Beyond the Forecast: Managing Extreme Weather Risks on Construction Sites
November 02, 2026 —
Jordan Graustark - Construction ExecutiveConstruction leaders would never downplay or dismiss a fall, struck-by incident or equipment failure as “just part of the job.” Yet, some temperature-related conditions, such as heat exhaustion, frostbite and hypothermia, are often accepted as unavoidable consequences of working conditions. Temperature-related incidents likely won’t command the same attention as a crane collapse, but understating their seriousness can be a costly mistake. As extreme weather becomes more frequent and unpredictable, that mindset is becoming increasingly difficult to defend.
Extreme weather is not simply a seasonal inconvenience; it’s a serious occupational hazard. Heat waves, cold snaps and rapid temperature swings can contribute to serious injuries and fatalities—or SIFs—productivity losses and costly project disruptions. A single temperature-related incident can quickly become an OSHA recordable and project management challenge. Reduced physical and impaired cognitive performance from heat or cold stress can increase the risk of workplace incidents long before a medical emergency occurs.
Reprinted courtesy of
Jordan Graustark, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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The Best Lawyers in America® - Ball Janik Attorneys Earn Multiple Recognitions
September 01, 2026 —
Ball Janik LLPOrlando, FL, August 20, 2026 – Ball Janik LLP is pleased to announce that 24 of its attorneys have been recognized in the 2027 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America. The 33rd Best Lawyers edition recognitions are based on peer review and highlight attorneys across a range of practice areas. This recognition underscores the broad experience Ball Janik's attorneys bring to the firm's construction defect practice.
"We're proud to be recognized by Best Lawyers again this year," said James C. Prichard, Managing Partner of Ball Janik LLP. "These honors reflect the expertise and depth of our team, our continued growth across Florida, and our commitment to providing strong counsel to clients in complex construction, insurance recovery, and litigation matters."
Ball Janik attorneys recognized in the 2027 edition of The Best Lawyers in America® include:
Keegan A. Berry — Construction Law
Brian T. Crevasse — Construction Law; Litigation - Construction
Todd Demetriades — Litigation - Construction
Joseph R. Fitos — Construction Law; Litigation - Construction
Megan A. Picataggio — Construction Law
Jon E. Lemole — Construction Law; Litigation - Construction
Salvatore G. Scro — Construction Law
Nicholas B. Vargo — Construction Law; Litigation - Construction
Kelly M. Corcoran — Construction Law
Gabriel Z. Coelho — Construction Law
Evan J. Small — Construction Law; Litigation - Construction
Franchesco Soto — Construction Law; Litigation - Construction
Phillip E. Joseph — Litigation - Construction; Real Estate Law
James C. Prichard — Construction Law
Ball Janik attorneys recognized in the 2027 edition of Best Lawyers: Ones to Watch® in America include:
Nicholas Passantino — Litigation - Construction
Amanda L. Gonzalez — Construction Law; Litigation - Construction
Morgan N. Lester — Litigation - Construction
Chris S. Tribbey — Construction Law
Kyle Bugden — Construction Law; Litigation - Construction
Brian Tannenbaum — Construction Law
Kayla Mosquera — Insurance Law
Natasha L. Biela — Commercial Litigation
Elijah C. Waring, Jr. — Product Liability Litigation - Defendants
Greg K. Demers — Construction Law
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
WSHB Managing Partner Chad Dunigan Named Finalist for Jerrold S. Oliver "Ollie" Award of Excellence
May 12, 2026 —
Wood Smith Henning BermanChad Dunigan, Managing Partner of Wood Smith Henning & Berman's Orlando, Florida, office, has been selected as one of just four finalists for the prestigious Jerrold S. Oliver Award of Excellence, affectionately known in the construction defect community as the "Ollie" Award. This distinguished honor recognizes individuals who have made exceptional contributions and demonstrated unwavering dedication to advancing the field of construction defect law.
Named in honor of the late Judge Jerrold S. Oliver, a revered founder of alternative dispute resolution in construction defect claims and litigation, the Ollie award symbolizes loyalty, commitment, and trust within the industry. Judge Oliver's legacy as a staunch believer in the resolution process continues to inspire professionals who strive for excellence in the construction defect community.
Read the full story...Reprinted courtesy of
Wood Smith Henning Berman
The Great Escape: Non-Invalidation Clauses and Property Damage Claims
October 20, 2026 —
Abigail Smith & Kaarthiga Manimaran - SDV FenchurchAt their core, non-invalidation clauses (“NICs”) recognise an important commercial reality: an insured cannot control everything that happens at its premises.
In the event that an insured finds itself in breach of a condition or warranty owing to events that have increased the risk of damage to its property, but which were outside its authority, knowledge or beyond its control, a NIC may prevent the insurer from avoiding the claim. For that reason, they’re an important tool in an insured’s coverage arsenal.
Although there is relatively little caselaw on NICs, their purpose was recognised in The Seashell of Lisson Grove Ltd v Aviva Insurance Ltd [2011] EWHC 1761 (Comm) (on which we wrote a previous article –
The Good, the Bad & the Ugly: #26 The Good: The Seashell of Lisson Grove Ltd v Aviva)
Reprinted courtesy of
Abigail Smith, SDV Fenchurch and
Kaarthiga Manimaran, SDV Fenchurch
Ms. Smith may be contacted at abigail.smith@sdvfenchurch.uk
Ms. Manimaran may be contacted at kaarthiga.manimaran@sdvfenchurch.uk
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It’s More Than a Feeling: Proving Construction Damages and When You Should Hire an Expert to Help Do It
July 27, 2026 —
Bradley E. Sands & Katie McCracken - ConsensusDocsWhen you win a bid, you might be singing that everything is going your way. Then something goes wrong. The owner hands you defective plans, sits on RFI responses or other critical information, or otherwise upends the work. The costs pile up through no fault of your own. You feel wronged, and you want to be made whole. But a feeling that you got burned is not enough. To recover, that feeling has to become something the law recognizes as damages. So, what are damages, and how do you prove them?
At bottom, contract damages are the money that puts the non-breaching party (i.e., the party that doesn’t breach the contract) in the position it would have occupied had the contract been performed.
Reprinted courtesy of
Bradley E. Sands, Jones Walker LLP and Katie McCracken, Summer Associate, University of Georgia School of Law
Read the full story...Mr. Sands may be contacted at
bsands@joneswalker.com
A Nuclear Power Hangover: Controversies Plague New York's Indian Point Plant Cleanup
November 02, 2026 —
Richard Korman - Engineering News-RecordMichael Tromblee was in for a late night. Of the many after-business-hour duties he performs as superintendent of the Hendrik Hudson school district about 25 miles north of New York City, attending meetings of a board overseeing cleanup of the Indian Point nuclear power plant, located in Buchanan, N.Y., was an infrequent but necessary chore. Since the plant shut down in 2021 and gradually stopped paying taxes to support the school district's students, between one-fourth and one-third of its annual budget funding vanished, and state transitional funds provided to bridge that gap will expire after the 2027-28 school year. Last year, Tromblee described the lost power plant tax revenue, about $25 million annually, as “a financial hit that no school district is built to withstand.”
Read the full story...Reprinted courtesy of
Richard Korman, Engineering News-RecordMr. Korman may be contacted at
kormanr@enr.com
The Deadline to File Suit on a Public Works Payment Payment Bond is Triggered by a Claimant’s Work on a Project Not by a Claimant’s Work Under a Contract
June 02, 2026 —
Garret D. Murai - California Construction Law BlogCalifornia law requires that prime contractors furnish a payment bond – providing for payment to lower-tiered subcontractors and suppliers – on state and local public works projects with a value in excess of $25,000. There are three conditions that must be satisfied when a claimant makes a claim against a payment bond on a public works project in California:
- First, generally, the claimant must have served a preliminary notice, unless the claimant is a first-tier subcontractor or supplier;
- The claimant must have “ceased to provide work” on the project; and
- The claimant must file suit against the payment bond no later than six (6) months after the period in which a stop payment notice must be given or, in other words, the earlier of 270 days after completion of the public works project or 210 days after a notice of completion or cessation was recorded on a public works project.
In
Tarlton & Sons, Inc. v. Great American Insurance Company, 111 Cal.App.5th 376 (2025), the 2nd District Court of Appeal examined whether a subcontractor timely filed a claim against a payment bond when a prime contractor was terminated and replaced by another prime contractor who the subcontractor continued to perform work for.
Read the full story...Reprinted courtesy of
Garret D. Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com