Bona Fide Dispute Defeats Violation of Prompt Payment Act
June 15, 2026 —
David Adelstein - Florida Construction Legal UpdatesMost, if not all, jurisdictions, including the federal government, have what is known as a “Prompt Payment Act.” The objective is to ensure prompt payment. If prompt payment is not made, the Prompt Payment Act provides for interest penalties, as well as potentially other costs such as attorney’s fees.
But the thing is, it’s not as simple as untimely payment to support the recourse and interest penalties the applicable Prompt Payment Act affords. And the teeth associated with the applicable Prompt Payment Act are not as sharp as perhaps the party claiming untimely payment prefers.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
When Arbitrators Overreach: Utah Supreme Court Trims an Award Built on an Unpled Claim
November 02, 2026 —
Tyson J. Prisbrey & Mark O. Morris - Snell & WilmerConstruction industry participants have long favored arbitration to resolve disputes, prizing its speed, confidentiality, and finality over traditional litigation. That finality, however, depends on arbitrators staying within the bounds of what the parties actually put before them. In RV Holdings 4, LLC, et al. v. Standard Fiber Investors, LLC, the Utah Supreme Court issued a rare rebuke of an arbitration award, holding that the arbitrator exceeded their authority by awarding damages on a claim the prevailing party never submitted for decision.
The dispute arose from a management-fee relationship between Standard Fiber, a bedding manufacturer, and several affiliated “Ridgeview” entities that provided financial and accounting oversight services. After Standard Fiber stopped paying management fees in 2020, the parties pursued their claims in arbitration. Ridgeview’s arbitration demand sought recovery under two specific theories: that a 2006 management services agreement remained in effect, and alternatively, that an oral “50/50 Agreement” entitled it to a share of fees paid to an affiliated entity. Notably, Ridgeview never asserted a claim for breach of a separate 2014 fee arrangement, and affirmatively disavowed reliance on it. The arbitrator rejected both of Ridgeview’s submitted theories and instead awarded Ridgeview $725,000 based on that unpled 2014 agreement. The district court confirmed the award, concluding that the arbitrator’s decision was rationally related to the parties’ arguments, including evidence Standard Fiber itself introduced about the 2014 arrangement.
Reprinted courtesy of
Tyson J. Prisbrey, Snell & Wilmer and
Mark O. Morris, Snell & Wilmer
Mr. Prisbrey may be contacted at tprisbrey@swlaw.com
Mr. Morris may be contacted at mmorris@swlaw.com
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New Executive Order on AI Innovation and Security: Key Takeaways for the Construction Industry
June 15, 2026 —
Richard R. Volack & Denis Serkin - Peckar & Abramson, PCOn June 2, 2026, President Trump signed an Executive Order titled “Promoting Advanced Artificial Intelligence Innovation and Security.” At its core, the Order is a cybersecurity and national-security measure rather than a broad regulation of how private companies develop or use AI. It directs federal agencies to harden government systems against AI-enabled cyber threats, establishes voluntary frameworks for collaboration between the federal government and the AI and critical-infrastructure sectors, and strengthens criminal enforcement against the malicious use of AI.
Notably, the Order expressly disclaims any intent to create a “mandatory governmental licensing, preclearance, or permitting” regime for the “development, publication, release, or distribution of new AI models.” Instead, the Executive Order seeks to “promote AI innovation and security” by working with the private sector to modernize government and private-sector information systems and harden them against external threats, protect intellectual property from exploitation or theft, and cultivate American AI capabilities.
Reprinted courtesy of
Richard R. Volack, Peckar & Abramson, PC and
Denis Serkin, Peckar & Abramson, PC
Mr. Volack may be contacted at rvolack@pecklaw.com
Mr. Serkin may be contacted at dserkin@pecklaw.com
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Benchmark Litigation Recognizes Andrea DeField Among Nation’s Top Young Litigators
September 08, 2026 —
Hunton Insurance Recovery BlogHunton’s insurance coverage team is proud to celebrate the recognition of
Andrea DeField on
Benchmark Litigation’s 2026 40 & Under List, an annual ranking that highlights the nation’s leading litigators age 40 and under. Andrea was one of only six Hunton lawyers selected and was recognized in the South region. Benchmark Litigation’s 40 & Under List honors attorneys who have distinguished themselves through significant case work, client feedback, and peer review.
This honor reflects Andrea’s reputation as one of the country’s leading policyholder-side insurance recovery litigators and her standing as a trusted advisor to companies facing some of today’s most complex insurance and risk management challenges. As head of Hunton’s cyber insurance practice, Andrea has built her career helping companies manage risk and maximize insurance recovery. Her practice spans the full spectrum of insurance-related issues, from advising clients on contractual risk transfer and insurance program design to representing policyholders in high-stakes coverage and bad faith disputes. She has guided clients through some of the most complex and widely publicized losses in recent years and helps companies recover under a broad range of insurance products, including D&O, professional liability, crime, property, cyber, and general liability policies.
Read the full story...Reprinted courtesy of
Hunton Andrews Kurth LLP
Why Professional Liability Insurance Is Ticking Clock for AE Firms
November 09, 2026 —
Jared Maxwell - Engineering News-RecordFor architecture and engineering firms, professional liability insurance is a cornerstone of risk management. These policies are almost always written on a claims-made basis, making timely claims reporting one of the most critical—yet often overlooked—requirements for preserving coverage. In practice, how and when a firm reports a claim can have just as much impact as the claim itself.
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Jared Maxwell, Engineering News-RecordENR may be contacted at
enr@enr.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.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Celebrating Freedom: The Overlooked Freedom to Contract in Commercial Insurance
July 20, 2026 —
Michael S. Levine & Andrea DeField - Hunton Insurance Recovery BlogHappy 4th and 250 years of freedom . . . to contract!
Many policyholders assume insurance policies are “standard” and must be accepted as-is. That assumption is often wrong—and dangerously limiting. Unlike many consumer insurance markets, the commercial insurance realm preserves a robust “freedom to contract,” allowing sophisticated policyholders to negotiate terms, exclusions, definitions, and limits before a policy is even issued. Particularly in recent years, high-profile disputes over cyber coverage, business interruption, and war/cyber exclusions have shown not just what happens when coverage is denied, but what could have been done up front to avoid those fights.
This post highlights the power policyholders still hold in the negotiation process and illustrates, with concrete examples from recent media-covered disputes, how that freedom can be strategically used.
Reprinted courtesy of
Michael S. Levine, Hunton Andrews Kurth LLP and
Andrea DeField, Hunton Andrews Kurth LLP
Mr. Levine may be contacted at mlevine@hunton.com
Ms. DeField may be contacted at adefield@hunton.com
Read the full story...
Function Over Form: Eighth Circuit Narrows Application of Cosmetic Damage Exclusion
October 12, 2026 —
Ali Jamwal - SDV FenchurchIntroduction
In a significant decision for policyholders, the United States Court of Appeals for the Eighth Circuit adopted a narrow interpretation of an exclusion for cosmetic roof damage caused by wind or hail.
[1] The court held that for a cosmetic damage exclusion to apply, an insurer must prove that the roof’s ability to function as a barrier to the elements is not impaired as compared to its functionality prior to the loss or damage.
Background
In April 2022, a hailstorm struck the insured school buildings causing indentations in the buildings’ metal roofs. The hail did not puncture the roofs’ metal, and no leaks were reported. The insurer denied the claim based on the policy’s cosmetic damage exclusion, which precluded coverage for “cosmetic damage to roof surfacing caused by wind and/or hail.” Cosmetic damage was defined as “superficial damage that altered the appearance of the roof surfacing, but such damage does not prevent the roof from continuing to function as a barrier to entrance of the elements to the same extent as it did before.”
Read the full story...Reprinted courtesy of
Ali Jamwal, SDV FenchurchMr. Jamwal may be contacted at
ali.jamwal@sdvfenchurch.us
