White and Williams LLP Secures $42.4 Million Award for Ventana DBS LLC in Philadelphia Marriott Construction Litigation
July 27, 2026 —
Craig O'Neill, Lindsay Liebman, Kristen Nichols Wright, Zachary Roth & William Taylor - White and WilliamsWhite and Williams LLP's Construction and Surety Practice attorneys secured a significant victory for client Ventana DBS LLC in a complex commercial construction dispute before the Philadelphia Court of Common Pleas, Commerce Division. The trial team, led by Bill Taylor, retired Partner, and Craig O'Neill, Co-Chair of the Construction and Surety Practice Group, with support from Lindsay Liebman, Counsel, Zachary Roth, Partner, Kristen Nichols Wright, Associate, and Sue Ferrante, Legal Secretary, obtained a $42.4 million award on Ventana's claims for unpaid work, delay costs, CASPA penalties and interest, attorneys’ fees and other project-related costs arising from the construction of the Marriott W/Element Hotel Project in Philadelphia.
To achieve this result, the White and Williams team managed an extensive discovery period over the course of four-years of litigation, conducted over sixty depositions, participated in court-ordered mediation and arbitration proceedings, and successfully represented Ventana during a bifurcated trial that spanned over the course of a year.
Reprinted courtesy of
Craig O'Neill, White and Williams,
Lindsay Liebman, White and Williams,
Kristen Nichols Wright, White and Williams,
Zachary Roth, White and Williams and
William Taylor, White and Williams
Mr. O'Neill may be contacted at oneillc@whiteandwilliams.com
Ms. Liebman may be contacted at liebmanl@whiteandwilliams.com
Ms. Wright may be contacted at wrightk@whiteandwilliams.com
Mr. Roth may be contacted at rothz@whiteandwilliams.com
Mr. Taylor may be contacted at taylorw@whiteandwilliams.com
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2026 Top Business Risks for Construction and Engineering Companies
May 26, 2026 —
Darren Tasker - Construction ExecutiveThe 2026 Allianz Risk Barometer revealed some surprising findings for construction and engineering businesses. Now in its fifteenth year, this
annual business risk ranking by corporate insurer
Allianz Commercial incorporates the views of 3,338 global risk management professionals on the main perils on their radar for the year.
Survey respondents included construction and engineering risk experts who identified the threats keeping them up at night. Here is how they ranked the top industry risks for 2026:
Natural Catastrophes
Natural catastrophe risk retains the top spot, with 38% of construction and engineering respondents citing this risk as their leading concern for 2026. From the insurance perspective, economic and insured losses remained high, albeit lower than the 10-year average. The evolving nature of natural catastrophes continues to pose significant challenges to businesses and the (re)insurance industry. Insured losses from natural catastrophes are set to reach $107 billion for 2025, according to Swiss Re—the sixth year in a row they have exceeded $100 billion, while economic losses are well in excess of $200 billion.
Reprinted courtesy of
Darren Tasker, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Snell & Wilmer’s Orange County Office Recognized as One of the “Best Places to Work” by the Orange County Business Journal
August 16, 2026 —
Snell & WilmerORANGE COUNTY – Snell & Wilmer is pleased to announce that its Orange County office has been selected as one of the 2026 “Best Places to Work in Orange County” by the Orange County Business Journal. This recognition honors outstanding employers that foster exceptional workplace cultures and demonstrate a strong commitment to employee engagement, professional development, and organizational excellence.
The annual awards recognize Orange County employers that create positive workplace environments and set the standard for employee satisfaction and organizational success. Honorees are selected through a comprehensive evaluation process that includes confidential employee surveys and an independent assessment of company policies, practices, philosophy, systems, and demographics.
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Snell & Wilmer
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
Presumption of Prejudice Applies to All Affirmative Defenses Regarding Insured’s Failure to Comply with Post-Loss Policy Conditions
June 23, 2026 —
David Adelstein - Florida Construction Legal Updatesn a recent property insurance coverage dispute, an issue on appeal pertained to the “prejudice” jury instruction associated with the insured’s failure to comply with post-loss policy conditions. The trial court found that the prejudice only pertained to prompt notice and not other post-loss policy conditions. This was reversed on appeal as prejudice applied to ALL the post loss policy conditions that the insured failed to comply with, not just the prompt notice requirement. The prejudice presumption applies to all affirmative defenses regarding an insured’s failure to comply with post-loss policy conditions.
Consider this discussion when dealing with an insurer raising prejudice as an affirmative defense to do an insured’s failure to comply with post-loss policy conditions, and the associated burdens of proof:
On appeal, [the insurer] contends the trial court erred by instructing the jury that the presumption of prejudice was inapplicable to all of its post-loss obligation defenses except prompt notice. We agree.
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David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
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
Fourth Circuit Extends Coverage to Contractor
May 14, 2026 —
Hunton Insurance Recovery BlogThe Fourth Circuit in APAC-Atlantic, Inc. v. Owners Insurance Co., No. 24-1969, 2026 WL 458402 (4th Cir. Feb. 18, 2026) recently endorsed broad coverage for additional insureds, interpreting “arising out of” broadly under North Carolina law to extend coverage to a repaving company under its subcontractor’s liability insurance policy. The court held that an additional insured’s liability “arising out of” a named insured’s work in an additional-insured endorsement means liability “relating to” or “causally connected to” the named insured’s operations, rather than liability defined more narrowly as “caused by” or “the fault of” the named insured.
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Hunton Andrews Kurth LLP
Alexander Hopkins Authors Law360 Article on Wisconsin Supreme Court Coverage Decision
October 06, 2026 —
Alexander G. Hopkins - SDV FenchurchAlexander Hopkins recently authored an Expert Analysis for Law360 examining a recent Wisconsin Supreme Court decision addressing coverage for water damage arising from alleged construction defects.
In “Wis. Coverage Ruling Rejects Strict Ensuing Loss Test,” Alex explores the relationship between construction defect exclusions and ensuing loss provisions, and what the decision means for policyholders seeking coverage when an excluded condition contributes to subsequent damage.
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Alexander G. Hopkins, SDV FenchurchMr. Hopkins may be contacted at
alexander.hopkins@sdvfenchurch.us