How to Fireproof a Neighborhood
March 17, 2026 —
Linda Poon - BloombergAs builders in fire-prone areas like California race to
reimagine homes for a more fiery future, one developer is zooming out to build entire fire-resilient neighborhoods.
KB Home’s developments tackle an issue that’s
hard for any individual homeowner to overcome: “You can do your home perfectly, but if your neighbor didn’t, you still have a fire risk,” said Roy Wright, chief executive officer of the research nonprofit Insurance Institute for Business and Home Safety. In other words, to slow the spread of urban fires
it takes a village.
Read the full story...Reprinted courtesy of
Linda Poon, Bloomberg
Leaders in Dispute Resolution Need to Make Unbiased Decisions for Mediation to Succeed
March 31, 2026 —
Rick G. Erickson - Snell & WilmerAs a mediator helping to settle construction disputes and as an arbitrator deciding outcomes of these disputes, I found certain lessons to be especially helpful after graduating last summer from the Executive Education program at Harvard Kennedy School (HKS). The exceptional HKS curriculum included courses focused on negotiation strategies for multiparty disputes, decisive leadership during crisis, and human behavior affecting dispute resolution.
In particular, our HKS class debated the impact of cognitive bias in dispute resolution, and we studied a central theme that decision-making is universally scientific. That is, parties making decisions in dispute resolution exhibit and rely upon empirical factors that good mediators and decision makers should appreciate and understand. Bias, for example, can cause key players to discount persuasive witnesses, admissible evidence, and reliable expert opinions that influence the outcome of a construction dispute. Biased decision makers may also choose to withhold key information from the mediator, as though doing so will help rather than hurt what is supposed to be an objective and diplomatic process.
Read the full story...Reprinted courtesy of
Rick G. Erickson, Snell & WilmerMr. Erickson may be contacted at
rerickson@swlaw.com
Ball Janik LLP Elevates Construction Litigation Attorneys Keegan A. Berry and Nicholas B. Vargo to Partner
February 02, 2026 —
Ball Janik LLPOrlando, FL – January 28, 2026 –
Ball Janik LLP is pleased to announce the elevation of
Keegan A. Berry and
Nicholas B. Vargo to Partner, effective 2026. Both attorneys are dedicated to their clients and have provided significant contributions to the firm's Construction Defect and Litigation practice.
"Keegan and Nicholas exemplify the excellence and client-focused approach that define Ball Janik LLP," said James C. Prichard, Managing Partner of Ball Janik LLP. "Their elevation to Partner reflects not only their exceptional legal skills and dedication to our clients but also their commitment to advancing the firm's mission. We are proud to recognize their achievements and look forward to their continued leadership."
Berry is based in Ball Janik LLP's Orlando office and is a Florida Bar Board Certified Specialist in Construction Law. Throughout his career, Berry has focused on complex litigation and resolving matters through arbitration, alternative dispute resolution, and trial, with extensive experience both prosecuting and defending construction claims on behalf of owners, contractors, and manufacturers. His practice also encompasses complex commercial and general litigation, including business torts, professional liability, products liability, and general liability.
"I'm honored to continue serving Florida's business and property owner communities as a partner at Ball Janik, leveraging my experience to deliver efficient, results-driven solutions in even the most complex construction disputes," said Berry.
Vargo is based in Ball Janik LLP's Tampa office and is a Florida Bar Board Certified Specialist in Construction Law. He focuses on Construction Litigation, representing residential and commercial property owners in construction defect litigation. Vargo has spent most of his career in construction defect law with Ball Janik and has been instrumental in growing Ball Janik's presence in Florida's west coast.
"Becoming a partner at Ball Janik is both a privilege and a responsibility, and I look forward to continuing to advocate fiercely for our clients while holding accountable those who attempt to evade their obligations," said Vargo.
About Ball Janik LLP
Ball Janik LLP is a Florida-based law firm offering construction defect, construction law, insurance recovery, and commercial litigation counsel, to its local and national clients. The firm was founded in 1982 and has expanded its capabilities, professionals, and geographic footprint. What started as a small firm focused on real property, land use, and litigation (known then as Ball Janik & Novack) has grown to a team of 50-plus attorneys and paralegals in 5 offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, and Corporate International. Read more here: https://www.balljanik.com/.
Substantial Evidence of Flood Loss is Not a Substitute for Required Proof of Loss
April 20, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe court found that the insurer properly denied the insured’s claim for loss due to flood because a proof of loss was never submitted. Bay Haven at Coco Bay Condominium Association, Inc. v. Hartford Ins. Co. of the Midwest, 2026 U.S. Dist. LEXIS 6847 (M.D. Fla. Jan. 14, 2026).
Bay Haven managed several condo buildings. When Hurricane Ian hit, it caused significant flood damage to these properties. Bay Haven held federal flood insurance policies through Hartford under “Write-Your-Own” policies. This meant Hartford was essentially a fiscal agent that managed policies and handled claims but paid them using federal funds.
Following the storm, FEMA extended the usual 60-day deadline for filing a proof of loss to one year, or until September 28, 2023. Bay Haven did not submit its proofs of loss until November 2023. FEMA granted an extension but only for the specific amounts in the November requests. Hartford did not waive the 60-day proof of loss requirement for any other proof of loss. Hartford paid the amounts reflected in the November submissions.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
US Energy Dept. Withdraws Federal ‘Zero-Emissions Building’ Definition
December 22, 2025 —
Bryan Gottlieb - Engineering News-RecordThe U.S. Dept. of Energy has
withdrawn the Biden-era federal definition of a “zero-emissions building,” marking another step in the Trump administration’s rollback of climate-focused initiatives and creating uncertainty for states, cities and owners that had informally used the guidance in project planning.
Read the full story...Reprinted courtesy of
Bryan Gottlieb, Engineering News-RecordMr. Gottlieb may be contacted at
gottliebb@enr.com
Why Construction Tendering Needs Specialized Intelligence
March 31, 2026 —
Aarni Heiskanen - AEC BusinessThe construction industry has never lacked data; it lacks usable intelligence at the moments that matter most. In the high-stakes phases of tendering and pre-construction, the industry still relies on manual “Control-F” searches through thousands of pages of unstructured documents.
I recently spoke with
Herman Smith, a civil engineer and former Chief Digital Officer at Multiconsult, who left the corporate world to solve this specific bottleneck. His startup,
Volve, isn’t just another AI wrapper; it is a specialized “drill” designed to penetrate the complexity of construction documentation.
The Paradox of Digitalization without a Productivity Boost
For years, the AEC industry has faced a frustrating paradox: we have more digital tools than ever, yet productivity has not improved. Herman observed this from the inside, managing hundreds of unique software licenses while seeing companies struggle to adapt to new workflows.
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
David Samani Joins BHBA Podcast on Mediation Best Practices
May 05, 2026 —
Lewis BrisboisLos Angeles Partner David Samani recently joined a Beverly Hills Bar Association (BHBA) podcast titled, “Mediation 360: Preparation from the Defense, Plaintiff, and Mediator Perspectives,” during which he shared his insights on various aspects of the mediation process. Mr. Samani, along with a plaintiff’s attorney and a mediator, presented their thoughts on topics including how to determine whether a case is appropriate for mediation, preparing to mediate a case, communicating with clients, and handling the mediation itself.
Mr. Samani explained that early communication with clients is critical so that attorneys may learn what a client’s objectives are and develop an assessment of the case. He described that “from an early stage,” attorneys should determine the cost of litigation and ensure that the client understands “what an aggressive defense might entail.” As the matter progresses, attorneys and clients should “continue the dialogue” regarding costs as well as the strengths and weaknesses of the case, “making sure the client is apprised of the various alternatives that exist.” In addition, Mr. Samani discussed factors to consider when choosing a mediator, noting, “All mediators have their own styles and backgrounds.” He explained that some cases may call for a mediator with specialized knowledge in a particular area such as bankruptcy or securities, while other mediations may benefit from a mediator who understands the realities of private practice.
Read the full story...Reprinted courtesy of
Lewis Brisbois
BWB&O’s LA Team Secures a Defense Victory for General Contractor Client in Riverside Superior Court!
January 13, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'M
ICC/ASHRAE/USGBC/IES Green Model Code Integrates Existing Standards
No Coverage Under Installation Policy When Read Together with Insurance Application
Leveraging the 50-State Initiative, Connecticut and Maine Team Secure Full Dismissal of Coverage Claim for Catastrophic Property Loss
Another Setback for the New Staten Island Courthouse
English High Court Finds That Business-Interruption Insurance Can Cover COVID-19 Losses
Home Improvement in U.S. Slowing or Still Intact -- Which Is It?
Contractors May be Entitled to Both Prompt Payment Act Relief and Prejudgment Interest for a Cumulative 24%!
Apartment Construction Ominously Nears 25-Year High
The Prompt Payment Act Obligation is Not Triggered When the Owner Holds Less Retention from the General Contractor
Environmental Due Diligence - What's The Hold Up?
Partners Nicole Whyte and Karen Baytosh are Selected for Inclusion in Best Lawyers 2021 and Nicole Nuzzo is Selected for Inclusion in Best Lawyers: Ones to Watch
That’s What I have Insurance For, Right?
Insurer Rejecting Construction Defect Claim Must Share in Defense Costs
Alert: AAA Construction Industry Rules Update
Construction Defect Reform Dies in Nevada Senate
Benford’s Law: A Seldom Used Weapon in Forensic Accounting
Predicting the Future of Texas’s Grid Is a Texas-Sized Challenge
Prejudice to Insurer After Late Notice of Hurricane Damage Raises Issue of Fact
Ohio subcontractor work exception to the “your work” exclusion
As Trump Visits Border, Texas Landowners Prepare to Fight the Wall
Maui Wildfire Cleanup Could Cost $1B and Take One Year
U.S. Steel Invoking Carnegie’s Legacy in Revival Strategy
Two Firm Members Among the “Best Lawyers in America”
What Sustainable Building Materials Will the Construction Industry Rely on in 2020?
Florida Appellate Courts Holds Underwriting Manuals are Discoverable in Breach of Contract Case
Precast Standards' Work Under Way as Brittle Fracture Warnings Aired
New York Court Holds That the “Lesser of Two” Doctrine Limits Recoverable Damages in Subrogation Actions
Supply Chain Delay Recommendations
Flood-Threat Assessment Finds Danger Goes Far Beyond U.S. Homes
The Ghosts of Baha Mar: How a $3.5 Billion Paradise Went Bust
Force Majeure Recommendations
Boots on the Ground- A Great Way to Learn and Help Construction Clients
Dispute between City and Construction Company Over Unsightly Arches
NY Construction Safety Firm Falsely Certified Workers, Says Manhattan DA
Cultivating a Company Culture Committed to Safety, Mentorship and Education
Recording a Lis Pendens Is Crucial
A Look at Business and Professions Code Section 7031
Multifamily Building Pushes New Jersey to Best Year since 2007
Addressing the Defective Stucco Crisis
Application Of Two Construction Contract Provisions: No-Damages-For-Delay And Liquidated Damages
Newmeyer & Dillion Attorney Alan Packer Selected to the 2017 Northern California Super Lawyers List
Beyond the Disneyland Resort: Special Events
How to Survive the Insurance Claim Process Before It Starts –Five Tips to Keep Your Insurance Healthy
Real Estate & Construction News Roundup (7/10/24) – Strong Construction Investment in Data Centers, Increase Use of Proptech in Hospitality and Effects of Remote-Work on Housing Market
Owners Should Serve Request for Sworn Statement of Account on Lienor
Dorian’s Wrath: How Event Cancellation Insurance Helps Businesses Recoup Losses from Severe Weather
Employee Handbooks—Your First Line of Defense
Update: Amazon Can (Still) Be Liable in Louisiana
What is a “Force Majeure” Clause? Do I Need one in my Contract? Three Options For Contractors, Subcontractors and Suppliers to Consider
New OSHA Regulations on Confined Spaces in Construction
perty Damage"Court Retained Jurisdiction to Enforce Settlement Under Code of Civil Procedure Section 664.6 Despite Dismissal of ComplaintArbitration: For Whom the Statute of Limitations Does Not Toll in PennsylvaniaSioux City Building Owners Sue Architect over Renovation CostsConstruction and Contract Issues Blamed for Problems at Anchorage PortIs Equipment Installed as Part of Building Renovations a “Product” or “Construction”?A Year Later, Homeowners Still Repairing Damage from SandyWilke Fleury Attorneys Featured in “The Best Lawyers in America” & “Best Lawyers: Ones to Watch” 2025 Editions
