Jurisdiction Over Foreign Manufacturers in Construction Litigation
May 14, 2026 —
Timothy J. Repass & Miki J. Saito - Wood Smith Henning BermanA recent decision from the Washington Court of Appeals provides important guidance on personal jurisdiction over foreign product manufacturers in construction and infrastructure litigation. In King County v. Aquatherm GmbH, No. 85572-7-I (Wash.Ct. App.Div.I)(unpublished), the court addressed whether a German manufacturer could be sued in Washington for alleged defects in piping used in major public infrastructure projects. The ruling offers a detailed, fact-driven roadmap for how Washington courts evaluate jurisdiction over foreign manufacturers operating through layered distribution networks. It also reflects a broader trend toward focusing on real-world commercial conduct rather than formal corporate structure.
Background of the Case
King County sued after widespread failures in polypropylene piping installed at the King County Correctional Facility. The pipe, manufactured by Aquatherm GmbH in Germany, was marketed, distributed, and installed through a network of U.S.-based entities. Following a six-week trial, the jury returned a verdict exceeding $18 million on claims under the Washington Product Liability Act and Consumer Protection Act. Aquatherm challenged, among other things, the trial court's exercise of personal jurisdiction.
Reprinted courtesy of
Timothy J. Repass, Wood Smith Henning Berman and
Miki J. Saito, Wood Smith Henning Berman
Mr. Repass may be contacted at trepass@wshblaw.com
Ms. Saito may be contacted at msaito@wshblaw.com
Read the full story...
Trial-Tested Property Litigator Kimberlee Martin Joins Ball Janik LLP's Orlando Construction Defect Team
October 06, 2026 —
Ball Janik LLPORLANDO, FL, September 30, 2026 — Ball Janik LLP has added Kimberlee A. Martin to its Construction Defect Practice Group as an associate in the firm's Orlando office. For more than a decade, she has litigated matters in the fields of criminal defense, first-party property, and insurance disputes, taking cases and claims from inception through jury trial. It's the same path many of Ball Janik's clients face when construction goes wrong, and her arrival deepens the firm's trial bench in Central Florida.
"Florida property owners are dealing with complex building problems and less time to act on them. That puts a premium on attorneys who can take a case the distance," said James C. Prichard, Managing Partner of Ball Janik LLP. "Kimberlee has carried property and insurance claims from pre-suit all the way through trial, working hand in hand with experts along the way. Community associations and commercial property owners need exactly that combination, and she brings it to our team on day one."
Most recently, Kimberlee served as Litigation Director, where she oversaw homeowners' property claims in pre-suit and litigation, managed a substantial caseload, and guided associate attorneys on litigation strategy. Her civil work includes jury trials, summary judgment and dismissal motions, expert and witness depositions, mediations, and site inspections, along with close coordination with contractors, consultants, and other experts.
That skill set maps directly onto construction defect and insurance recovery litigation, where cases often turn on site evidence, expert testimony, and a credible readiness to go to trial.
"I've seen firsthand how much is at stake when a building has problems: owners' investments, residents' homes, and everyone's peace of mind," said Kimberlee. "Ball Janik is focused on exactly those clients, which made this a natural next step for my practice. I'm excited to join this team and help property owners hold the responsible parties accountable and get their buildings repaired."
Kimberlee earned her J.D., cum laude, from Florida International University College of Law and her B.A. in political science, with a minor in legal studies, from the University of Central Florida.
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 70-plus attorneys and paralegals in five offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, including for its construction law capabilities in Florida, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, Super Lawyers, and Corporate International. Read more at www.balljanik.com.
Lost in Translation: AEC Tech’s Missing Role
May 12, 2026 —
Aarni Heiskanen - AEC BusinessI once visited a construction site where the contractor’s headquarters had commissioned a tech company to build an on-site quality-inspection application. The developer had admitted to the site engineer that they had never set foot on a construction site before. The engineer showed me what he was actually using: his own phone camera and an Excel sheet. The new app did not map to how work actually happened on site.
This is not an isolated story. The vendor builds something technically coherent but operationally disconnected. The client, somewhere up the chain, had fallen in love with the idea of the solution before anyone had built an honest business case for it.
The result is a tool that gets demonstrated at a board meeting but isn’t used in the field.
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
A Win for Clarity: What a Recent Federal Court Decision Means for Davis-Bacon Compliance
July 13, 2026 —
Stephen E. Irving - Peckar & Abramson, P.C.Following the
Department of Labor’s 2023 Davis-Bacon rule changes, federal construction contractors faced a pressing question: not whether paying prevailing wages is required, but how far those obligations could extend. Could they reach off-site material suppliers? Delivery drivers? Contracts that omitted Davis-Bacon clauses entirely? A recent federal court decision in AGC of America v. US Department of Labor answers these questions in important ways, vacating several disputed provisions and giving contractors greater certainty when pricing, bidding, and administering federal construction projects.
The ruling addresses three aspects of the 2023 regulations that sought to extend Davis-Bacon obligations beyond their traditional scope. By vacating those provisions, the decision creates a more predictable compliance environment and reinforces an important principle: Davis-Bacon enforcement works best when contractors, workers, and regulators operate under clear, objective rules.
Read the full story...Reprinted courtesy of
Stephen E. Irving, Peckar & Abramson, P.C.Mr. Irving may be contacted at
sirving@pecklaw.com
Data Center Construction: Contractors Must Step Up
May 26, 2026 —
Aarni Heiskanen - AEC BusinessI attended the
Datacenter Forum 2026 in Helsinki last week. Over 400 people packed the room. Walking out, I had one overriding thought: Is construction operating in a different century from the technology it is being asked to house?
Is Our Industry on Par?
Ciarán Forde, Senior Vice President at CTS Nordics, opened the forum with a statement that set the tone for everything that followed: data centers are no longer just a technical challenge; they are a national strategy. Before AI, Ciarán had worked in telecoms, where data centers were already complex. But now, he said flatly, everything has changed, and the industry must rethink everything.
The numbers behind the claim are staggering. Current AI data center racks run at 40 to 100 kW. In three years, 800 kW per rack is on the roadmap. And the development cycle for a new chip is roughly one year, which means deployments begin aging out almost as soon as they are commissioned.
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Late Notice Bars Insured’s Claim for Water Leak Damage
August 11, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe federal district court granted the insurer’s motion for summary judgment dismissing the insured’s claim due to late notice. Global Approach, Inc. v. Scottsdale Ins. Co., 2026 U.S. Dist. LEXIS 120183 (S. D. Fla. June 1, 2026).
Global suffered water damage on September 3, 2021, which originated in the bathroom of one of its rental properties. Global reported the claim to its insurer, Scottsdale, on October 19, 2021. Prior to reporting the claim, Global hired a handyman to inspect the property and then demolished the damaged area and repaired the bathroom.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Trend Continues Where Unlicensed Contractors Have No Recourse
July 13, 2026 —
David Adelstein - Florida Construction Legal UpdatesThere’s been a recent trend in Florida case law that has figuratively “killed” unlicensed contractors. Here’s another one. The moral to this trend and case is simple: make sure you have the proper licenses prior to serving as a contractor under Florida law. Trying to be cute, as seemed to be the situation in this case with a creative argument, is not an argument that will carry the day and your resources will be devoted to being creative versus the ultimate merits of the dispute.
In Ramindesign, LLC v. Skarzynski, 2026 WL 1649571 (S.D.Fla. 2026) an owner of real proper
North Carolina Federal Court Holds “Hazardous Materials” Exclusion Does Not Bar Duty to Defend Under CGL Policy for Bodily Injury Claims Arising Out of Direct Exposure to PFAsCalifornia Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely Manufactured OffsiteConstruction Law Client Alert: California Is One Step Closer to Prohibiting Type I Indemnity Agreements In Private Commercial ProjectsDoes a Broker Forfeit His or Her Commission for Technical Non-Compliance with Department of Real Estate Statutory Requirements?No Expert Testimony for You: Maryland Federal Court Deems Expert Testimony InadmissibleWilke Fleury Attorneys Featured in 2021 Best Lawyers in America and Best Lawyers: Ones To Watch!Chicago’s Bungalows Are Where the City Comes TogetherGRSM Attorneys Recognized in The Best Lawyers in America® 2027Turnover Traps for Community Associations: Investigate First, Release Claims LaterPennsylvania Commonwealth Court Holds that Nearly All Project Labor Agreements are IllegalRuling Finds Builder and Owners at Fault in Construction Defect CaseA Reminder to Get Your Contractor’s License in VirginiaThe Benefits of Incorporating AI Into the Construction LifecycleWitt Named to 2017 Super LawyersUnder New York Law a Recourse Provision Bars Most Claims Except for FraudInsureds’ Altering Dates for Hailstorm Damage Justifies Denial of ClaimNorth Carolina Appeals Court Threatens Long-Term Express WarrantiesEnergy Efficiency Ratings Aren’t Actually Predicting Energy EfficiencyBeyond the Disneyland Resort: MuseumsHome Builder Doesn’t See Long Impact from HurricaneMBS’s $500 Billion Desert Dream Just Keeps Getting WeirderNew York Considering Legislation That Would Create Statute of Repose For ConstructionJoin: Computer Science Meets ConstructionPalm Beach Billionaires’ Fix for Sinking Megamansions: Build BiggerExcess-Escape Other Insurance Provision Unenforceable to Avoid Defense Cost Contribution Despite Placement in Policy’s Coverage GrantThe Dominguez Case and Deed Fraud: Who Criminals Target and How to Protect Yourself Against FraudCoverage Exists for Landlord as Additional InsuredHousing Agency Claims It Is Not a Party in Construction Defect CaseStandard Lifetime Shingle Warranties Aren’t ForeverReal Estate & Construction News Roundup (8/6/24) – Construction Tech Deals Surge, Senators Reintroduce Housing Bill, and Nonresidential Spending DropsCAUTION: Terms of CCP Section 998 Offers to Compromise Must Be Fully Contained in the Offer ItselfWeyerhaeuser Leaving Home Building BusinessFirst Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy PeriodResidential Contractors, Be Sure to Have these Clauses in Your ContractsBofA Said to Near Mortgage Deal for Up to $17 BillionPowering Goal Congruence in Construction Through Smart ContractsKeeping Your Workers Safe When Air Quality Isn'tThe Future of Airport Infrastructure in a Post-Pandemic WorldInability to Confirm Coverage Supports Setting Aside Insured’s Default Judgment on Grounds of Extrinsic MistakeLouisiana Enacts Important Tort Reform Legislation Summarizing Changes to NEPA in the Fiscal Responsibility Act (P.L. 118-5)A Call to Washington: Online Permitting Saves Money and the EnvironmentLate Notice Bars Insured's Claim for Loss Caused by HurricaneCongratulations to Nicholas Rodriguez on His Promotion to PartnerGranting of Lodestar Multiplier in Coverage Case AffirmedCarrier Has Duty to Defend Claim for Active Malfunction of ProductColorado Homebuyers Must be in Privity of Contract with Developer to Assert Breach of Implied Warranty of SuitabilityWilke Fleury Attorneys Featured in “The Best Lawyers in America” & “Best Lawyers: Ones to Watch” 2025 EditionsResidential Interior Decorator Was Entitled to Lien and Was Not Engaging in Unlicensed ContractingCalifornia Court of Appeal: Inserting The Phrase “Ongoing Operations” In An Additional Endorsement Is Not Enough to Preclude Coverage for Completed Operations Buffalo-Area Roof Collapses Threaten Lives, Businesses After Historic SnowfallFort Lauderdale Team Secures Appellate Win Affirming Defense Verdict for Engineering Firm in High-Stakes Negligence CaseCoverage Doomed for Failing Obtain Insurer's Consent for SettlementBoston Team Obtains Complete Defense Verdict for Engineering Firm in Professional Liability MatterOrder for Appraisal Affirmed After Insureds Comply with Post-Loss ObligationsNew York State Legislature Reintroduces Bills to Extend Mortgage Recording Tax to Mezzanine Debt and Preferred EquityBerkeley Researchers Look to Ancient Rome for Greener ConcreteConsultant Says It's Time to Overhaul Construction Defect Laws in NevadaDot I’s and Cross T’s When It Comes to Construction Licensure RequirementsHunton Offers Amicus Support in First Circuit Review of “Surface Water” Under Massachusetts LawAnother Defect Found on the Bay Bridge: Water Leakage2021 Executive Insights: Leaders in Construction LawTexas exclusions j(5) and j(6).Ongoing Operations Exclusion Bars CoverageNavigating Construction Defect Claims and Statutes of Limitation: Key Lessons from Stoecklein v. Fayette Farms
