Preventing Common and Costly Water Intrusion Events in Construction
July 13, 2026 —
Andrew Swift - Construction ExecutiveWater leaking into a building is a leading cause of
damage and loss in the construction industry. On one jobsite, heavy rains flooded a sub-basement, damaging a new electrical transformer—all because a roof drain was not property connected. On another jobsite, a drinking-fountain supply line broke in a multistory building that was undergoing renovation, causing water to run—undetected—for an entire weekend, resulting in water damage to all lower floors, where construction had been finished.
Those loss scenarios could have been prevented with a comprehensive and effective water damage prevention plan (WDPP). This includes routine site inspections to identify uncontrolled water damage exposures and basic maintenance to make sure drains are clean of debris and divert them to a catch basin or low point away from the building. An effective WDPP plan also incorporates technology such as backflow preventers on sewer connections and water sensing technology to monitor the most vulnerable exposures.
Reprinted courtesy of
Andrew Swift, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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HHMR and Every One of its Partners Recognized by Legal 500 in Denver Elite – Real Estate
April 20, 2026 —
David McLain - Colorado Construction Litigation BlogHiggins, Hopkins, McLain & Roswell, LLC is pleased to announce its recognition as a Tier 1 firm in the Denver Elite rankings for Real Estate, a category that includes construction law and construction litigation, by The Legal 500. In addition, each of the firm’s partners has been individually recognized in the same rankings.
The firm’s individual recognitions include:
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David McLain, Higgins, Hopkins, McLain & Roswell, LLCMr. McLain may be contacted at
mclain@hhmrlaw.com
High-Rise Design and Construction: Then, Now, and Next
March 16, 2026 —
Aarni Heiskanen - AEC BusinessThe Empire State Building was built in 14 months. Since 2010, the average completion time for a 200-meter-plus building has increased from
4.3 to 5.8 years. Buildings have become more complex, and there's more regulation than in the 1930s. Still, there are ways to make high-rise construction more efficient.
An Unlikely Benchmark From 1930
When construction began on the Empire State Building on March 17, 1930, the world was in the midst of the Great Depression. That turned out to be an advantage. Contractors Starrett Brothers & Eken had access to a vast, motivated workforce, peaking at 3,439 workers on a single day in August 1930.
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
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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GRSM Team Obtains Defense Verdict for Homeowners’ Association in Orange County Superior Court
July 20, 2026 —
Gordon Rees Scully MansukhaniA Gordon Rees Scully Mansukhani multi-state team, including Partners Christine Barker, Sean Ferron, and Keith Cramer, obtained a defense verdict on behalf of a homeowners’ association (HOA) in an Orange County Superior Court bench trial spanning two months.
The case began in 2022 when a homeowner sued after the Architectural Review Committee and HOA Board of Directors declined his teardown-and-rebuild plans due to view and aesthetic concerns. After a motion for summary judgment ruling in which the court found that the existing covenants, conditions, and restrictions (CC&Rs) did not protect views, the HOA held a special election to add explicit view protections to the CC&Rs. At the February 2025 trial call, the plaintiff sought leave to file a third amended complaint challenging the validity of that vote, drastically reframing the case from CC&R enforcement to one of election validity. A second plaintiff then filed a parallel action toward the end of the limitations period, and the two cases were consolidated.
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Gordon Rees Scully Mansukhani
Louisiana Legislature Enacts Act 932 – Significant Changes to Insurer Bad-Faith Exposure for Failure to Settle
July 13, 2026 —
Tabitha R. Durbin & Jennifer E. Michel - Lewis BrisboisThe Louisiana Legislature has enacted Act 932 (formerly House Bill 1162), which became law this week without the Governor's signature pursuant to the Louisiana Constitution, after expiration of the applicable constitutional review period. Act 932 makes several important amendments to Louisiana's insurer bad-faith statute and appears intended, at least in part, to address issues arising from the Louisiana Supreme Court's decision in Kelly v. State Farm Fire & Casualty Co., 169 So.3d 328 (La. 2015). The Act also makes changes regarding claim payments involving licensed contractors. The Act takes effect on August 1, 2026.
Key Takeaways
Act 932:
- Limits certain bad-faith causes of action (bad faith failure to settle) involving personal injury and bodily injury claims where good-faith disputes exist or where an insurer has not been afforded sufficient opportunity to respond to a settlement demand.
- Requires insurers and adjusters to verify a contractor's Louisiana license status before issuing claim payments when a contractor is named as a payee on a check for repair or restoration of immovable property.
- Creates a statutory safe harbor protecting insurers from bad-faith penalties and attorney fees when payment delays result from an inability to verify a contractor's license, provided specified documentation and notice requirements are met.
Reprinted courtesy of
Tabitha R. Durbin, Lewis Brisbois and
Jennifer E. Michel, Lewis Brisbois
Ms. Durbin may be contacted at Tabitha.Durbin@lewisbrisbois.com
Ms. Michel may be contacted at Jenny.Michel@lewisbrisbois.com
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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
Insufficient Notice of Commencement and Construction Lien Rights
August 03, 2026 —
David Adelstein - Florida Construction Legal UpdatesWhen a party is preserving their construction lien rights, the party will look to the recorded Notice of Commencement. This is the recorded document that provides the lienor with the information for purposes of preserving construction lien rights. A Notice to Owner company will typically rely on the Notice of Commencement to serve Notices to Owners from lower tiers not in contract with the owner. However, when it comes to preparing the lien, a lienor should look beyond just the Notice of Commencement and also look to the property appraiser’s website as a backstop.
In a recent case, a window company had the homeowner sign the Notice of Commencement and then filled in the information. The company naturally did this for the convenience of the homeowner that probably was unfamiliar with the Notice of Commencement process. Regardless, information in the Notice of Commencement was inaccurate. It failed to include all the real property owners. Thus, when a payment dispute arose and a construction lien was prepared, it did not identify all of the real property owners. All of the real property owners were added later during the pendency of a lien foreclosure lawsuit. The trial court denied the lien because of the defective / insufficient Notice of Commencement — the lienor assumed the risk of error by filling out the information in the Notice of Commencement. The trial court further denied the lien holding that because the work did not commence within 90 days of the Notice of Commencement, the Notice of Commencement is void.
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David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com