Defend Now, Allocate Later? An Unresolved Tension in Colorado Construction Law
August 16, 2026 —
David McLain - Colorado Construction Litigation BlogFor decades, Colorado law has recognized an important distinction between the duty to defend and the duty to indemnify. The former ordinarily arises at the beginning of litigation; the latter generally cannot be determined until the underlying liability is known. That distinction makes intuitive sense. A defense that becomes due only after litigation concludes is not much of a defense.
But Colorado’s construction anti-indemnity statute, C.R.S. § 13-21-111.5(6), raises an interesting question about how that familiar rule operates in construction disputes. The statute expressly regulates contractual obligations not only to indemnify, but also to insure and defend, and it reflects a legislative policy that construction businesses should bear financial responsibility for their own negligence.
Those principles have developed along separate tracks. At some point, a Colorado appellate court may have to decide precisely how they fit together.
Read the full story...Reprinted courtesy of
David McLain, Higgins, Hopkins, McLain & Roswell, LLCMr. McLain may be contacted at
mclain@hhmrlaw.com
Segal McCambridge Shareholders and Associates Recognized in 2027 Best Lawyers in America®
September 01, 2026 —
Segal McCambridgeSegal McCambridge is pleased to announce that 24 firm shareholders and associates have been recognized in the 2027 editions of the Best Lawyers in America® and Best Lawyers: Ones to Watch® in America. Best Lawyers® is an elite global network of legal professionals recognized through a trusted, peer-reviewed distinction. For more than four decades, its Purely Peer Review® methodology has upheld the principle that recognition should be earned through the opinions of fellow attorneys, not marketing influence or paid listings. No fees are accepted for consideration or inclusion.
"This Best Lawyers recognition is especially meaningful because it reflects the caliber of advocacy our attorneys bring to clients every day, across a wide range of practice areas," said Jason P. Eckerly, Segal McCambridge Managing Shareholder. "We are proud to see so many of our colleagues honored for their legal skills, dedication, and professionalism. This continued recognition underscores the strength of our national platform and the depth of talent across our firm."
Segal McCambridge's attorneys named in Best Lawyers in America® include:
Jason P. Eckerly; Chicago, IL; Product Liability Litigation - Defendants
Scott R. Emery; New York, NY; Mass Tort Litigation / Class Actions - Defendants
Jay Evans; Pittsburgh, PA; Mass Tort Litigation / Class Actions - Defendants; Product Liability Litigation - Defendants
Richard H. Glucksman; Los Angeles, CA; Construction Law
Nathan R. Horne; Austin, TX; Construction Law; Litigation - Construction
Alice Sacks Johnston; Pittsburgh, PA; Commercial Litigation; Mass Tort Litigation / Class Actions - Defendants; Product Liability Litigation - Defendants
Patrick M. Kemp; Austin, TX; Litigation - Insurance
Mitchell P. Morinec; Chicago, IL; Commercial Litigation
Anthony J. Sbarra, Jr.; Milton, MA; Mass Tort Litigation / Class Actions - Defendants; Personal Injury Litigation - Defendants; Product Liability Litigation - Defendants
Alan J. Taylor; Southfield, MI; Litigation - Construction; Real Estate Law
Kenneth P. Williams; Southfield, MI; Insurance Law; Litigation - Insurance; Personal Injury Litigation - Defendants
David J. Yates; Southfield, MI; Personal Injury Litigation - Defendants
Segal McCambridge's attorneys named in Best Lawyers: Ones to Watch in America® include:
Masood Syed Ali; Chicago, IL; Labor and Employment Law - Management
Mari Bryn Dowdy; Austin, TX; Product Liability Litigation - Defendants
Chaniece M. Hill; Chicago, IL; Medical Malpractice Law - Defendants
Mandy Kolodkin; Indianapolis, IN; Personal Injury Litigation - Defendants
Jeffrey M. Marchese; New York, NY; Litigation - Construction
Courtney C. McLaren; Memphis, TN; Personal Injury Litigation - Defendants
Benjamin J. Nellans; Chicago, IL; Commercial Litigation
Christopher P. Norton; Los Angeles, CA; Commercial Litigation
Nelson T. Rainey; Memphis, TN; Family Law; Health Care Law; Personal Injury Litigation - Defendants
Nicholas E. Richardson; Tampa, FL; Insurance Law
Jordan B. Rosenberg; Philadelphia, PA; Personal Injury Litigation - Defendants
Ian M. Sadler; Austin, TX; Commercial Litigation; Insurance Law
About Best Lawyers®
Best Lawyers® is an elite global network of legal professionals recognized through trusted, peer-reviewed distinction. For over four decades, its Purely Peer Review® methodology has upheld the principle that recognition should be earned through the opinions of fellow attorneys, not marketing influence or paid listings. Each year, millions of confidential evaluations are collected worldwide, contributing to one of the legal industry's most rigorous and trusted vetting processes. Only about 5% of lawyers in the United States and 3% globally are recognized, reflecting the selectivity and credibility of the results. No fees are accepted for consideration or inclusion, maintaining the integrity and independence of all recognitions. For more information, visit: www.bestlawyers.com.
About Segal McCambridge
Segal McCambridge has built a reputation as a national law firm of accomplished trial attorneys for almost four decades. Founded in 1986, the firm has grown from a four-lawyer shop in Chicago to a firm with more than 20 offices nationwide. The firm routinely counsels and defends clients, including Fortune 500 companies, corporations, and individuals, across the United States in complex litigation matters including, but not limited to: asbestos, class action, construction, employment, environmental, food and beverage, insurance coverage and bad faith, life sciences, product liability, professional liability, technology and cyber risk, transportation, and warranty. For more information, visit: www.segalmccambridge.com.
Executive Insights 2026: Leaders in Construction Law
October 06, 2026 —
Construction ExecutiveWhat advice would you give contractors regarding documentation and recordkeeping to better protect themselves during disputes?
Jim Archibald
Partner
Bradley Arant Boult Cummings LLP
Disputes over payment, scope and delays are among the biggest risks contractors face. Thorough documentation doesn’t just help win these disputes; it may prevent them from happening at all.
Start with the contract: Every project should begin with a written agreement that clearly defines scope, schedule, payment terms and change-order procedures. Verbal understandings are difficult to enforce.
Track changes in real time: Change orders, change directives, RFIs and scope clarifications should always be documented in writing.
Reprinted courtesy of
Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...
Doctrine of Substantial Performance When It Comes to Payment
July 27, 2026 —
David Adelstein - Florida Construction Legal UpdatesA recent non-construction case touches upon the doctrine of substantial performance when it comes to payment. In this case, a club was to make two payments to secure a rapper’s attendance. The first payment was made. The second payment was made but was a few hundred dollars short of the agreed amount. The rapper did not show up. The club claimed it substantially performed its obligations. At first glance, the argument makes sense because the second payment fell only a few hundred dollars short. But that wasn’t the case when it comes to pre-commencement payment obligations:
Substantial performance applies only when the variance from the contract terms “is inadvertent or unintentional and unimportant so that the work actually performed is substantially what was called for in the contract.” However, when one party agrees to pay the other on or before a specific date, time is of the essence, and the payor is required to pay the payee on or before that date. “There is almost always no such thing as ‘substantial performance’ of payment between commercial parties when the duty is simply the general one to pay. Payment is either made in the amount and on the date due, or it is not.”
Big Gate Records, LLC v. Washington, 51 Fla.L.Weekly D1281a (Fla. 2nd DCA 2026) (internal citations omitted).
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Brenda Radmacher Authors Chapter in ABA Publication on Construction Delays
May 26, 2026 —
Brenda Radmacher - The Construction SeytBrenda Radmacher, a partner in Seyfarth’s Construction Law practice and a mediator and arbitrator serving on the American Arbitration Association’s panels, is among the contributing authors to the American Bar Association’s forthcoming guide on construction disputes: Time – The Legal Implications of Project Delay in Construction.
Drawing on three decades of experience, Radmacher authors Chapter 8, Contractor Delay Damages, offering practical insight into one of the most contested issues in construction litigation and arbitration.
Read the full story...Reprinted courtesy of
Brenda Radmacher, Seyfarth Shaw LLP
Breaking Ground On New California Public Works Prevailing Wage Requirements
April 27, 2026 —
Heather Frisch, Christopher Bouquet & Ashley Stein - The Construction SeytSeyfarth Synopsis: As of January 1, 2026, AB 889 bulldozed California’s Prevailing Wage law, which impacts public works employers—including public agencies, the contractors that work for them, and private owners and developers whose projects may be subject to public works requirements. The amended law reframes the calculation of fringe benefits for individuals who work on public works project and mandates annualization of such benefits, demolishes the practice of frontloading these benefits, and requires employers to maintain inspection-ready records of compliance.
This year, AB 889 significantly revised California’s prevailing wage law, codified at Labor Code section 1773.1, to clarify the state’s prevailing wage regulations and streamline enforcement. Accordingly, as of January 1, 2026, California public works employers are required to annualize employees’ fringe benefits and maintain specific documentation demonstrating statutory compliance. These new obligations impact public agencies and their contractors, as well as private owners and developers whose projects may be subject to public works requirements. Continue reading for the blueprint of how to comply with the state’s amended prevailing wage law.
Reprinted courtesy of
Heather Frisch, Seyfarth Shaw LLP,
Christopher Bouquet, Seyfarth Shaw LLP and
Ashley Stein, Seyfarth Shaw LLP
Ms. Frisch may be contacted at hfrisch@seyfarth.com
Mr. Bouquet may be contacted at cbouquet@seyfarth.com
Ms. Stein may be contacted at astein@seyfarth.com
Read the full story...
Snell & Wilmer Recognized Among the Top 10 Largest Law Firms in Orange County by the Orange County Business Journal for the Ninth Consecutive Year
April 27, 2026 —
Snell & WilmerORANGE COUNTY – Snell & Wilmer is pleased to announce that its Orange County office has been named the eighth largest law firm in Orange County on the Orange County Business Journal’s
2026 List of Law Firms. The office has been ranked among the top 10 largest law firms in the region by the Orange County Business Journal for nine consecutive years.
“We are proud to once again be recognized among the top law firms in Orange County,” said
Jonathan E. Frank, managing partner of the firm’s Orange County office. “This recognition is a testament to the outstanding attorneys and professionals in our Orange County office and the clients who trust us with their most important matters. Being ranked among the top 10 largest firms in the region for nine consecutive years reflects both the strength of our team and our deep commitment to serving the Orange County business community.”
Read the full story...Reprinted courtesy of
Snell & Wilmer
Court Finds Potential Conflicts In Denying Insurer’s Motion to Dismiss Claim for Independent Counsel
October 12, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe District Court denied the insurer’s motion to dismiss the additional insured’s claim that the appointment of independent counsel was required. S. Cal. Edison Co. v. Travelers Prop. Cas. Co of Am., 2025 U.S. DIst. LEXIS 148495 (C.D Calif. July 15, 2025).
Southern California Edison Company (SCE) entered a Master Services Agreement with its contractor, SASCO whereby SASCO agreed to provide services concerning electrical pole repair and replacement. SASCO was required to obtain primary and excess general liability policies and to name SCE as an additional insured. SASCO obtained such policies from Travelers, naming SCE as an additional insured. The policies limited coverage for SCE to covered damages arising from SASCO’s work.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
