It’s More Than a Feeling: Proving Construction Damages and When You Should Hire an Expert to Help Do It
July 27, 2026 —
Bradley E. Sands & Katie McCracken - ConsensusDocsWhen you win a bid, you might be singing that everything is going your way. Then something goes wrong. The owner hands you defective plans, sits on RFI responses or other critical information, or otherwise upends the work. The costs pile up through no fault of your own. You feel wronged, and you want to be made whole. But a feeling that you got burned is not enough. To recover, that feeling has to become something the law recognizes as damages. So, what are damages, and how do you prove them?
At bottom, contract damages are the money that puts the non-breaching party (i.e., the party that doesn’t breach the contract) in the position it would have occupied had the contract been performed.
Reprinted courtesy of
Bradley E. Sands, Jones Walker LLP and Katie McCracken, Summer Associate, University of Georgia School of Law
Read the full story...Mr. Sands may be contacted at
bsands@joneswalker.com
Achieving Sustainability Through Design Build Delivery: Part II – A Framework for Managing Sustainability Objectives on Private Commercial Construction
October 06, 2026 —
Jennifer Harris, Tiffany Harrod & Joshua Pruett - ConsensusDocsPart I of this series traced the history and development of sustainability in construction and explained why design-build (“DB”) contracting is particularly well suited to achieve sustainability objectives. But selecting DB contracting does not by itself ensure a sustainable outcome. The parties must define their sustainability objectives with precision, establish measurable performance criteria and identify who will measure compliance with the criteria, and also draft contract terms that clearly and fairly allocate the associated responsibilities and risks. Otherwise, the completed project may fall short of its sustainability objectives and expose the parties to claims, disputes, and litigation. Part II offers a non-exhaustive list of practical guidance for addressing these issues and reducing those risks.
This article references the ConsensusDocs 310 Green Building Addendum, in conjunction with an agreement between the Owner and the Design-Builder (e.g., ConsensusDocs 415)
[1],
[2] and AIA Document E204–2017 Sustainable Projects Exhibit,
[3] together with AIA A141,
[4] as its contractual baseline. The five-part framework that follows is a roadmap for allocating sustainability risk between private owners and design-builders: define the requirements, identify hidden performance guarantees, map out the sustainable objective, address third-party certification risk, and track performance against agreed benchmarks.
Reprinted courtesy of
Jennifer Harris, Peckar & Abramson, P.C.,
Tiffany Harrod, Peckar & Abramson, P.C. and
Joshua Pruett, Peckar & Abramson, P.C.
Ms. Harris may be contacted at jharris@pecklaw.com
Ms. Harrod may be contacted at tharrod@pecklaw.com
Mr. Pruett may be contacted at jpruett@pecklaw.com
Read the full story...
Dotted Line: How Construction Is Dealing with Cybersecurity in the Age of AI
October 12, 2026 —
Richard R. Volack - Peckar & Abramson, PCRichard R. Volack, Partner in P&A’s New York office and Chair of the firm’s Cyber Security & Data Privacy practice, was recently quoted in “Dotted Line: How Construction Is Dealing with Cybersecurity in the Age of AI,” an article written by
Construction Dive. The article examines how contractors’ increasing reliance on interconnected technologies and AI can make cyberattacks more sophisticated. It discusses the heightened risks for government contractors and smaller subcontractors, including the potential exposure of sensitive project information, personal data, and financial records. It also explores practical measures contractors can take to mitigate these risks, such as strengthening contractual protections, conducting penetration testing, obtaining appropriate cyber insurance, implementing multifactor authentication, and providing employees with regular cybersecurity training.
Read the full story...Reprinted courtesy of
Richard R. Volack, Peckar & Abramson, PCMr. Volack may be contacted at
rvolack@pecklaw.com
Chambers USA Recognizes GRSM as 2026 Industry Leader
June 29, 2026 —
Gordon Rees Scully MansukhaniGordon Rees Scully Mansukhani has once again been recognized by Chambers USA, a prestigious directory of the country’s top law firms. In addition to the firm’s practice recognitions, eight partners, David Capell, Nancy Erfle, Matthew Foy, Ashlee Grant, Craig Heryford, Andrew Port, Todd Regan, and Angela Richie, were recognized among the nation’s top lawyers in their respective fields.
Chambers USA recognized the firm in the following eight categories:
USA – Nationwide – Insurance: Dispute Resolution: Insurer, Band 4
The firm is widely sought after by national insurance sector clients facing a wide array of coverage disputes as well as bad faith claims. The firm has additional capabilities in class actions and appellate litigation. Its broad base of experience includes professional liability, construction, and bankruptcy-related issues. This is the third year the firm has received this recognition.
Read the full story...Reprinted courtesy of
Gordon Rees Scully Mansukhani
Predict Risk, Not Incidents: A New Analytics Framework for Your Construction Safety Data
August 03, 2026 —
Tabrez Zahoor - Construction ExecutiveBehind every “zero-incidents” company report, hidden hazards may already be accumulating—
risks that could become serious injuries tomorrow. The question every executive should be asking is not, “Did anything go wrong last month?” It is: “Where is risk building on my projects right now?”
Most construction organizations cannot answer that question. Not because the data does not exist—it does. Every active project generates daily inspection findings, labor records, near-miss reports and audit results. The problem is that standard safety systems collect this data and then report it in ways that make it operationally useless for prevention. They describe the past. They predict nothing.
The predictive safety analytics framework (PSAF) is a practical, deployable system developed from years of applying data science to large-scale construction portfolio operations that takes the safety data construction organizations already collect and transforms it into a forward-looking risk signal. The result? A single weekly score that tells executives where risk is concentrating across their portfolio before anyone gets hurt.
Reprinted courtesy of
Tabrez Zahoor, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...
Traub Lieberman Wins Affirmation of Judgment on Pleadings Before the Seventh Circuit
August 16, 2026 —
Dana A. Rice & Adam P. Joffe - Traub LiebermanTraub Lieberman Partners Dana Rice and Adam Joffe obtained affirmation of judgment from the Seventh Circuit Court of Appeals in favor of an Insurance Company. The Insurance Company filed suit seeking a declaration that it had no duty to defend or indemnify its Insured, a Roofing Contractor, in an underlying lawsuit. The Insurance Company issued a commercial general liability policy with a one-year policy term. The policy included an exclusion that barred coverage for any losses arising out of work the insured completed before the date the policy incepted.
Reprinted courtesy of
Dana A. Rice, Traub Lieberman and
Adam P. Joffe, Traub Lieberman
Mr. Rice may be contacted at drice@tlsslaw.com
Mr. Joffe may be contacted at ajoffe@tlsslaw.com
Read the full story...
Nomos LLP Partner Garret Murai Recognized by Best Lawyers in America
September 08, 2026 —
Garret D. Murai - California Construction Law BlogNomos LLP partner Garret Murai has been recognized in the 2027 edition of The Best Lawyers in America® in the area of Construction Law. Only about 5% of lawyers in the United States are recognized by Best Lawyers in America®.
Read the full story...Reprinted courtesy of
Garret D. Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
Late Notice Bars Insured’s Claim for Wind Damage
June 29, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe court found that a six-month delay in reporting damage from wind did not comply with the policy’s notice requirements. Touchmark Hotel Group, LLC v. Mt. Hawley Ins. Co., 2026 U.S. Dist. LEXIS 61910 (S.D. N. Y. March 24, 2026).
A storm caused damage to Touchstone’s hotel on January 4, 2023. Touchstone’s corporate representative, Rohit Patel, testified that he was not at the property on the day of the storm. In a telephone call the next day, the manager of the property reported to Patel that he observed detached shingles from the roof the hotel in the parking lot. Patel testified that he did not file a claim at that time because Touchmark’s employees did not detect any water leakage in the building and because he did not believe that the cost of the damage from the storm would exceed the policy’s deductible.
Read the full story...Reprinted courtesy of
In Florida, Component Parts of an Improvement to Real Property are Subject to the Statute of Repose for Products Liability ClaimsLas Vegas Harmon Hotel to be Demolished without OpeningNo Alerts Heard in Deadly Texas Flash Flood as 161 Still MissingLA Home Destroyed in Palisades Fire Draws More Than 60 OffersA New AAA Study Confirms that Arbitration is Faster to Resolution Than Court – And the Difference Can be Assessed MonetarilyDoD Issues Guidance on Inflation Adjustments for ContractorsFinal Furnishing Date is a Question of FactPennsylvania Supreme Court: Fair Share Act Does Not Preempt Common Law When Apportioning LiabilityA General Contractor’s Guide to Additional Insured CoverageAppraisal May Include Cause of Loss IssuesNew York Condominium Association Files Construction Defect SuitRogue AI — Is Your Company Prepared?New California "Construction" LegislationImpact of Lis Pendens on Unrecorded Interests / LiensLost in Translation: AEC Tech’s Missing RoleHomeowner Allowed to Amend Complaint to Demonstrate Third-Party Beneficiary Status Under Lender-Placed PolicyApproaches to Managing Job Site InventoryLack of Credibility Can Destroy a ClaimInsurer's Attempt to Strike Experts in Collapse Case FailsReinsurer Must Reimburse Health Care Organization for Settlement CostsThe Greenest U.S. Cities & StatesCities' Answer to Sprawl? Go Wild.How the New Dropped Object Standard Is Changing Jobsite SafetyA Tuesday With Lisa ColonAI AEC Show: Augmenta Gives Designers SuperpowersMexico’s Construction Industry Posts First Expansion Since 2012Client Alert: Release of Liability Agreement Extinguishes Duty of Ordinary CareGeneral Contractors: Consider Importance of "Primary Noncontributory" LanguageTop 10 Hurricane Preparedness Practices for Construction SitesPennsylvania Supreme Court Adopts New Rule in Breach-of-the-Consent-to-Settle-Clause CasesUpdate: Supreme Court Issues Opinion in West Virginia v. EPAInsurer Rejects Claim on Dolphin TowersAward Doubled in Retrial of New Jersey Elevator Injury CaseHappy New Year from CDJU.S. Homebuilder Confidence Rises Most in Almost a YearConstruction Materials Company CEO Sees Upturn in Building, Leading to JobsSteven Cvitanovic Recognized in JD Supra's 2017 Readers' Choice AwardsDowntown Sacramento Building Riddled with DefectsThe Contributors to This Blog Are Pleased to Announce That….The G2G Year-End Roundup (2022)Parks and Degradation: The Mess at YosemiteCalifornia Makes Big Changes to the Discovery ActKahana Feld Secures Discontinuance with Prejudice in Fraudulent CaseWhite House’s New Draft Guidance Limiting NEPA Review of Greenhouse Gas Impacts Is Not So New or LimitingNew York Revises Retainage Requirements for Private Construction Contracts: Overview of the “5% Retainage Law”Trial Date Discussed for Las Vegas HOA Takeover CaseWater Drainage Case Lacks StandingCongratulations to Haight Attorneys Selected to the 2023 Southern California Super Lawyers ListWells Fargo Shuns Peers’ Settlement in U.S in MortgageMore Business Value from Drones with Propeller and Trimble – Interview with Rory San MiguelBIM Meets Reality on the Construction Sitehur E. Armitage Sr. Distinguished Alumni Award
Rooftop Solar Leases Scaring Buyers When Homeowners SellEx-Engineered Products Firm Executive Convicted of Bid Rigging