a Construction Project?Development in CBF Green Building Case in MarylandMortenson Subcontractor Fires Worker Over Meta Data Center NooseCalifornia Court Forces Insurer to Play Ball in COVID-19 Insurance Coverage SuitEliminating Waste in Construction – An Interview with Turner BurtonIs Modular Construction Destined to Fail?Connecticut Grapples With Failing Concrete FoundationsMore thoughts on Virginia Mechanic’s LiensClient Alert: Court of Appeal Applies Common Interest Privilege Doctrine to HOA Litigation MeetingsCourt Finds That Limitation on Conditional Use Permit Results in Covered Property Damage Due to Loss of UseOSHA Announces Expansion of “Severe Violator Enforcement Program”Fargo Shows Record Home BuildingWisconsin “property damage” caused by an “occurrence.”Iowa Apartment Complex Owners Awarded Millions for Building DefectsPollution Created by Business Does Not Deprive Insured of CoverageSupreme Court Finds Insurance Coverage for Intentional (and Despicable) Act of Contractor’s EmployeeMorrison Bridge Allegedly Crumbling“Don’t Coblentz - You Might Miss It!”Illinois Favors Finding Construction Defects as an OccurrenceToward Increased Citizen Engagement in Urban PlanningChanges to Judicial Selection in Mexico Create a New Case for Contractual ADR ProvisionsLondon Office Builders Aren’t Scared of Brexit AnymoreDomingo Tan Receives Prestigious Ollie Award: Excellence in Construction Defect CommunityTeaming Agreements- A Contract to Pursue a Solicitation and NegotiateRecent Changes in the Law Affecting Construction Defect Litigation“To Indemnify, or Not to Indemnify, that is the Question: California Court of Appeal Addresses Active Negligence in Indemnity Provisions”Washington High Court Holds Insurers Bound by Representations in Agent’s Certificates of InsuranceWill AI Completely Transform Our Use of Computers?Limitations: There is a Point of No ReturnDelay Leads to Problems with Construction DefectsDoes Article 2 of the Uniform Commercial Code Impact Your Construction Project?Senator Ray Scott Introduced a Bill to Reduce Colorado’s Statute of Repose for Construction Defect Actions to Four YearsTop Five Legal Mistakes in ConstructionEvacuations in Santa Barbara County as more Mudslides are PredictedReport: Construction Firms Could Better Protect Workers From Noise HazardsMicropiles for bad soil: a Tarheel victoryClaim for Vandalism Loss Survives Motion to DismissDoes the Miller Act Trump Subcontract Dispute Provisions?Construction Spending Highest Since April 2009ISO Proposes New Designated Premises Endorsement in Response to Hawaii DecisionDrop in Civil Trials May Cause Problems for Construction Defect CasesSpeeding up Infrastructure Projects with the CloudHow A Contractor Saved The Day On A Troubled Florida Condo ProjectU.S. Housing Starts Exceed Estimates After a Stronger DecemberStorm Eunice Damage in U.K. Could Top £300 MillionGRSM Attorneys Recognized in The Best Lawyers in America® 2026Code Changes Pave Way for CLT in Tall Buildings and Spark Flammability DebateWhere Do We Go From Here?Growing Optimism Among Home BuildersAIA Waivers Under Fire: Why Post-Completion Losses May Still Be ActionablePentagon Has Big Budget for Construction in Colorado
