Virginia Multi-Employer Site Safety Issues–and How to Deal with Them
February 02, 2026 —
Christopher G. Hill - Construction Law MusingsThe world of the Owner, Contractor, Subcontractor “straight line” project model is long gone. Increasingly complex construction needs for commercial owners require the services of numerous trades, and even multiple “prime” contractors at times, to perform the various stages of construction.
Because of the complex and multi-employer nature of the modern commercial worksite, as a contractor, you may no longer be responsible only for the safety of your own employees. Depending on the state in which your project is being built, you, as a general contractor, may be responsible for hazards at your worksite that you did not create. On federal job sites (or in states that have merely adopted the federal OSHA standard), one rule applies. In some states that have their own safety regulations, another rule applies.
Under the Federal OSHA guidelines, the state regulations must be at least as stringent as those of the Federal safety regulations. This flexibility allows states to impose stricter (though not more lenient) rules upon construction site contractors. While this flexibility allows state safety officials to better tailor their policies, it has caused confusion in the multi-employer realm.
Read the full story...Reprinted courtesy of
The Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
U.S. Supreme Court Decision May Negate State Law Requirement to File a Certificate of Merit with the Complaint in a Federal Action Against a Design Professional
April 27, 2026 —
Christopher Olsen & Phillip Boldt - ConsensusDocsTo deter frivolous and unfounded claims against design professionals, states throughout the country have enacted statutes which generally require litigants to furnish a formal certification of merit (“COM”) from a qualified expert or face potential dismissal of their lawsuit. These COM statutes can impose a significant front-end burden on claimants who must pay an expert to review project records, interview the project team, and prepare a formal report before the lawsuit can be filed—often regardless of the amount in controversy. However, in light of a recent U.S. Supreme Court decision in a medical malpractice case, most, if not all of these statutes, may no longer be enforceable in federal court. This article examines the recent decision in Berk v. Choy, 146 S. Ct. 546 (2026), the decisions thus far which have applied Berk to invalidate COM statutes, and other categories of statutes applicable to the construction industry which may face a similar fate.
The U.S. Supreme Court Decision (Berk v. Choy)
In Berk, the plaintiff, Harold Berk, sued a doctor for medical malpractice under Delaware law in Delaware federal court. 146 S. Ct. at 551. Under Del. Code, Tit. 18, § 6853(a)(1), an affidavit of merit (like a COM) must accompany a complaint alleging medical malpractice. Id. Berk failed to include an affidavit of merit with his complaint. Id. at 552. Applying Delaware state law, the federal court dismissed Berk’s medical malpractice claim. Berk appealed to the Third Circuit, arguing that the affidavit of merit required by § 6853(a)(1) is unenforceable in federal court because it is more onerous than the Federal Rules of Civil Procedure. The Third Circuit affirmed the District Court’s ruling, finding § 6853(a)(1) enforceable in federal court.
Reprinted courtesy of
Christopher Olsen, Peckar & Abramson, P.C. and
Phillip Boldt, Peckar & Abramson, P.C.
Mr. Olsen may be contacted at colsen@pecklaw.com
Mr. Boldt may be contacted at pboldt@pecklaw.com
Read the full story...
Elliott Backed Venture Sues Lloyds Over Avant Cladding, Times Reports
February 17, 2026 —
Eamon Farhat - BloombergElliott Investment Management and British housing tycoon Jeff Fairburn, joint-venture partners in UK homebuilder
Avant Homes Group, are suing
Lloyds Banking Group Plc over who should pay to fix properties that fail to meet post-Grenfell fire-safety standards, the Times reported.
Avant, which faces remediation costs of at least £107 million ($146 million) for potentially dangerous cladding, argues that Lloyds should shoulder part of the bill because most of the developments were built before 2014, when the homebuilder was under the bank’s ownership, the Times reported.
Cladding has become a contentious issue in the UK following the Grenfell Tower fire in June 2017, in which dozens died after flames spread rapidly through flammable exterior cladding on the West London high-rise, laying bare deep failures in Britain’s building safety regulations.
Read the full story...Reprinted courtesy of
Eamon Farhat, Bloomberg
Traub Lieberman Attorneys Recognized in Hudson Valley Magazine’s 2026 Top Lawyers List
March 24, 2026 —
Copernicus T. Gaza, Jonathan R. Harwood, Lisa M. Rolle, Lisa L. Shrewsberry, Christopher Russo & Hillary J. Raimondi - Traub LiebermanTraub Lieberman is pleased to announce that six Partners from the White Plains, NY office have been included in the 2026 edition of the Hudson Valley Magazine’s Top Lawyers in the Hudson Valley list. This annual guide recognizes more than 270 of the region's leading attorneys.
Insurance:
- Copernicus Gaza
- Jonathan Harwood
- Lisa Rolle
- Lisa Shrewsberry
Reprinted courtesy of
Copernicus T. Gaza, Traub Lieberman,
Jonathan R. Harwood, Traub Lieberman,
Lisa M. Rolle, Traub Lieberman,
Lisa L. Shrewsberry, Traub Lieberman,
Christopher Russo, Traub Lieberman and
Hillary J. Raimondi, Traub Lieberman
Mr. Gaza may be contacted at cgaza@tlsslaw.com
Mr. Harwood may be contacted at jharwood@tlsslaw.com
Ms. Rolle may be contacted at lrolle@tlsslaw.com
Ms. Shrewsberry may be contacted at lshrewsberry@tlsslaw.com
Mr. Russo may be contacted at crusso@tlsslaw.com
Ms. Raimondi may be contacted at hraimondi@tlsslaw.com
Read the full story...
End of an (Endangerment) Era
February 23, 2026 —
Sukhmani K. Singh, Christopher P. Colyer & Sean M. Sherlock - Snell & WilmerOn February 12, 2026, the U.S. Environmental Protection Agency (EPA) announced the repeal of the 2009 Greenhouse Gas (GHG) Endangerment Finding and the elimination of all federal GHG emission standards for motor vehicles and engines.
1 The EPA characterized the action as the “single largest deregulatory action in U.S. history.”
2 This development marks a fundamental shift in federal climate policy under the Clean Air Act (CAA) and is expected to trigger immediate and extensive litigation.
In Massachusetts v. EPA, the U.S. Supreme Court held that GHGs qualify as “air pollutants” under the CAA and that the EPA must determine whether emissions from new motor vehicles cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare under CAA Section 202(a).
3 Following this decision, on December 7, 2009, the EPA issued two findings. First, the EPA classified six different GHGs as threatening public health and welfare. Second, the EPA determined that emissions from new motor vehicles contribute to that endangerment.
4 Although the findings themselves imposed no direct regulatory requirements, they served as the legal predicate for GHG emission standards for light-duty and heavy-duty vehicles, and later for other CAA programs affecting statutory sources. In 2012, the U.S. Circuit Court of Appeals for the District of Columbia upheld the Endangerment Finding and related regulations.
5
Reprinted courtesy of
Sukhmani K. Singh, Snell & Wilmer,
Christopher P. Colyer, Snell & Wilmer and
Sean M. Sherlock, Snell & Wilmer
Ms. Singh may be contacted at ssingh@swlaw.com
Mr. Colyer may be contacted at ccolyer@swlaw.com
Mr. Sherlock may be contacted at ssherlock@swlaw.com
Read the full story...
Four Kahana Feld Attorneys Selected to 2026 Southern California Super Lawyers List
March 03, 2026 —
Kahana FeldIRVINE, CA – Feb. 20, 2026 – Kahana Feld is pleased to announce that partners
Jason Feld,
Amir Kahana,
Sharon Oh-Kubisch, and
Manuel Ugarte were selected to the 2026 Southern California Super Lawyers® list.
Jason Feld is a founding partner of Kahana Feld. He focuses his practice on the defense of homebuilders, contractors, developers, and real estate professionals primarily in construction defect, general liability, insurance defense, construction accident, and real estate matters. He also represents government entities handling construction, premises liability, general liability, and environmental claims. He serves as panel counsel for many prominent insurance carriers, as well as personal counsel to several national and regional homebuilders, developers, and general contractors.
Read the full story...Reprinted courtesy of
Kahana Feld
Outer Banks Homes Collapsing Is Just a Taste of What’s to Come
December 22, 2025 —
Mark Gongloff - BloombergOn Sept. 20, 2024, a four-bedroom, three-bathroom beach house in Buxton, North Carolina, in the heart of the Outer Banks, sold for
$580,000. On Oct. 28 this year, the house, known as
Mermaid’s Rest, collapsed
into the ocean. It was one of five homes swallowed that day by high waves churned up by an offshore storm.
Few things demonstrate how climate change is already upending lives and fortunes quite like watching somebody’s stately vacation home topple into the drink. But Outer Banks houses like Mermaid’s Rest (a striking example first dug up by the
New York Times but just one of
many such cases), are mere showroom models for the havoc that rising seas are already threatening.
First, let’s get one caveat out of the way: Barrier islands like the Outer Banks are always changing shape, regardless of the climate. Homes built on the shores of such islands have always been at risk of eventually sliding off the edge like a quarter in one of those coin-pusher arcade games.
Read the full story...Reprinted courtesy of
Mark Gongloff, Bloomberg
CARB Issues Proposed Climate Disclosure Regulations
January 13, 2026 —
Michael S. McDonough, Ashleigh Myers & Karen Eskander - Gravel2Gavel Construction & Real Estate Law BlogOn December 9, 2025, the California Air Resources Board (CARB) issued
proposed regulations and a
staff report for California’s comprehensive climate disclosure laws, the
Climate Corporate Data Accountability Act (SB 253) and the
Federal Court Upholds Privity Requirement in Additional Insured Endorsement; Finds No Equitable EstoppelExponential Acceleration—Interview with Anders HvidBusiness Interruption Insurance Coverage Act of 2020: Yet Another Reason to Promptly Notify Insurers of COVID-19 LossesBrief Overview of Rights of Unlicensed Contractors in CaliforniaConfidence Among U.S. Homebuilders Little Changed in JanuaryNew York Instructs Property Carriers to Advise Insureds on Business Interruption CoverageLatin America’s Biggest Corporate Crime Gets a Worthy EpicBWB&O ranks as a 2025 Best Law Firm by Best Lawyers®Breaking Ground On New California Public Works Prevailing Wage RequirementsTrucks looking for Defects Create Social Media FrenzyFlorida Condo Collapse Victims Reach $1 Billion SettlementCalifornia’s Labor Enforcement Task Force Continues to Set Fire to the Underground EconomyOwners Bound by Arbitration Clause on Roofing Shingles PackagingAB5 Construction Exemption – A Checklist to Avoid Application of AB5’s Three-Part TestThinking About a Daubert Motion to Challenge an Expert Opinion?First Circuit Rules Excess Insurer Must Provide Coverage for Fuel SpillSometimes You Get Away with Unwritten Contracts. . .Duty to Defend Broadly Applies to Entire Action; Insured Need Not Apportion Defense Costs, Says Maryland Appeals CourtClient Alert: Catch Me If You Can – Giorgio Is No Gingerbread ManContinuity and Disaster Recovery Plans for Contractors: Lessons From the PastSubcontractor Allowed to Sue Designer for Negligence: California Courts Chip Away at the Economic Loss Doctrine (Independent Duty Rule)Request for Stay Denied in Dispute Over Coverage for Volcano DamageConstruction Defect Lawsuits Hinted for Dublin, California8 Secrets About Working with Contractors – Bad Contractor Series Part 5California Court of Appeal Finds Coverage for Injured Worker Despite Contractor's ExclusionDOJ to Prosecute Philadelphia Roofing Company for Worker’s DeathMid-Session Overview of Colorado’s 2017 Construction Defect Legislation Eleven Newmeyer Dillion Attorneys Named to 2023 U.S. News Best Lawyers in Multiple Practice AreasThe Seventh Circuit Rejects Navigators Insurance Company’s Attempt to Escape Additional Insured Coverage For a Gas ExplosionWorkers on Big California Bridge Tackle Oil Wells, Seismic IssuesBHA Attending the Construction Law Conference in San Antonio, TXBoston Tower Project to Create 450 JobsWhy Construction Tendering Needs Specialized IntelligenceOnly A Contractor Can Appeal a Contracting Officer’s Final DecisionCase-Shiller Redo Shows Less Severe U.S. Home-Price SlumpWisconsin Court Applies the Economic Loss Doctrine to Bar Negligence Claims for Purely Economic LossesInsurer's Summary Judgment Motion to Reject Claim for Construction Defects UpheldBrazil World Cup Soccer Crisis Deepens With Eighth Worker DeathCongratulations to Karen Baytosh and August Hotchkin on Their Recognition as 2021 Nevada Legal Elites!Congratulations to Woodland Hills Partner Patrick Au and Senior Associate Ava Vahdat on Their Successful Motion for Summary Judgment!Bel Air Mansion Construction Draws Community BacklashCuba: Construction Boom Potential for U.S. Construction Companies and Equipment Manufacturers?Sometimes a Reminder is in Order. . .OSHA Again Pushes Back Record-Keeping Rule DeadlineEmotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires Why the Renovation of Federal Reserve Headquarters Costs $2.5 Billion140 Days Until The California Consumer Privacy Act Becomes Law - Why Aren't More Businesses Complying?Construction Activity on the UpswingNew York City Dept. of Buildings Explores Drones for Facade InspectionsFederal Court Again Confirms No Coverage For Construction Defects in HawaiiOffice REITs in U.S. Plan the Most Construction in DecadeIn Louisiana, Native Americans Struggle to Recover From IdaCARB Issues Proposed Climate Disclosure RegulationsClient Alert: Court Settles Conflict between CCP and Rules of Court Regarding Demurrer Deadline Following Amended ComplaintConsumer Fraud Claim against Insured is Not an "Occurrence"U.S. Home Sellers Return for Spring as Buyers Get ReliefHow Long Does a Civil Lawsuit Take?Angela Cooner Appointed Vice-Chair of Arizona’s Inaugural Board of Legal Specialization Construction Defect Law Advisory CommissionThe Comcast Project is Not Likely to Be Shut Down Too LongHousing Isn’t Expensive for EveryoneEPA Issues New PFAS Standard, Provides $1B for Testing, Cleanup of 'Forever Chemicals'One to Watch: Case Takes on Economic Loss Rule and Professional DutiesJustin Bieber’s Unpaid Construction Bill Stalls House Sale
