Wilke Fleury is proud to congratulate attorneys recognized in the 2027 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America.
September 15, 2026 —
Wilke FleuryThe Best Lawyers in America®:
Dan Egan,
Daniel Foster,
David Frenznick, and
George Guthrie.
Best Lawyers: Ones to Watch® in America:
Islam M. Ahmad,
Kathryne Baldwin,
Melissa Eaton,
Jason Eldred, and
Mustafa Karim.
Congratulations to this outstanding group!
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Wilke Fleury
Bona Fide Dispute Defeats Violation of Prompt Payment Act
June 15, 2026 —
David Adelstein - Florida Construction Legal UpdatesMost, if not all, jurisdictions, including the federal government, have what is known as a “Prompt Payment Act.” The objective is to ensure prompt payment. If prompt payment is not made, the Prompt Payment Act provides for interest penalties, as well as potentially other costs such as attorney’s fees.
But the thing is, it’s not as simple as untimely payment to support the recourse and interest penalties the applicable Prompt Payment Act affords. And the teeth associated with the applicable Prompt Payment Act are not as sharp as perhaps the party claiming untimely payment prefers.
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David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
The Drawing Changed. Did You Catch It? A Hard Lesson for Contractors About Revised Plans
November 09, 2026 —
Matthew J. Devries - Best Practices Construction Law BlogEvery contractor has seen it. A revised drawing hits your inbox. You open the sheet, look for the clouds, figure out what changed, and move on. But what if something changed outside the cloud?
That seemingly simple question became a very expensive problem in Young Contracting/SE, Inc. v. Pitt Excavating, LLC, (Oct. 30, 2026), a recent Tennessee Court of Appeals decision involving a general contractor and its excavation subcontractor. The subcontract required Pitt to perform its work in accordance with the project drawings and specifications, “as amended from time to time.”
During the project, Young sent Pitt a revised drawing. Pitt’s owner testified that his practice was to look at the clouded areas because he understood those areas to identify what had changed. He explained that he presumed the rest of the drawing remained the same. Guess what? That assumption did not work out well.
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Matthew J. Devries, BuchalterMr. Devries may be contacted at
mdevries@buchalter.com
New York Orders Moratorium on Large Data Center Permits
July 27, 2026 —
Levi W. Barrett - Peckar & Abramson, P.C.Levi W. Barrett, Co-Managing Partner of Peckar & Abramson’s New Jersey office, Co-Chair of the firm’s
Construction Contracts & Risk Management team, and Executive Committee Member, was recently quoted in “New York Orders Moratorium on Large Data Center Permits,” an article written by
Engineering News-Record (ENR). The article examines New York Governor Kathy Hochul’s executive order temporarily halting state environmental permit reviews for certain large-scale data center projects while regulators develop a comprehensive framework to address the sector’s energy demands, water consumption, environmental impacts, and effects on local communities. It also explores the broader implications of the moratorium for developers, contractors, investors, and other stakeholders, as well as the ongoing debate between economic development, AI-driven infrastructure growth, and environmental and utility ratepayer concerns.
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Levi W. Barrett, Peckar & Abramson, P.C.Mr. Barrett may be contacted at
lbarrett@pecklaw.com
Texas Prepares to Restart Data Center Construction, with Around 300 Projects Under Review And 6,608 MW Awaiting Energization Approval, Driving Demand for Rapid-Response Lifting Operations
October 20, 2026 —
SarensTexas is experiencing an unprecedented increase in power demand. The ERCOT (Electric Reliability Council of Texas) power grid reached a record peak demand of 91.1 GW in summer 2026, 6% above the previous record, according to the U.S. Energy Information Administration (EIA). This is compounded by interconnection requests totaling around 474 GW, more than five times the record peak, with approximately 90% of these requests related to data centers, according to the Office of the Governor of Texas. Within this context, authorities have launched a comprehensive review process. In August , the Governor directed the Public Utility Commission of Texas (PUCT) and ERCOT to audit all data centers progressing toward grid connection, covering around 300 projects. ERCOT has also suspended approvals to energize data centers of 75 MW or more and has set December 10 as the date for the publication of its reports.
For the industry, this pause creates a valuable planning window. Goldman Sachs notes that it takes 18 to 24 months to build a data center once permits have been secured, while only 50% to 60% of planned capacity is delivered on schedule. Supply chain constraints and labor shortages are among the most common causes of delays. In this context, construction agility is becoming increasingly critical. A one-month delay at a typical 60 MW U.S. data center is estimated to cost up to $14.2 million in lost revenue, additional costs and penalties, according to STL Partners data. Against this backdrop, Sarens, which has operated in the U.S. since 2009 and is headquartered in Houston, with offices also in Odessa and Beaumont, positions as a logistics partner for developers and contractors preparing for the execution phase.
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Sarens
Legal 500 US Ranks Hunton’s Insurance Coverage Team Among Top Policyholder Practices in 2026 Guide
July 06, 2026 —
Hunton Insurance Recovery BlogHunton’s insurance coverage practice was once again recognized among the nation’s top policyholder insurance practices, receiving a Band 2 national ranking in the 2026 United States Edition of The Legal 500 for Insurance: Advice to Policyholders. The Legal 500 recognizes firms solely based on merit through numerous factors including client feedback and peer input.
Bolstering the team’s national recognition, several coverage lawyers received individual accolades: special counsel
Lorelie “Lorie” S. Masters was named to The Legal 500’s Hall of Fame; team head
Syed S. Ahmad and partner
Michael S. Levine were named Leading Lawyers; and partners
Andrea DeField and
Latosha M. Ellis were named Next Generation Partners. In addition, partners
Walter J. Andrews,
Lawrence J. Bracken II, and
Koorosh “KT” Talieh were recognized as Key Lawyers on the team.
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Hunton Andrews Kurth LLP
ACEC Supports BUILD America 250 Act as Important First Step on Surface Reauthorization
May 26, 2026 —
The American Council of Engineering CompaniesWASHINGTON -- The American Council of Engineering Companies (ACEC), the business voice of America’s engineering and design services industry released the following statement on the BUILD America 250 Act:
"Chairman Graves and Ranking Member Larsen have taken an important bipartisan step toward reauthorizing the federal surface transportation programs that are critical to economic growth in every state. The BUILD America 250 Act provides five years of stability in funding road and transit projects, raises new revenues to address the solvency of the Highway Trust Fund, and includes meaningful provisions to strengthen project delivery, advance digital infrastructure, and improve the contracting framework that engineering firms rely on every day. ACEC will continue to advocate for investment levels that keep pace with the country's growing infrastructure needs, and we urge the Committee to keep this process moving forward."
The American Council of Engineering Companies (ACEC) is the business association of America’s engineering industry, representing more than 5,500 independent engineering firms and more than 650,000 professionals throughout the United States engaged in the development of America’s transportation, water, and energy infrastructure, along with environmental, industrial, and other public and private facilities. Founded in 1906 and headquartered in Washington, D.C., ACEC is a national federation of 51 state and regional organizations.
Additional Insureds Obligated to Meet Self-Insured Retention
October 20, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe federal district court found that the additional insureds had to meet the policy’s self-insured retention before a duty to defend was triggered. Amerisure Ins. Co. v. Premier Design & Build Group, LLC, 2026 U.S. Dist. LEXXIS 170741 (N.D. Ill. July 31, 2026).
Amerisure issued CGL and umbrella policies to Premier Design & Build Group, LLC. Amerisure had the right and duty to defend in certain suits for property damage under both policies.
Premier contracted with MG East, LLC (MGE) to build three buildings. After the buildings were constructed, MG filed suit against Premier in state court, seeking recovery for allegedly defective installation of the roof, flashing, and gutters on each of the buildings. Premier had subcontracted with Tecta American Sough Florida, Inc. to install the flashing.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com