Data Center Construction and the AEC Partner of the Future
April 14, 2026 —
Aarni Heiskanen - AEC BusinessDuring my involvement in designing mobile phone production facilities, the speed of design and construction was critical. Any delay could directly translate into lost revenue. That same logic now applies to data centers, though the stakes are much higher. Instead of optimizing physical production lines, we are constructing infrastructure for digital production.
The global data center capacity is expected to nearly double by 2030, and with this level of demand, the traditional project-by-project delivery model begins to show its limitations.
Data centers are no longer isolated projects in the traditional sense. They are evolving into repeatable, scalable production systems, making them ideal environments for AEC process and business model innovation.
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Eleventh Circuit Permits Florida Restrictions on Property Ownership by Certain Foreign Nationals to Go Forward
January 13, 2026 —
Minyao Wang - Lewis Brisbois NewsroomNew York, N.Y. (December 4, 2025) - On November 4, 2025, the U.S. Court of Appeals for the Eleventh Circuit issued a long-anticipated decision in
Shen v. Simpson, upholding the constitutionality of a Florida
law, SB 264, which restricts ownership of or investment in Florida real estate by individuals “domiciled” in the People’s Republic of China and to a lesser extent, other countries of concern (which are identified in the statute as Russia, North Korea, Iran, Cuba, Venezuela and Syria) who are not American citizens or green card holders. The restriction encompasses residential, commercial and agricultural real estate. Oral argument in the case was held on April 19, 2024, and it took the court almost one year and seven months to issue its opinion, an unusually long turn-around time.
This Update follows previous Lewis Brisbois alerts on Florida’s law and legal challenges to it.
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Minyao Wang, Lewis BrisboisMr. Wang may be contacted at
Minyao.Wang@lewisbrisbois.com
Texas Case Exposes Cracks in the Government Contractor Immunity Shield
November 09, 2025 —
Elaine Silver - Engineering News-RecordIt started with a horrific crash.
Pedro Alfonso Castaneda, the mainstay of a Texas family of five, had finished shopping at a plumbing supply store on an August afternoon in 2019, when he pulled up in his Toyota Tacoma pickup at an intersection adjacent to a busy highway overpass construction project in Pinehurst, Texas.
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Elaine Silver, Engineering News-RecordENR may be contacted at
enr@enr.com
Brian Newberry Accepted into ABOTA
November 18, 2025 —
Lewis Brisbois NewsroomProvidence, RI (October 13, 2025) - Lewis Brisbois is pleased to announce that Providence Partner Brian C. Newberry was recently accepted as a new member of the Rhode Island Chapter of the American Board of Trial Advocates (ABOTA) during the organization’s National Board Meeting in Austin, Texas on October 4, 2025.
In discussing his acceptance into the organization, Mr. Newberry noted, “It’s an honor to be accepted into ABOTA. Jury trials lie at the heart of the legal system and while our first priority as lawyers is to resolve disputes as economically and efficiently as possible for our clients, part of that pursuit depends on always being ready to present a case to a jury and it is critically important for both our clients and opposing counsel to know we stand at the top of the profession in that regard.”
Providence Managing Partner Lauren Motola-Davis stated, “ABOTA sets one of the profession’s highest bars for trial excellence and civility. Brian Newberry not only meets that standard - he exemplifies it. We’re thrilled for him and for ABOTA’s Rhode Island Chapter, and we know he’ll continue to strengthen Lewis Brisbois’ National Trial Practice.”
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Lewis Brisbois
Agent Not Liable for Loss Given Insured’s Vague Instructions for Coverage
April 08, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe Illinois Appellate Court affirmed the district court’s grant of summary judgment to the insured’s agent because there was no breach of duty. Jon Van Order v. Hauk, et al., 2025 Ill. App. Unpub. LEXIS 2378 (Ill. Ct. App. Dec. 23, 2025).
The insured began renovating a vacant home in October 2018. He met with agent Joseph Hauk and explained the property was vacant and would be going through renovations for the next several months. Hauk then procured a policy through Shelter Insurance Company insuring the vacant property against several specified perils. The policy provided coverage for water damage if “[t]he exterior of the building sustained a covered loss” and “that loss created an opening through which the water entered.” Damage caused by escaping water from within a plumbing system was excluded if: (1) the damage was caused by a “continuous or repeated leakage over a period of fourteen days or more” or (2) the insured premises had been vacant for 30 consecutive days immediately preceding the loss.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Turnover Traps for Community Associations: Investigate First, Release Claims Later
April 14, 2026 —
Nicholas B. Vargo - Ball Janik LLPTurnover of a community association from developer control to owner control is a uniquely vulnerable moment. Developers are increasingly presenting Florida condominium and homeowners’ associations with “standard” settlement or release agreements at turnover, often being framed as routine steps to finalize the transition of control. In reality, these agreements can have sweeping consequences, including the release of construction-defect claims before the association has conducted any meaningful independent evaluation.
The developer has years of project knowledge and access to plans, subcontractors, and internal records. The newly elected board is just beginning to organize, obtain documents, and understand the property’s condition. Many defects, especially those involving roofing, waterproofing, windows, or structural components, are latent and not yet visible. Signing a release at this stage means the association is making a binding decision under conditions of uncertainty, without full information, to release all future potential claims.
Over the last few years, there has been a rise in reports of developers offering a packaged deal: they agree to complete certain repairs, often minor punch-list or cosmetic items, and to “forgive” an alleged financial deficit (often around $50,000) supposedly owed by the association from the developer-control period. In exchange, the association is asked to sign a broad release covering all claims, including known and unknown construction defects. To a new HOA board that received their community with limited operating and reserve funds, they are left with a difficult decision to either accept the developer’s offer or assess their owners to pay this alleged debt.
These agreements are occasionally presented through community management companies, which may describe them as “standard” or "routine.” Whether due to misunderstanding or influence from the developer, management companies can unintentionally reinforce the idea that signing is expected. Any recommendation provided to HOAs about whether to sign these releases could open community management to liability down the road. The best practice for both associations and community managers is to refer any agreements to be reviewed by general counsel for the association.
The following two case studies illustrate the real-world consequences:
Case Study One: A newly transitioned board relies on its management company to negotiate with the developer-builder to resolve irrigation issues, pond concerns, and signage deficiencies, along with forgiving an asserted financial shortfall. In exchange, the board signs a broad release covering all claims, including latent defects.
Within a year, several punch-list items remain incomplete, and more serious issues arise. When the association demands completion, the developer delays, prompting the association to seek advice on how to enforce the settlement agreement. The association hires counsel to hold the developer responsible for both the previously agreed-upon items and newly identified construction defects. However, when the association brings claims against the developer, the developer points to the release of all potential construction defects in the community. Thus, the only remaining remedy is limited to enforcement of the specific punch-list terms. The community, still relatively new, has no viable claims against the developer-builder for the construction defects. With warranties expired and the release, the association must fund repairs through special assessments, despite defects that would otherwise have been actionable.
Case Study Two: A community is presented with a similar agreement as above. The management company encourages execution, suggesting it is standard and even telling the board to “name your price.” The developer also pressures the newly elected board to sign.
Instead of signing, the board consults with their attorney. Counsel advises the board not to sign the release and recommends further investigation. Engineers are retained and identify early indicators of broader issues, including stucco cracking, water intrusion, and irrigation deficiencies. Based on this information, the association declines to sign the release. Subsequent evaluation reveals potentially significant construction-defect claims, allowing the community to pursue recovery that would have been lost under the proposed agreement.
These scenarios underscore a fundamental point: signing a release at turnover is not an administrative formality—it is a major legal decision. Board members act in a fiduciary capacity on behalf of their community, and their decisions can bind all current and future owners. At turnover, an association’s right is to investigate and pursue claims. Preserving that right until a full and independent evaluation is completed is not adversarial—it is responsible governance.
Accordingly, associations should retain independent evaluations of the property and consult qualified legal counsel before signing any “standard” agreements, especially ones involving a release of future claims.
Nicholas B. Vargo is a partner in Ball Janik LLP’s Construction Practice Group. He may be reached at nvargo@balljanik.com.
GRSM Attorneys Named Finalists in 2026 Women, Influence & Power in Law Awards
March 10, 2026 —
Gordon Rees Scully MansukhaniGordon Rees Scully Mansukhani attorneys have been shortlisted as finalists for Corporate Counsel’s 2026 Women, Influence & Power in Law (WIPL) Awards, which honor women leaders who
Professional Liability Insurance Considerations When Design Professionals are InvolvedApplication of Ordinance and Law Coverage in Property Insurance Policy and Twenty-Five Percent RuleCourts Will Not Rewrite Your Post-Loss Property Insurance ObligationsProduct Liability Alert: Evidence of Apportionment of Fault Admissible in Strict Products Liability ActionCaltrans Reviewing Airspace Program in Aftermath of I-10 FireDon’t Overlook Leading Edge HazardsConstruction Litigation Roundup: “It’s None of Your Business.”Well-Insulated: Predict the Unpredictable Construction CostsArchitect Plans to 3D-Print a Two-Story HouseInsurance Firm Defends against $22 Million ClaimBoard of Directors Guidance When Addressing Emergency Circumstances Occasioned by the COVID-19 PandemicBaby Boomer Housing Deficit Coming?South Carolina Supreme Court Finds that Consequential Damage Arise From "Occurrence"Insurer’s Late Notice Argument Fails Due to Lack of PrejudiceDevelopers Can Tap into DOE’s $400 Million for Remote and Rural Clean Energy ProjectsHousing Bill Threatened by Rift on Help for DisadvantagedNegligence of Property AppraiserLook Out! Texas Building Shedding Marble PanelsPart I: Key Provisions of School Facility Construction & Design ContractsAvoid Delay or Get Ready to Pay: The Risks of “Time-Is-of-The-Essence” ClausesScope of Products Requiring Proposition 65 Warnings in California Poised to GrowContract Change # 10: Differing Site Conditions (law note)Federal Court Opinion Has Huge Impact on the Construction IndustryCalifornia Governor Signs SB 496 Amending California’s Anti-Indemnity StatuteWichita Condo Association Files Construction Defect LawsuitDear Engineer: Has your insurer issued a “Reservation of Rights” letter? (law note)California Team Secures Appellate Victory on Behalf of Celebrity Comedian Kathy Griffin in Dispute with Bel Air NeighborAllegations Confirm Duty to Defend Construction Defect ClaimsRepairs Commencing on Defect-Ridden House from Failed State Supreme Court CasePayne & Fears Secures $1.9 Million in Defense Costs for Homebuilder Client in Summary Judgment Win Against InsurerChallenging Enforceability of Liquidated Damages (In Federal Construction Context)How to Deal with Contractor Delays – Bad Contractor Series Part 2Blackstone Suffers Court Setback in Irish Real Estate DramaProactively Addressing Potential Construction ClaimsGovernment’s Termination of Contractor for Default for Failure-To-Make ProgressWall Street’s Favorite Suburban Housing Bet Is Getting CrowdedAppetite for DeconstructionCandlebrook Adds Dormitories With $230 Million PurchaseDelaware State Court Holds that Defective Workmanship Claims do not Trigger Coverage by a Builder’s Commercial General Liability PolicyUpdates to AIA Contract ApplicationsHow Artificial Intelligence Can Transform ConstructionPatagonia Will Start Paying for Homeowners' Solar PanelsVirginia Decision Emphasizes Importance of Naming All Necessary PartiesAnother Law Will Increase Construction Costs in New YorkCoffee Beans, Mars and the 50 States: Civil Code 1542 Waivers and Latent DefectsBuffalo, NY Stadium Work Resumes After Suspects ID'ed in $150K Graffiti VandalismAssert a Party’s Noncompliance of Conditions Precedent with ParticularityAt the Border of Contract and Torts in Construction DisputesBerger: FIGG Is Slow To Hand Over All Bridge Collapse DataWar-Torn Ukraine Looks to Europe’s Green Plans for Reconstruction IdeasAI Adoption in Construction: A UK Practitioner’s ViewLimitations: There is a Point of No ReturnWomen Make Slow Entry into Building TradesUPDATE: ACS Obtains Additional $13.6 Million for General Contractor Client After $19.2 Million Jury Trial VictoryJust When You Thought General Contractors Were Necessary Parties. . .Kahana Feld Texas Team Obtains a Summary Judgment MotionGuarantor’s Liability on Partially Secured Debts – The Impacts of Pay Down Provisions in Serpanok Construction Inc. v. Point Ruston, LLC et al.The Prompt Payment Act Obligation is Not Triggered When the Owner Holds Less Retention from the General ContractorMidview Board of Education Lawsuit Over Construction Defect RepairsHomeowner may pursue negligence claim for construction defect, Oregon Supreme Court holdsCold Weather Causes Power Blackouts, Disruptions on JobsitesLumber Liquidators’ Home-Testing Methods Get EPA ScrutinyBWB&O Expands to North San DiegoCGL Coverage Dispute Regarding the (J)(6) And (J)(7) Property Damage ExclusionsThese Are the 13 Cities Where Millennials Can't Afford a HomeJobsite Safety Should Be Every Contractors' PriorityConstruction Industry Survey Says Optimism Hits All-Time High2017 Susan G. Komen Race for the Cure
