The Firm Turns 16!
July 20, 2026 —
Christopher G. Hill - Construction Law MusingsI have always found it appropriate that my jump to solo practice and Independence Day are so close in time. Today marks the 16th anniversary of
my first day as a solo practitioner of construction law at
The Law Office of Christopher G. Hill, PC. Time sure has flown by thanks to the great clients and friends who followed me to solo practice and whom I have met since the firm’s founding on July 1, 2010. I also could not have made the transition and had the fun and success I have enjoyed over the past 16 years without the support of the best wife and family that any construction lawyer could want.
Since the firm’s last anniversary, my youngest child (who was 7 when this journey began!) has graduated from N. C. State University with a fisheries and wildlife biology degree and is currently in Casper, Wyoming working for
Wyoming Game & Fish, my second oldest is an assistant director of admissions at
Appalachian State University in Boone, NC, and has celebrated his second wedding anniversary, and my oldest has celebrated her fifth marriage anniversary. Our home in Captiva, Florida continues its recovery from from Hurricane Ian and subsequent hurricanes.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. Hill
Segal McCambridge Recognized in 2026 Chambers USA Rankings
June 15, 2026 —
Segal McCambridgeLos Angeles, CA, June 8, 2026 -
Segal McCambridge is pleased to announce that the firm has been recognized as a leader by Chambers USA in California. The firm is listed in the Chambers-ranked department, receiving a
Band 5 ranking for construction in California. The ranking further reinforces the firm's commitment to supporting California's construction market, from owners to developers and contractors, in high-stakes disputes statewide.
"Chambers' research-driven process and independence make this acknowledgment especially meaningful. We're proud of this ranking and grateful to our clients and colleagues whose consistent trust and collaboration make our work possible," said Jason P. Eckerly, Managing Shareholder of Segal McCambridge.
Chambers and Partners is widely regarded as one of the legal industry's most respected and independent ranking organizations. Operating across 200 jurisdictions and relied on in more than 70 countries, Chambers has, since 1990, conducted rigorous research to identify leading lawyers and law firms through a methodology that combines analysis of firm capability, achievement, and market presence through interviews and assessment of recent matters across more than 1,400 U.S. ranking tables, covering all 50 states, Washington, DC, and nationwide.
About Segal McCambridge
Segal McCambridge has built a reputation as a national law firm of accomplished trial attorneys for almost four decades. Founded in 1986, the firm has grown from a four-lawyer shop in Chicago to a firm with more than 20 offices nationwide. The firm routinely counsels and defends clients, including Fortune 500 companies, corporations, and individuals, across the United States in complex litigation matters, including, but not limited to: asbestos, class action, construction, employment, environmental, food and beverage, insurance coverage and bad faith, life sciences, product liability, professional liability, technology and cyber risk, transportation, and warranty. For more information, visit: www.segalmccambridge.com.
Ball Janik LLP Strengthens Miami Construction Defect Team with Litigator Nicolas Aixala
October 26, 2026 —
Ball Janik LLPMIAMI, FL, October 22, 2026 —
Ball Janik LLP has added Nicolas Aixala to its Construction Defect Practice Group as an associate in the firm's Miami office. Aixala brings experience in construction and civil litigation, along with a perspective many litigators don't have: a view from the public side of development, gained researching land use and zoning matters for the City of Miami.
"Construction disputes in South Florida rarely stay inside the four walls of a building. Zoning, permitting, and local regulation are often part of the story," said James C. Prichard, Managing Partner of Ball Janik LLP. "Nicolas has seen that landscape from the city's side of the table, and he pairs it with solid litigation training. That combination helps us quickly size up the development and regulatory issues our clients face. We're glad to have him on our Miami team."
Before joining Ball Janik, Aixala clerked at Miami-area law firms, supporting attorneys in construction litigation and a range of civil matters through legal research, motion practice, discovery, deposition preparation, and trial preparation. He also interned with the City of Miami, assisting with legal research and opinions on land use and zoning matters, including the City of Miami Zoning Code, known as Miami 21. That work gave him a close look at how local policy shapes development, and how it affects the neighborhoods and property owners who live with the results.
"A building is one of the biggest investments a property owner will ever make, and when construction goes wrong, they need advocates who understand both the courtroom and the local landscape," said Aixala. "Ball Janik handles complex construction litigation with a practical, client-focused approach. I'm excited to bring my litigation experience and local knowledge to this team and to the property owners it serves across South Florida."
Aixala earned his J.D. from the University of Miami School of Law, where he was a member of the Yvette Ostolaza Mock Trial Team and the Cuban American Bar Association. He received his B.S. in Business Administration from the University of Central Florida, with a minor in Legal Studies and a certificate in Entrepreneurship.
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.
Presumption of Prejudice Applies to All Affirmative Defenses Regarding Insured’s Failure to Comply with Post-Loss Policy Conditions
June 23, 2026 —
David Adelstein - Florida Construction Legal Updatesn a recent property insurance coverage dispute, an issue on appeal pertained to the “prejudice” jury instruction associated with the insured’s failure to comply with post-loss policy conditions. The trial court found that the prejudice only pertained to prompt notice and not other post-loss policy conditions. This was reversed on appeal as prejudice applied to ALL the post loss policy conditions that the insured failed to comply with, not just the prompt notice requirement. The prejudice presumption applies to all affirmative defenses regarding an insured’s failure to comply with post-loss policy conditions.
Consider this discussion when dealing with an insurer raising prejudice as an affirmative defense to do an insured’s failure to comply with post-loss policy conditions, and the associated burdens of proof:
On appeal, [the insurer] contends the trial court erred by instructing the jury that the presumption of prejudice was inapplicable to all of its post-loss obligation defenses except prompt notice. We agree.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
The “Pay When Paid” Clause in California Construction—Strategies as the Battle Continues
August 03, 2026 —
William L. Porter - Porter Law GroupIt is well known in California Construction circles that the “Pay If Paid” clause is illegal in this state. There is a great distinction, though, between this clause and a similar clause, known as a “Pay When Paid” clause. A pay if paid clause allows a contractor to tell a subcontractor that if the contractor is unpaid for the subcontractor’s work, then the contractor has no legal obligation to pay the subcontractor, ever. For a great variety of reasons, the California Supreme Court, in the case of Wm. R. Clarke Corp v. Safeco Ins. Co. of America (1997) 15 Cal.4th 882, declared this type of clause illegal in California Construction.
Although the pay if paid clause is illegal in California, the pay when paid clause is still perfectly legal and is found in many subcontracts that contractors issue to their subcontractors. The pay when paid clause allows a contractor to delay paying its subcontractors until the dispute between the contractor and the property owner over payment has been resolved and the contractor is paid by the property owner. Although seemingly reasonable (since it merely delays payment until the contractor is paid by the owner, thereby providing a funding source to pay subcontractors), significant problems still arise.
Read the full story...Reprinted courtesy of
William L. Porter, Porter Law GroupMr. Porter may be contacted at
bporter@porterlaw.com
White and Williams LLP Secures $42.4 Million Award for Ventana DBS LLC in Philadelphia Marriott Construction Litigation
July 27, 2026 —
Craig O'Neill, Lindsay Liebman, Kristen Nichols Wright, Zachary Roth & William Taylor - White and WilliamsWhite and Williams LLP's Construction and Surety Practice attorneys secured a significant victory for client Ventana DBS LLC in a complex commercial construction dispute before the Philadelphia Court of Common Pleas, Commerce Division. The trial team, led by Bill Taylor, retired Partner, and Craig O'Neill, Co-Chair of the Construction and Surety Practice Group, with support from Lindsay Liebman, Counsel, Zachary Roth, Partner, Kristen Nichols Wright, Associate, and Sue Ferrante, Legal Secretary, obtained a $42.4 million award on Ventana's claims for unpaid work, delay costs, CASPA penalties and interest, attorneys’ fees and other project-related costs arising from the construction of the Marriott W/Element Hotel Project in Philadelphia.
To achieve this result, the White and Williams team managed an extensive discovery period over the course of four-years of litigation, conducted over sixty depositions, participated in court-ordered mediation and arbitration proceedings, and successfully represented Ventana during a bifurcated trial that spanned over the course of a year.
Reprinted courtesy of
Craig O'Neill, White and Williams,
Lindsay Liebman, White and Williams,
Kristen Nichols Wright, White and Williams,
Zachary Roth, White and Williams and
William Taylor, White and Williams
Mr. O'Neill may be contacted at oneillc@whiteandwilliams.com
Ms. Liebman may be contacted at liebmanl@whiteandwilliams.com
Ms. Wright may be contacted at wrightk@whiteandwilliams.com
Mr. Roth may be contacted at rothz@whiteandwilliams.com
Mr. Taylor may be contacted at taylorw@whiteandwilliams.com
Read the full story...
New York Construction Employers Face New Reporting and Cancellation Pay Requirements Beginning December 8, 2026
October 26, 2026 —
Bradley J. Bartolomeo & Clare M. Cunningham - Lewis BrisboisEffective December 8, 2026, pursuant to the New York Construction Reporting Pay Act, employers in the New York State construction industry will be subjected to new reporting requirements and will be required to pay both union and non-union workers for certain last-minute schedule changes, even when the disruption is caused by weather, failed inspections, material shortages, site-access restrictions, or delays attributable to owners, general contractors, or other trades.
For many contractors, routine decisions that have historically been considered part of construction scheduling risk may now create mandatory wage obligations, prevailing wage compliance concerns, and potential wage-and-hour litigation exposure.
Reprinted courtesy of
Bradley J. Bartolomeo, Lewis Brisbois and
Clare M. Cunningham, Lewis Brisbois
Mr. Bartolomeo may be contacted at Bradley.Bartolomeo@lewisbrisbois.com
Ms. Cunningham may be contacted at Clare.Cunningham@lewisbrisbois.com
Read the full story...
4th Department Narrowly Interprets Professional Services
August 11, 2026 —
Craig Rokuson - Traub LiebermanIn the recent case of Cty. of Erie v. Selective Ins. Co. of Am., 2026 NY Slip Op 04092 (App. Div. 4th Dept.), New York’s Appellate Division, Fourth Department held that a general liability carrier for a construction manager owed additional insured coverage to the County of Erie, notwithstanding an exclusion in the construction manager’s policy for injuries arising out of professional services.
The underlying case involved injuries sustained when the underlying plaintiff fell off of her bicycle at a park owned by the County when she transitioned from the pavement edge to grass.
Read the full story...Reprinted courtesy of
Craig Rokuson, Traub LiebermanMr. Rokuson may be contacted at
crokuson@tlsslaw.com
