Credibility Matters…Even in Delay Claims
September 29, 2026 —
David Adelstein - Florida Construction Legal UpdatesCredibility matters. Here’s another example involving a delay claim on public private partnership delivery method.
The project agreement required claims to be tried by a hearing examiner. The public private partnership developer (for lack of a better term) submitted delay claims that it contended were caused by Miami-Dade County. The hearing examiner awarded the developer delay time and compensation. On appeal, the County argued that the delays awarded by the hearing examiner were concurrent critical path delays with other delays caused by the developer’s team (the developer’s contractor). This was demonstrated by the fact that in an attempt to mitigate the County delay, the contractor’s incorporated a schedule fragnet into its schedule to mitigate delay that showed the critical path was driven by events deemed caused by the contractor. This was also reported in the contractor’s monthly updates. The developer argued that its mitigation plan did not work and, thus, the schedules showed a hypothetical delay caused by the contractor when, in actuality, it was the County-caused delay that drove the critical path. The hearing officer agreed with the contractor.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Best Lawyers Recognizes 33 White and Williams LLP Lawyers
August 24, 2026 —
White and Williams LLPWhite and Williams LLP is pleased to congratulate our attorneys recognized among the 2027 Best Lawyers in America® rankings.
Best Lawyers® has recognized Michael W. Horner, Chair of the Healthcare Group and Managing Partner of the Cherry Hill, NJ Office, as a 2027 "Lawyer of the Year” in the area of Litigation - Insurance for Cherry Hill. Michael Horner’s has extensive experience litigating, mediating and arbitrating complex catastrophic cases throughout multiple jurisdictions in the Northeast, with litigation and counseling experience that spans several decades in the areas of healthcare, catastrophic loss and employment matters in multiple state and federal jurisdictions.
Read the full story...Reprinted courtesy of
White and Williams LLP
The Most Expensive Signature to Not Get: Why Change Orders Matter
August 16, 2026 —
Kathryne E. Baldwin - Wilke FleuryGeorge Bernard Shaw has a quote we use a lot in my family: “The single biggest problem in communication is the illusion that it has taken place.” This is pertinent to contractors and homeowners alike because the cost of failing to get proper signatures on documents like construction contracts, and particularly, change orders, is heavy. Both contractors and homeowners are in the same boat as far as wanting to complete a job as swiftly as possible: contractors go on to their next job and homeowners can return to peace in their home. This is prime territory for either party to suggest the work be completed today and the contract or change order executed tomorrow, or even later. However, without a contract, there is no memorialization of the communication between the parties, which can lead to confusion and missed expectations on both sides.
Construction plans are rarely as neat and tidy as they originally seem to be. A contractor may uncover unforeseen conditions, an owner may request additional work or changes that require additional work, or weather interferes with project schedules or the work itself. Unfortunately, the signature that never gets collected can become one of the most expensive omissions on a project – for both sides.
Read the full story...Reprinted courtesy of
Kathryne E. Baldwin, Wilke FleuryMs. Baldwin may be contacted at
kbaldwin@wilkefleury.com
Real Estate & Construction News Roundup (7/15/26) – The World Cup’s Effect on Commercial Real Estate, Megadeals Lift CRE Sales and Algorithmic Pricing Lawsuits Continue
July 27, 2026 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, DOT earmarks $1.73B in BUILD grants, federal housing bill becomes law, data center surge cools off, and more!
- Data center planning cooled off month over month from “extraordinary levels” to start the summer, while other areas of construction finally picked up a little steam. (Sebastian Obando, Construction Dive)
- The U.S. Department of Transportation announced $1.73 billion in 2026 BUILD grants covering 127 projects across 50 states, Washington, D.C., American Samoa, Guam and Puerto Rico. (Joe Bousquin, Construction Dive)
- As algorithmic pricing lawsuits continue to play out around the country, more apartment owners and managers have settled. (Julie Strupp, Multifamily Dive)
Read the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
Voluntary Dismissal of an Indemnity Claim Does Not Make the Subcontractor a “Prevailing Party,” Washington Court of Appeals Holds
September 21, 2026 —
Margarita Kutsin - Ahlers Cressman & Sleight PLLCIn
King County v. Walsh Construction Company II, LLC, No. 86503-0-I (Wash. Ct. App. Aug. 4, 2025), an unpublished decision from Division I of the Washington Court of Appeals, the Court affirmed the denial of a subcontractor’s request for prevailing-party attorney fees under an indemnity clause after the general contractor voluntarily dismissed its indemnity claims. Because the indemnity claim was no longer live and no determination of fault had occurred, the Court held that the trial court did not err in denying the request. ACS represented Walsh, the general contractor, in securing the denial of the fee request at the trial court that the Court of Appeals affirmed.
A Pass-Through Indemnity Claim That Ended Before Fault Was Decided
The dispute arose out of a public works contract under which King County hired Walsh Construction Company II, LLC (“Walsh”) to construct and install a conveyance pipeline. After the pipeline broke, King County sued Walsh for breach of contract and warranty, expressly identifying both Walsh and its subcontractor, Mears Group Inc., (“Mears”) as responsible. Walsh tendered defense and indemnity to Mears under the subcontract.
Read the full story...Reprinted courtesy of
Margarita Kutsin, Ahlers Cressman & Sleight PLLCMs. Kutsin may be contacted at
margarita.kutsin@acslawyers.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
Federal Bid Protest Standard of Review and Disparate Treatment with Ratings
August 16, 2026 —
David Adelstein - Florida Construction Legal UpdatesA recent decision out of the Federal Claims Court explains the post-award bid protest standard of review.
In Massman Construction Co. v. U.S., 2026 WL 1971985 (Fed.Cl. 2026), a protestor brought a post-award bid protest after the Army Corps of Engineers awarded the contract to another contractor. The protestor argued that the Army Corps (government) acted irrational in its evaluation through disparate treatment. The Court of Federal Claims agreed and remanded for the Army Corps to “either justify this disparity or explain why [awardee’s] lower-priced, but technically inferior proposal provides the best value to the government.” Massman Construction, supra at *1.
Brad Pitt’s Foundation Sues New Orleans Architect for Construction DefectsRaw Sewage Spill Fouls Waters Between San Diego and Tijuana, MexicoRoof's "Cosmetic" Damage From Hail Storm CoveredMessage from the Chair: Kelsey Funes (Volume I)Giving Insurance Carrier Prompt Notice of Claim to Avoid “Untimely Notice” DefenseColorado Court of Appeals’ Ruling Highlights Dangers of Excessive Public Works ClaimsJurisdictional Conflict Over “Related Claims”: Montana Federal Court Latest to Weigh in on When Claims Are RelatedLewis Brisbois Moves to Top 15 in Law360 2022 Diversity SnapshotThe Investors Profiting Off Water ScarcityNew Plan Submitted for Explosive Demolition of Old Tappan Zee BridgeBailout for an Improperly Drafted Indemnification ProvisionAnd the Winner Is . . . The Right to Repair Act!Construction Delays for China’s Bahamas Resort ProjectPoor Pleading Leads to Loss of Claim for Trespass Due to Relation-Back Doctrine, Statute of LimitationsJason Feld Awarded Volunteer of the Year by Claims & Litigation Management Alliance“He Chose…Poorly: How Bad DSC Clauses Lead to Project Doom in the Last Crusade of Construction Risk”DEP Plan to Deal with Noxious Landfill Fumes Met with CriticismBHA at The Basic Course in Texas Construction LawDo We Need Blockchain in Construction?North Carolina Supreme Court Addresses “Trigger of Coverage,” Allocation and Exhaustion-Related Issues Arising Out of Benzene-Related ClaimsWest Coast Casualty Promises Exciting Line Up at the Nineteenth Annual ConferenceFEMA, Congress Eye Pre-Disaster Funding, ProjectsThere's No Such Thing as a Free HouseThank You for Seven Years of Election to Super LawyersNoncompete Agreements: How to Navigate the Changing LandscapeConstruction Defect Suit Can Continue Against PlumberEPA Seeks Comment on Clean Water Act Section 401 Certification RuleVincent Alexander Named to Florida Trend’s Legal EliteThe EPA and the Corps of Engineers Propose Another Revised Definition of “Waters of the United States”GRSM Team Wins Summary Judgment in Million-Dollar HOA DisputeLegal Implications of 3D Printing in Construction LoomAarow Equipment v. Travelers- An UpdateHammer & Hand’s Top Ten Predictions for US High Performance Building in 2014Boston Construction Bands With Health Care to Fight COVID-19Lost in Translation: AEC Tech’s Missing RoleWater Leak Covered for First Thirteen DaysWomen Make Slow Entry into Building TradesGeneral Contractors Have Expansive Common Law and Statutory Duties To Provide a Safe WorkplaceReal Protection for Real Estate Assets: Court Ruling Reinforces Importance of D&O InsuranceExploring Architects’ Perspectives on AI: A Survey of Fears and HopesForm Contracts are Great, but. . .Ohio “property damage” caused by an “occurrence.”Court Denies Insured's Motion to Dismiss Complaint Seeking to Compel AppraisalJaneen Thomas Installed as State Director of WWBA, Receives First Ever President’s AwardFrom Both Sides Now: Looking at Contracts Through a Post-Pandemic LensNot All Warranty E-Mails Are Notices of ClaimNo Bad Faith In Filing InterpleaderBlog: Congress Strikes a Blow to President Obama’s “Fair Pay and Safe Workplaces” Executive Order 13673Haight Brown & Bonesteel Attorneys Named Super Lawyers in 2016New Year’s Resolution: Engineering the “Tee-Up Day” for Complex Construction MediationsThink Before you Execute that Release – the Language in the Release Matters!Home Sales and Stock Price Up for D. R. HortonScary Movie: Theatre Developer Axed By Court of Appeal In Prevailing Wage Determination ChallengeNot to Miss at This Year’s Archtober FestivalGovernmental Action Exclusion Bars Claim for Damage to Insured's BuildingAfter Elections, Infrastructure Talk Stirs AgainMore Construction Defects for San Francisco’s Eastern Bay Bridge ExpansionA Tort, By Any Other Name, is Just a Tort: Massachusetts Court Bars Contract Claims That Sound in NegligenceHunton Insurance Partner, Larry Bracken, Elected to the American College of Coverage CounselThe Condominium Warranty Against Structural Defects in the District of ColumbiaWhite and Williams Announces Lawyer Promotions, Four Attorneys Promoted to Partner and One Attorney Promoted to CounselAttorney’s Fees Entitlement And Application Under Subcontract Default Provision