Circuit Court Supports Attorney-Client Privilege and Work Product Protections in Connection with Internal Investigations
November 21, 2025 —
Jason Spitalnick, Taryn J. Gallup & Kourtney George - Snell & WilmerOn October 3, 2025, the U.S. Court of Appeals for the Sixth Circuit reaffirmed that the attorney-client privilege and work-product protections cover documents and communications concerning corporate internal investigations - even when companies later use those documents or related findings to make business decisions.
1 In doing so, the court vacated a district court order that would have required FirstEnergy Corporation to produce, in civil litigation, privileged and work-product-protected documents related to two internal investigations.
FirstEnergy, a public utility company headquartered in Ohio, became embroiled in a high-profile public-corruption scheme involving substantial alleged payments to state officials in exchange for favorable legislative efforts. In response, FirstEnergy and an independent committee of its board retained separate outside counsel to conduct internal investigations. FirstEnergy then faced civil litigation related to the same underlying facts.
Reprinted courtesy of
Jason Spitalnick, Snell & Wilmer,
Taryn J. Gallup, Snell & Wilmer and
Kourtney George, Snell & Wilmer
Mr. Spitalnick may be contacted at jspitalnick@swlaw.com
Ms. Gallup may be contacted at tgallup@swlaw.com
Ms. George may be contacted at kegeorge@swlaw.com
Read the full story...
Compass, Zillow Take Feud Over Home Listings Into NYC Court
December 15, 2025 —
Chris Dolmetsch & Paulina Cachero - BloombergTwo heavyweights in the US residential real estate market, Compass Inc. and Zillow Inc., are facing off in a New York courtroom in a legal battle that could reshape the future of how homes are marketed and sold in the country.
Compass, the largest residential brokerage, sued Zillow in June claiming the real estate site acts anticompetitively by banning listings that were publicly marketed elsewhere first. A four-day hearing began Tuesday before a federal judge who will decide whether to temporarily block Zillow’s policy while the lawsuit proceeds.
The dispute is the latest in a long-running fight over who controls the most valuable asset in real estate: information. Compass has built a private listings network allowing sellers to quietly market homes with its own agents before posting on public multiple listing services (MLS). It argues the strategy lets sellers test demand and pricing without leaving a record on the MLS that could hurt future sales.
Reprinted courtesy of
Chris Dolmetsch, Bloomberg and
Paulina Cachero, Bloomberg Read the full story...
Georgia HB 676: A Bill Property Owners and Contractors Should Watch
March 24, 2026 —
Robert Lafayette - The Construction SeytProperty owners, contractors, and others dealing with mechanics and materialmen’s liens in Georgia should keep an eye on
HB 676, which is currently making its way through the Georgia General Assembly. The bill aims to curb misuse of the lien process and provide additional remedies to those challenging a frivolous lien filing.
What HB 676 Would Do
HB 676 would add a new Code section (O.C.G.A. § 44-14-366.6) to the mechanics and materialmen’s lien statutes. If a lien is filed “without substantial justification or that is not made in good faith or that is made with malice or a wrongful purpose,” this new Code section would impose a fine of $1,500 per lien on the lien claimant, in addition to any attorney’s fees or court costs incurred by the party challenging the lien.
Read the full story...Reprinted courtesy of
Robert Lafayette, Seyfarth Shaw LLPMr. Lafayette may be contacted at
rlafayette@seyfarth.com
Why the Total Recordable Incident Rate Doesn’t Tell the Whole Safety Story
November 09, 2025 —
David Tibbetts - Construction ExecutiveTRIR - total recordable incident rate - has long served as the standard metric for tracking workplace injuries. However, events with the potential to result in a serious injury and fatality - or SIF-potential - demand more attention than standard metrics provide. While TRIR has long been used as a benchmark for safety performance, it doesn’t reflect the presence of high-risk exposures that could lead to life-altering or fatal outcomes. TRIR remains a key safety metric, but recognizing and responding to SIF-potential events is essential for organizations committed to true safety excellence.
A Tale of Two Projects
For example, look at how an overreliance on TRIR can impact two separate jobsites. Both projects have worked 150,000 hours with a significant amount of high-risk activities including site work, steel erection, precast concrete and curtain wall installation.
Reprinted courtesy of
David Tibbetts, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...
If You Get ‘Reported to the Board’ for Your Professional License (Law Note)
January 21, 2026 —
Melissa Dewey Brumback - Construction Law in North CarolinaThe NC
Board of Architecture and the NC
Board of Examiners for Engineers and Surveyors (as well as other Boards, including the NC
Licensing Board for General Contractors) have grievance procedures in which anyone – client or not—can file a grievance against you. That’s the bad news. The good news is that the Boards have seen it all before, and if the grievance is someone unhappy about a bill, or using the process to harass you for unfounded reasons, they will recognize those complaints for what they are.
HOWEVER, this does not mean that you should treat any grievance, no matter how unfounded, lightly. The first thing you need to do is contact your insurance broker/agent and report the matter. Often times, your insurance carrier will hire an attorney (someone like me) to defend you free of charge (at least up to a certain dollar amount). This is part of your insurance coverage, and you should take full advantage of it.
Read the full story...Reprinted courtesy of
Melissa Dewey Brumback, Ragsdale Liggett PLLCMs. Brumback may be contacted at
mbrumback@rl-law.com
PSA: Be Sure to Document (Even When Time is Short)
April 14, 2026 —
Christopher G. Hill - Construction Law MusingsWritten
change orders are a big deal. Almost all construction contracts (at least
the well drafted ones) require written contracts. Written change orders are even important enough that Virginia law
requires these provisions in residential construction contracts.
Why are they so important? Because they are a “mini-contract” of sorts. They
set the expectations, price, time, and work to be performed; work that was not included in the original price or scope for the project. Without this in writing, there will be no record of what the parties agreed to do. Does this sound familiar? Sound like its own contract? It should.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Florida’s Proposed HB 255: A Quiet Shift That Could Reshape Condo Defect Liability
January 21, 2026 —
Matt Maranges - ConsensusDocsIn Florida, developers and contractors work under strict clocks. Section 95.11(3)(b), Florida Statutes, sets two firm deadlines for construction claims: a four-year statute of limitations and a seven-year statute of repose. Those timelines govern when an owner or condominium association may pursue claims for alleged defects. Once the repose period ends, the claim is barred regardless of when the problem surfaced.
Condominium law complicates that scheme. Section 718.124 delays the start of the limitation and repose periods on association claims until control of the board shifts from the developer to the unit owners. The logic is simple: a developer-controlled board cannot be expected to sue the developer. The practical effect is more sweeping. If turnover occurs late in the life of a project, the repose period may remain tolled for years, extending exposure far beyond the seven years that apply everywhere else.
Read the full story...Reprinted courtesy of
Matt Maranges, Jones WalkerMr. Maranges may be contacted at
mmaranges@joneswalker.com
AIA Waivers Under Fire: Why Post-Completion Losses May Still Be Actionable
January 26, 2026 —
Lian Skaf - The Subrogation StrategistOn its face, the power of a waiver of subrogation clause in a construction contract is profound. It bars otherwise actionable – and sometimes egregious – losses resulting from contractor carelessness before they can ever get started. One question courts have long battled with is the limits to the lasting effects of such a waiver. Whether the waiver power can be transferred amongst parties, applied to third parties or used with policies taken out after construction completion are among the few grey areas that have kept subrogation practitioners and the courts busy. Recently, a federal court in Idaho clarified its position on the power to waive subrogation.
In Seneca Ins. Co. v. McAlvain Constr., Inc., No. 1:24-cv-00340-BLW, 2025 U.S. Dist. LEXIS 251777 (D. Idaho), the United States District Court for the District of Idaho (District Court) addressed whether a subrogation waiver in an AIA construction contract, signed between an owner and the general contractor, applied to the subsequent owner of a building. In doing so, the court looked at the limiting language of the waiver as well as the contractual posture of the subsequent owner. Ultimately, the court found the waiver inapplicable, denying the motion for summary judgment of Defendant, Cross-Plaintiff McAlvain Construction, Inc. (McAlvain).
Read the full story...Reprinted courtesy of
Wyncrest Commons: Commonly Used Progress Payments in Construction Contracts Do Not Render Them Installment ContractsCongratulations to Haight Attorneys Selected to the 2025 Southern California Super Lawyers and Rising Stars ListsDuuers: Better Proposals with Less WorkEEOC Suit Alleges Site Managers Bullied Black Workers on NY ProjectCalifornia Court of Appeal Finds Alleged Inadequate Defense by Insurer-Appointed Defense Counsel Does Not Trigger a Right to Independent CounselFlorida Project Could Help Address Runoff, Algae BloomsSuppliers Must Also Heed “Right to Repair” ClaimsAGC Seeks To Lead Industry in Push for Infrastructure BillSinking S.F. Tower Prompts More LawsuitsIn Colorado, Repair Vendors Can Bring First-Party Bad Faith Actions For Amounts Owed From an InsurerEPA Grants Arizona Lead Over Underground Injection Control ProgramSecond Circuit Court Differentiates the Standard for Determining Evident Partiality for a Neutral Arbitrator and a Party-Appointed ArbitratorCold Stress Safety and ProtectionInsurer Granted Summary Judgment on Denial of Construction Defect ClaimCongratulations to Arezoo Jamshidi & Michael Parme Selected to the 2022 San Diego Super Lawyers Rising Stars ListAFL-CIO Joins in $10 Billion Infrastructure PlanThree Payne & Fears Attorneys Named 2024 Southern California Super Lawyers Rising StarsSafer Schools Rendered Unsafe Due to Construction DefectsBenford’s Law: A Seldom Used Weapon in Forensic AccountingA Teaming Agreement is Still a Contract (or, Be Careful with Agreements to Agree)Proposed California Legislation Would Eliminate Certain Obstacles to Coverage for Covid-19 Business Income LossesThe Double-Breasted DilemmaNevada’s Changing Liability Insurance Landscape—State Insurance Regulator Issues Emergency Regulation and Guidance Addressing Controversial “Defense-Within-Limits” LegislationOne Way Arbitration Provisions are Enforceable in VirginiaArchitect Norman Foster Tells COP26: Change 'Traditional' City Design to Combat Climate ChangeAmerica’s Infrastructure Gets a C-. It’s an Improvement ThoughCurtain Wall Suppliers Claim Rival Duplicated Unique SystemNo Duty to Defend Under Pollution PolicyStaten Island Villa Was Home to Nabisco 'Nilla' Wafer InventorAnother Municipality Takes Action to Address the Lack of Condominiums Being Built in its JurisdictionThe Prompt Payment RollercoasterThere is No Presumptive Resumption!CGL Policy May Not Cover Cybersecurity and Data-Related LossesReminder: Know Your Contractor Licensing RulesCalifornia Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide AnalysisSupply Chain Delay RecommendationsIdaho Supreme Court Address Water Exclusion in Commercial Property ExclusionHong Kong Popping Housing Bubbles London Can’t HandleNinth Circuit Construes Known Loss ProvisionMotions to Dismiss, Limitations of Liability, and MoreCalifornia Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely Manufactured OffsiteFlorida’s New Civil Remedies Act – Bulletpoints As to How It Impacts ConstructionNewmeyer & Dillion Attorneys Selected to Best Lawyers in America© Orange County and as Attorneys of the Year 2018Determining Duty to Defend in Wisconsin Does Not Include Extrinsic EvidenceConstruction Executives Expect Improvements in the Year AheadNYC Airports Get $500,000 Makeover Contest From CuomoCross-Motions for Partial Judgment on the Pleadings for COVID-19 Claim DeniedIndemnitor Owes Indemnity Even Where Indemnitee is Actively Negligent, California Court Holds 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 LiabilityLexology Panoramic: Construction 2026Insurer's Denial of Coverage to Additional Insured Constitutes Bad Faith
