Federal Court Pauses New Mexico PFAS Labeling Rule, but Not Its Bans or Reporting Deadline
October 26, 2026 —
Ashleigh K. Myers, Jillian Marullo & Claudia Vetesi - Gravel2Gavel Construction & Real Estate Law BlogAs we
previously reported, New Mexico adopted novel product labeling requirements that would require manufacturers to display a PFAS flask symbol on covered products. Those requirements are now on hold. A coalition of industry associations led by the American Chemistry Council sued in federal court, arguing that the mandate unconstitutionally compels speech in violation of the First Amendment. On September 16, 2026, the U.S. District Court for the District of New Mexico
preliminarily enjoined enforcement of the labeling rule while the case, American Chemistry Council v. Kenney, No. 1:26-cv-02130-MIS-SCY, proceeds. The court found the challengers likely to succeed because New Mexico had not shown a reasonable fit between the label and its interests in protecting consumer health and the environment.
A Broad Rule Built Around One Symbol
New Mexico enacted its
PFAS Protection Act in April 2025, joining Maine and Minnesota as the third state to adopt broad reporting requirements and eventual sales restrictions for products containing intentionally added per- and polyfluoroalkyl substances (PFAS). The Act also authorized the Environmental Improvement Board to require PFAS labels on products. The Board’s
implementing rule, which became effective July 1, 2026, specified the exact format of the label and how it had to appear.
Reprinted courtesy of
Ashleigh K. Myers, Pillsbury,
Jillian Marullo, Pillsbury and
Claudia Vetesi, Pillsbury
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
Ms. Vetesi may be contacted at claudia.vetesi@pillsburylaw.com
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LA Scores Major Victory in a High-Exposure Premises Liability Action
July 06, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPOur firm is proud to announce a decisive defense victory obtained by Partner
Daniel Crespo and Associate
Lauren Landau for our client in a high-exposure premises liability action arising from a 2022 incident at an active school construction site in Perris, California. On March 10, 2026, the Riverside County Superior Court granted Summary Judgment in full for our client, dismissing all claims brought by Plaintiff, who alleged she tripped and fell over a curb while picking up her daughter from school and sustained ankle and wrist injuries as a result.
Through meticulous preparation and the strategic use of construction plans, contractual documents, and onsite surveillance video evidence, our team demonstrated that our client had no ownership, possession, or control over the portion of the existing sidewalk where the incident occurred, with construction plans unambiguously designating the area as pre-existing concrete outside our client’s scope of work, and the Construction Services Agreement expressly reserving control over all existing site improvements to the school district.
Read the full story...Reprinted courtesy of
Bremer Whyte Brown & O'Meara LLP
Mark Cronenwett Obtains Appellate Ruling Vacating Default Judgment Against Mortgage Lender Client
October 12, 2026 —
Lewis BrisboisDallas Partner Mark Cronenwett recently secured a decision from the Dallas Court of Appeals that vacated a default judgment against his mortgage lender client, on the grounds that the client was never properly served with the complaint.
In prior litigation, a real property investor purchased a Texas residential property for pennies on the dollar at an HOA foreclosure sale. That investor then filed a frivolous lawsuit against Lewis Brisbois' mortgage-lender client to invalidate its lien, contending that mortgage lender had abandoned the debt because it failed to respond to the investor’s alleged requests for information about the amounts owed on the loan.
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Lewis Brisbois
Kahana Feld Announces Key Partner Additions Coast to Coast
June 22, 2026 —
Kahana FeldIRVINE, CA – June 10, 2026 – Kahana Feld is pleased to announce
Yvette Davis,
Evan Kalooky,
Beth Obra-White,
Sean Paden,
Michael Parme,
Jeffrey Schmid, and
Julieanne Yanez have joined the firm as partners. Four of these partners are joining the San Diego office, which further strengthens the firm’s General Liability and Construction Litigation practices and enhances Kahana Feld’s ability to serve clients across a broad range of complex matters in the region.
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Kahana Feld
Connecticut Expands Construction Wage-Theft Liability and Prevailing Wage Recordkeeping Requirements
June 29, 2026 —
Anand Gupta & Guest Contributor - Construction Law ZoneThis post was co-authored by Labor + Employment group lawyer Christopher Costain, Hayden Eckblom (Summer Intern), and Pasqualina Fox-Mina (Summer Associate). Hayden and Pasqualina are not admitted to practice law.
On May 11, 2026, Connecticut Governor Ned Lamont signed into law Public Act 26-12, a wide-ranging bill centered around employee rights. Our colleagues in Robinson+Cole’s Labor, Employment, Benefits + Immigration group recently published a
legal update summarizing the key components of Public Act 26-12. Here, we focus on the Wage Theft and Prevailing Wage concepts in the bill that directly relate to the construction industry.
Wage Theft
With exceptions for public works and small residential projects, general contractors will be jointly and severally liable for any unpaid wages owed to an employee of a subcontractor of any tier on private construction projects, beginning with contracts entered into on or after January 1, 2027. As we know, there is a separate regime for public works projects involving payment bonds.
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Anand Gupta, Robinson & Cole LLPMr. Gupta may be contacted at
agupta@rc.com
Integration Can Inoculate in Utah
July 20, 2026 —
Mark O. Morris - Snell & WilmerThe Utah Court of Appeals recently reaffirmed, in the construction context, Utah’s strict approach to enforcing integration clauses to preclude parol evidence and other legal theories that would vary the written terms of a contract. In Reid v. All Surface LC, 2025 UT App 134, decided last September, the court affirmed in all respects the trial court’s grant of summary judgment based on the strength of an integration clause against a homeowner who sued a contractor for breach of contract, breach of the covenant of good faith and fair dealing, fraud, negligent misrepresentation, civil conspiracy, negligence, and breach of the implied warranty of habitability. More recently, however, the same court rejected those same arguments in Tidwell v. Jensen, 2026 UT App 13 as to tort claims arising from a used car sale.
The facts in Reid were sympathetic to the plaintiff. After being told she had a mold issue near a defective basement shower, the plaintiff solicited bids. A remediation contractor advised that while it could address the mold, the shower replacement should be handled by someone else. The plaintiff contacted All Surface LC, a shower replacement contractor. During an interview, the sales representative stated that All Surface could “do full mold remediation, tear everything out, and reframe the shower.” The plaintiff ultimately retained All Surface, expecting it would both resolve the mold issues and replace the shower.
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Mark O. Morris, Snell & WilmerMr. Morris may be contacted at
mmorris@swlaw.com
Snell & Wilmer Recognized With Top Honor in Ranking Arizona: Top Law Firms for 2026
June 22, 2026 —
Snell & WilmerPHOENIX – Snell & Wilmer is pleased to announce that the firm has been voted as the top law firm in Arizona for the 17th consecutive year in the 2026 edition of AZ Big Media’s
Ranking Arizona: The Best of Arizona Business. The firm was again recognized in the category of “Top 10 large law firms in Arizona” which looked at firms with 39 attorneys or more.
“We are honored to receive this award recognizing our team’s ongoing commitment to excellence in service of our clients, our community, and each other,” said Firm Chair Barbara J. Dawson. “We are proud to play a meaningful role in supporting the strength and growth of Arizona’s vibrant business environment amid a rapidly changing global economy.”
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Snell & Wilmer
Steel Cooling: Steel Costs Steadily Decline After Pandemic Price Shock
May 12, 2026 —
Construction ExecutiveSteel prices have continued trending downward after several years of volatility, according to Gordian’s latest analysis based on RSMeans Data. After dramatic spikes during the pandemic-era supply disruptions, the market has gradually stabilized as supply chains improve and demand softens in some construction segments. However, selective volatility and tariff uncertainty continue to influence pricing across the sector.
Key findings from the report include:
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UPDATED: No Easy Fix for Potomac River Sewage Spill, Now Estimated at $20M
Don’t Forget to Mediate the Small Stuff
Another Municipality Takes Action to Address the Lack of Condominiums Being Built in its Jurisdiction
Performance Bonds: Follow the Letter of the Bond and Keep The Surety Informed
Independent Contractor v. Employee. The “ABC Test” Does Not Include a Threshold Hiring Entity Test
Cumulative Impact Claims and Definition by Certain Boards
Replacement of Gym Floor Due to Sloppy Paint Job is Not Resulting Loss
The Indemnification Limitation in Section 725.06 does not apply to Utility Horizontal-Type Projects
Quick Note: Third-Party Can Bring Common Law Bad Faith Claim
The Future of Pandemic Coverage for Real Estate Owners and Developers
Fine Art Losses – “Canvas” the Subrogation Landscape
Hybrid Contracts for The Sale of Goods and Services and the Predominant Factor Test
Sometimes you Need to Consider the Coblentz Agreement
10 Haight Lawyers Recognized in Best Lawyers in America© 2022 and The Best Lawyers: Ones to Watch 2022
Montana Supreme Court: Insurer Not Bound by Insured's Settlement
South Africa Wants Payment From Colluding World Cup Builders
Loss of Use From Allegedly Improper Drainage System Triggers Defense Under CGL Policy
Sochi Construction Unlikely to be Completed by End of Olympic Games
Lump Sum Subcontract? Perhaps Not.
Insured’s Bad Faith Insurance Claim Evaporates Before its Eyes
White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2021
Construction Litigation Roundup: “You May Want an Intervention …”
After Fatal House Explosion, Colorado Seeks New Pipeline Regulations
Filing Lien Foreclosure Lawsuit After Serving Contractor’s Final Payment Affidavit
Newport Beach Attorneys John Toohey and Nick Rodriguez Receive Full Defense Verdict
Legal Matters Escalate in Aspen Condo Case
Retainage: What Contractors Need to Know and Helpful Strategies
New Jersey Court Washes Away Insurer’s Waiver of Subrogation Arguments
Another Law Will Increase Construction Costs in New York
Insurer's Denial of Coverage to Additional Insured Constitutes Bad Faith
The New Jersey Theme Park Where Kids’ Backhoe Dreams Come True
New Law, Old Risks: Why Colorado’s H.B. 25-1272 May Backfire on Builders
Separation of Insureds Provision in CGL Policies
Senate’s Fannie Mae Wind-Down Plan Faces High Hurdles
Rhode Island Examines a Property Owner’s Intended Beneficiary Status and the Economic Loss Doctrine in the Context of a Construction Contract
California Enacts Change Order Fair Payment Act
Guarantor’s Liability on Partially Secured Debts – The Impacts of Pay Down Provisions in Serpanok Construction Inc. v. Point Ruston, LLC et al.
Housing Inflation Begins to Rise
Construction Employment Rises in Half of the States
California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien
Double-Wide World Cup Seats Available to 6-Foot, 221-Pound Fans
Insurer's Summary Judgment Motion on Business Risk Exclusions Fails
Subcontractor's Faulty Workmanship Is Not an "Occurrence"
The Enforceability of “Pay-If-Paid” Provisions Affirmed in New Jersey
Subcontractors Aren’t Helpless
Hurricane Laura: Implications for Insurers in Louisiana
Denver Council Committee Approves Construction Defects Ordinance
Zoning Hearing Notice Addressed by Georgia Appeals Court
