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DIRECTORY AND CAPABILITIES

Hunton’s Jae Lynn Huckaba Selected to Miami-Dade Bar’s 2026 Circle of Excellence for Insurance Law

October 26, 2026 — Hunton Insurance Recovery Blog
Congratulations to Hunton insurance coverage associate Jae Lynn (JL) Huckaba for being selected to the Miami-Dade Bar’s 2026 Circle of Excellence for Insurance Law. Now in its fifth year, the Miami-Dade Bar’s Circle of Excellence Awards recognize attorneys who exemplify the highest standards of skill, integrity, and professionalism across the county. Honorees are chosen by a panel of past Circle of Excellence recipients following a rigorous two-month review that incorporates input from the public, Bar members, and committee leadership. Read the full story...
Reprinted courtesy of Hunton Andrews Kurth LLP

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Don’t Forget to Include Termination Language in Your Contract

November 02, 2026 — David Adelstein - Florida Construction Legal Updates
A recent case explains why termination language or a basis to withhold contract sums is important in your contract. Don’t neglect this language or the negotiation that goes into having this language. In a recent dispute, GSD Contracting, LLC v. All American Builders & Debris Removal, Inc., 2026 WL 3068422 (Fla. 4th CA 2026), a subcontract included language that said that 10% retainage would be paid 90 days after final completion of the project. The subcontract did NOT include termination for cause language; it only included termination for convenience language. Towards the end of the project, mold was discovered warranting mold remediation. The subcontractor refused to perform until the mold was remediated. The general contractor claimed it was remediated but the subcontractor argued the remediation was insufficient because the contractor did not engage an industrial hygienist. After the subcontractor refused to complete its work, the general contractor terminated the subcontractor for cause. The subcontractor then sued the general contractor for its 10% retainage claiming the general contractor breached the subcontract. The trial court, as affirmed by the appellate court, agreed. The appellate court found that the contract required the general contractor to pay the subcontractor’s retainage 90 days after final completion and the project had long been completed. “Significantly, the subcontract does not contain a termination for cause provision or any pertinent provision permitting [the general contractor] to withhold or retain [the subcontractor’s] retainage following a termination…Nothing in the subcontract provides that [the general contractor] may thereafter withhold the retainage based on an alleged default by [the subcontractor].” GSD Contracting, supra, at *2. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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OC Streetcar Project Mediation Sets $50M Payment to Walsh

July 20, 2026 — Richard Korman - Engineering News-Record
Walsh Construction told a California state court judge last month that lawsuit mediation of its claims on an Orange County light-rail project—known as OC Streetcar—had produced a settlement of some claims under which the county agreed to pay the contractor almost an additional $50 million. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

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Generic Complaint Alleging Bad Faith is Insufficient

August 24, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court granted the insurer’s motion for judgment on the pleadings after determining that the insured’s claims for bad faith and unfair claims settlement practices were insufficiently pled. Navia v. State Farm Fire & Cas. Co., 2026 U.S. Dist. LEXIS 111261 (W.D. N. C. May 20, 2026). The insured submitted a claim for damages to real property owned by the insured allegedly caused by Hurricane Helene. State Farm advised the insured that only some of the claimed damages were covered by the policy and payment for such damages were denied because the estimate for the covered damages did not exceed the policy’s deductible. The insured sued asserting claims for breach of contract, bad faith, and unfair claim settlement practices. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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No Bad Faith Despite Insurer’s Appraisal Award Exceeding Initial Payment

August 03, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court granted the insurer’s motion for summary judgment, finding no bad faith despite the appraisal award exceeding the amount the insurer initially paid. Jazi Kat 4659 Rockridge LLC, et al. v. Travelers Cas. Ins. Co. of Am., et al., 2026 U.S. Dist. LEXIS 105634 (D. Ariz. May 13, 2026). Plaintiffs sued Travelers for breach of contract and bad faith, alleging that Travelers failed to pay money plaintiffs were owed under the policy. Plaintiffs held a commercial property policy for two properties. A fire destroyed one of the properties. Travelers adjusted the claim and issued two payments. Plaintiffs disagreed with the amount of the payments and demanded an appraisal. Travelers agreed to the appraisal. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Pulling the Plug, Preserving the Product: Protecting Rights to a Modular Subcontractor’s Work Post-Termination

June 08, 2026 — Paul Williamson - ConsensusDocs
Volumetric Modular Construction (VMC) is a building method where a structure is divided into large components or modules, fabricated in an offsite factory and then transported to a construction site for assembly.[1] Proponents of VMC hail it as a cost-efficient alternative to traditional building methods that leads to more consistent quality and shorter construction duration.[2] Due to a growing labor shortage, high demand for compressed project schedules, and stagnant construction productivity rates, the construction industry is embracing VMC.[3] A recent report on the market size of prefabricated construction estimates that from 2026 to 2031, VMC will grow at a compound annual growth rate of 7.16% and become a 413.11-billion-dollar industry.[4] As VMC becomes more prevalent, owners, general contractors, and subcontractors must consider how to effectively contract for modular construction. One important consideration, which this article focuses on, is navigating termination of a modular subcontractor. Read the full story...
Reprinted courtesy of Paul Williamson, Peckar & Abramson, P.C.
Mr. Williamson may be contacted at pwilliamson@pecklaw.com

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Owner Taking Assignment of General Contractor’s Claims Against a Subcontractor(s)

September 21, 2026 — David Adelstein - Florida Construction Legal Updates
Here’s a scenario that occurs in construction defect cases. An owner sues a general contractor and subs for construction defects. The owner settles with a number of parties and takes an assignment of the general contractor’s claims against some or all of the subs and pursues the remaining parties for indemnity based on the assignment of the general contractor’s claims. This was the scenario in Craftsman Plastering and Lath, Inc. v. Rath Mor, LLC, 2026 WL 2328032 (Fla. 4th DCA 2026). The owner settled with the general contractor and all subs except one. The owner took an assignment of the general contractor’s claim against the sub, and really the indemnity claim. The owner was then substituted as the real party in interest as it relates to the general contractor’s claims against the sub. The owner sought roughly $780,000 in attorney’s fees and costs in connection with the dispute claiming the sub was liable for such fees. The jury didn’t buy the argument and awarded the owner about $55,000. Basically, the jury seemingly prorated the fees by the number of parties, at least, that’s how the math worked out. The owner didn’t like that and moved for an additur to increase the jury’s verdict which the trial court granted. This was reversed on appeal despite the fact that a trial court has broad discretion to grant a motion for additur. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Ahlers Cressman & Sleight PLLC Recognized by Best Lawyers 2027

September 28, 2026 — Ahlers Cressman & Sleight PLLC
Continuing the trend from last year, Ahlers Cressman & Sleight PLLC is excited to announce that thirteen members of our firm have received recognition from Best Lawyers® in America for 2027. The Best Lawyers in America® has been an annual publication since 1983 and focuses on the top legal talent across the United States and the globe. Through its rankings, Best Lawyers® provides a comprehensive guide to legal representation for individuals and businesses alike. Over time, Best Lawyers® has been recognized as one of the leading publications for attorney achievements and references. Read the full story...
Reprinted courtesy of Ahlers Cressman & Sleight PLLC

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