California Contractors Get a Much-Needed Break: SB 342 Softens the Harsh Consequences of Contractor License Lapses
October 20, 2026 —
Heather Frisch - The Construction SeytImagine completing a multimillion-dollar project, performing quality work, paying your subcontractors, and satisfying the owner, only to discover that a temporary contractor license lapse could prevent you from recovering payment for that work or pursuing claims for extra work. For decades, that was the reality under California Business and Professions Code section 7031.
A contractor that allowed its license to lapse, even briefly, could face catastrophic consequences completely disconnected from the quality of its work. In some cases, a contractor that performed otherwise flawless work could be barred from recovering payment and even be ordered to disgorge compensation already received – even if the owner knew the contractor had a lapse in its licensing and allowed it to continue construction.
That reality is about to change.
Read the full story...Reprinted courtesy of
Heather Frisch, SeyfarthMs. Frisch may be contacted at
hfrisch@seyfarth.com
Same Insurers, Different Results: Another Chapter in Acuity v. Kinsale and the Limits of Co-Carrier Recovery Under Colorado Law
October 27, 2026 —
David McLain - Colorado Construction Litigation BlogWhen multiple insurers potentially owe coverage for the same construction defect claim, can one insurer force another to participate in the defense or indemnification of their common insured? If the other insurer refuses, what remedies are available?
As is often the case in insurance coverage litigation, the answer depends on precisely what claim is being asserted, whose rights are being enforced, and when the claim is brought.
In our earlier article,
Acuity v. Kinsale Insurance Company: Co-Carrier Obligations and Subrogation under Colorado Law, we examined the United States District Court for the District of Colorado’s decision in Acuity v. Kinsale Insurance Company, 750 F. Supp. 3d 1229 (D. Colo. 2024). That decision addressed the circumstances under which an insurer that funded a construction defect settlement could pursue another insurer for equitable contribution, contractual subrogation, and alleged bad-faith conduct.
Read the full story...Reprinted courtesy of
David McLain, Higgins, Hopkins, McLain & Roswell, LLCMr. McLain may be contacted at
mclain@hhmrlaw.com
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
Building in Arizona’s Data Center Boom: How Federal Executive Orders, State Regulation, and National-Security Policy Are Reshaping the Rules for Developers
June 02, 2026 —
Ryan J. Regula - Snell & WilmerDevelopers and practitioners evaluating data center projects in Arizona face a regulatory environment shifting on three fronts simultaneously. Federal executive orders are opening new land, streamlining permitting, and channeling financial incentives toward qualifying projects — but they are not preempting the state and local rules that most directly affect project economics. A carve-out in the December 2025 Artificial Intelligence (AI) Framework Executive Order preserves Arizona’s authority over data center infrastructure, meaning the Arizona Corporation Commission’s (ACC) rate-classification docket, municipal zoning restrictions, water-use ordinances, and pending grid cost-allocation legislation remain the binding constraints on project feasibility. Understanding where federal tailwinds end and state and local headwinds begin is essential for any developer sizing risk or selecting sites in the state.
The Federal Landscape: An Interlocking Framework of Executive Orders
Five interlocking executive orders are accelerating data center development nationally, but none overrides Arizona’s authority over siting energy, or infrastructure.
Read the full story...Reprinted courtesy of
Ryan J. Regula, Snell & WilmerMr. Regula may be contacted at
rregula@swlaw.com
Sometimes a General Damages Assessment is Enough. . .
July 06, 2026 —
Christopher G. Hill - Construction Law MusingsIt has been a while since I last posted here at
Construction Law Musings. Life, law practice, and “blogger’s block” have taken their toll on the posting schedule. Hopefully this will be one of several upcoming posts now that the litigation schedule has lightened a bit over the summer.
Today’s post is about damages. Specifically damage to a homeowner’s roof and her legal damages therefor. That last is of course a sentence that only a
construction attorney (or other litigator) could possibly craft and have it make sense. Now, on with the case. . .In
Hardesty Construction, Inc. v. Weedon, the facts are as follows:
Ms. Weedon had hail damage to the roof of her home. She hired Hardesty Construction to repair and replace the roof. After the first roof was installed and failed inspection, a second roof was installed. The issue was that the first roof had a warranty and the second roof, installed similarly to the first (and allegedly with the same construction issues according to Ms. Weedon’s expert), was not provided with the promised warranty. As one may expect, Weedon sued Hardesty and Hardesty Construction for fraudulent inducement and breach of contract. At trial, Weedon testified, without objection, that her home was worth $40,000 less because of Hardesty Construction’s work, which was based partially on quotes Weedon received to fix the roof. The Circuit Court granted Hardesty Construction’s motion to strike Weedon’s fraudulent inducement claim, but not her other claims. A jury awarded Weedon $30,253.30 on her breach of contract claim. Hardesty Construction appealed, arguing the Circuit Court erred in (a) allowing the jury to consider Weedon’s valuation testimony because it was not based on her personal knowledge and (b) denying its motion to strike based on insufficient evidence as to damages. Weedon assigned cross-error in the Circuit Court’s decision to grant the motion to strike her fraudulent inducement claim against Samual Hardesty.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Safeguarding Your Privileged Construction Information With a Clawback Agreement
June 08, 2026 —
Laura Fraher - Construction ExecutiveFor contractors and construction executives, a
dispute that escalates to litigation brings risks that go well beyond the jobsite. When a dispute escalates to litigation, the attorney-client privilege is a critical protection to safeguard your interests. Disclosing privileged material can undermine your litigation position and, in some cases, negatively impact your business. In the construction context, this often includes sensitive communications about project delays, defect investigations, safety incidents or payment disputes—materials that can significantly impact both liability and reputation.
During litigation, the discovery process requires the exchange of documents and data with your adversary. If privileged materials are disclosed to your adversary during discovery you risk the waiver of your privilege, which in plain terms means you lose the protection of the privilege and make the privileged information, and in some cases all other information related to the same subject matter, available to your adversary. It is critical that your attorney take steps to protect against the unintentional disclosure of privileged materials during discovery to avoid a waiver.
Reprinted courtesy of
Laura Fraher, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...Ms. Fraher may be contacted at
lfraher@barclaydamon.com
Lewis Brisbois Welcomes Clients and Community Leaders to New Garden City Office Opening
July 27, 2026 —
Lewis BrisboisOn July 15, Lewis Brisbois hosted a ribbon-cutting event for its new Garden City office, which opened in April to serve the Long Island community and beyond.
The event was attended by more than 100 people, including Lewis Brisbois attorneys and staff as well as clients, local business and government leaders, Nassau County Supreme Court judges, and members of the press. Nassau County Executive Bruce Blakeman delivered remarks and cut the ribbon for the office.
Read the full story...Reprinted courtesy of
Lewis Brisbois
When Projects Go Off Schedule: Navigating Construction Delays and Disputes
October 20, 2026 —
Shay Kulkarni - Peckar & Abramson, P.C.Shay Kulkarni, Partner in P&A’s San Diego office, was recently featured on Racho Mesa Insurance Services’
StudioOne™ Safety and Risk Management Podcast Network, in an episode titled, “When Projects Go Off Schedule: Navigating Construction Delays a
Manhattan Developer Breaks Ground on $520 Million ProjectCouple Sues Attorney over Construction Defect Case, LosesNY Project Produces America's First Utility Scale Wind PowerUndocumented Debris at Mississippi Port Sparks Legal BattleStaten Island Villa Was Home to Nabisco 'Nilla' Wafer InventorArizona Supreme Court Leaves Limits on Construction Defects UnclearMotion to
Examination of the Product Does Not Stop a Pennsylvania Court From Applying the Malfunction Theory
California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law Provisions in Policies
Candis Jones Named to Atlanta Magazine’s 2024 “Atlanta 500” List
Flood Sublimits Do Not Apply to Loss Caused by Named Windstorm
California Supreme Court Confirms the Right to Repair Act as the Exclusive Remedy for Seeking Relief for Defects in New Residential Construction
Primer Debuts on Life-Cycle Assessments of Embodied Carbon in Buildings
Rio Olympics Work Was a Mess and Then Something Curious Happened
What the FIU Bridge Collapse Says About Peer Review
Claim Against Broker Survives Motion to Dismiss
Hunton’s Jae Lynn Huckaba Selected to Miami-Dade Bar’s 2026 Circle of Excellence for Insurance Law
Real Estate & Construction News Roundup (06/06/23) – Housing Woes, EV Plants and the Debate over Public Financing
Business Solutions Alert: Homeowners' Complaint for Breach of Loan Modification Agreement Can Proceed Past Pleading Stage
Navigating the New Landscape: How AB 12 and SB 567 Impact Landlords and Tenants in California
Texas Court Construes Breach of Contract Exclusion Narrowly in Duty-to-Defend Case
Two Texas Cities Top San Francisco for Property Investors
Unions Win Prevailing Wage Challenge Brought By Charter Cities: Next Stop The Supreme Court?
Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?
Return-to-Workplace Checklist: Considerations and Emerging Best Practices for Employers
Insurance Policy to Protect Hawaii's Coral Reefs
Deck Built, Towers Stalled: $1B Fenway Center Air-Rights Project Hits Turbulence
New Jersey Supreme Court Hears Arguments on Coverage Gap Dispute
A Look Back at the Ollies
Two Firm Members Among the “Best Lawyers in America”
Chicago Debt Document Says $8.5B O'Hare Revamp May Be Delayed
The OFCCP’s November 2019 Updated Technical Assistance Guide: What Every Federal Construction Contractor Should Know
Renovate or Demolish Milwaukee’s Historic City Hall?
White and Williams Announces Partner and Counsel Promotions
Considerations in Obtaining a Mechanic’s Lien in Maryland (Don’t try this at home)
Leftover Equipment and Materials When a Contractor Is Abruptly Terminated
Charles Eppolito Appointed Vice-Chair of the PBA Judicial Evaluation Commission and Receives Prestigious “President’s Award”
A Win for Clarity: What a Recent Federal Court Decision Means for Davis-Bacon Compliance
Achieving Sustainability Through Design-Build Delivery: Part I – An Overview
Trumark Homes Hired James Furey as VP of Land Acquisition
Developer Sues TVA After It Halts Nuke Site Sale
Construction Mezzanine Financing
Payne & Fears LLP Recognized by Best Lawyers in 2024 “Best Law Firms” Rankings
Best Practices: Commercial Lockouts in Arizona
Lawmakers Vote to Reauthorize Programs to Support Water Quality, Coastal Protection
Wilke Fleury Celebrates the Addition of Two New Partners
Chambers USA Recognizes Hunton’s Insurance Coverage Practice in 2025 Guide
Project-Specific Commercial General Liability Insurance
Bad News for Buyers: U.S. Mortgage Rates Hit Highest Since 2014
Kahana Feld Partner Dominic Donato Receives a Pre-Answer Motion to Dismiss
Preservationists Want to Save Penn Station. Yes, That Penn Station.
Eleventh Circuit Reverses Attorneys’ Fee Award to Performance Bond Sureties in Dispute with Contractor arising from Claim against Subcontractor Performance Bond
Eighth Circuit Rejects Retroactive Application of Construction Defect Legislation
Colorado’s New Construction Defect Law Takes Effect in September: What You Need to Know
Court Finds That SIR Requirements are Not Incorporated into High Level Excess Policies and That Excess Insurers’ Payment of Defense Costs is Not Conditioned on Actual Liability
Trump Soho May Abandon Condos to Operate Mainly as Hotel
How Machine Learning Can Help with Urban Development
