A Win for Clarity: What a Recent Federal Court Decision Means for Davis-Bacon Compliance
July 13, 2026 —
Stephen E. Irving - Peckar & Abramson, P.C.Following the
Department of Labor’s 2023 Davis-Bacon rule changes, federal construction contractors faced a pressing question: not whether paying prevailing wages is required, but how far those obligations could extend. Could they reach off-site material suppliers? Delivery drivers? Contracts that omitted Davis-Bacon clauses entirely? A recent federal court decision in AGC of America v. US Department of Labor answers these questions in important ways, vacating several disputed provisions and giving contractors greater certainty when pricing, bidding, and administering federal construction projects.
The ruling addresses three aspects of the 2023 regulations that sought to extend Davis-Bacon obligations beyond their traditional scope. By vacating those provisions, the decision creates a more predictable compliance environment and reinforces an important principle: Davis-Bacon enforcement works best when contractors, workers, and regulators operate under clear, objective rules.
Read the full story...Reprinted courtesy of
Stephen E. Irving, Peckar & Abramson, P.C.Mr. Irving may be contacted at
sirving@pecklaw.com
Italian Court Convicts 32 in Morandi Bridge Collapse Case
August 25, 2026 —
Bryan Gottlieb - Engineering News-RecordFormer Autostrade per l'Italia CEO Giovanni Castellucci was sentenced to 12 years in prison July 16 after an Italian court handed down the first criminal verdicts stemming from the 2018 Morandi Bridge collapse in Genoa that killed 43 people.
Read the full story...Reprinted courtesy of
Bryan Gottlieb, Engineering News-RecordMr. Gottlieb may be contacted at
gottliebb@enr.com
Congratulations to BWB&O’s 2027 Southern California Super Lawyers and Rising Stars Honorees!
September 08, 2026 —
Bremer Whyte Brown & O'Meara, LLPBremer Whyte Brown & O’Meara, LLP is proud to announce that Partners
Nicole Whyte,
Keith Bremer,
John Toohey, and
Tyler Offenhauser have been named to the 2027 Southern California Super Lawyers list. Notably, Nicole Whyte was also selected to the Top 50 Orange County Super Lawyers list, an honor reflecting her outstanding work, leadership, and impact in the legal community.
Associates
Kevin Moore,
Sukayna Jaidi, and
Andrew Mathews are also being recognized as 2027 Southern California Super Lawyers Rising Stars.
Our team is being honored for their distinguished service and dedication in Family Law, Civil, Business, Construction, and Personal Injury Litigation.
Read the full story...Reprinted courtesy of
Bremer Whyte Brown & O'Meara, LLP
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.
GRSM Defeats Class Certification in Precedent-Setting HOA Management Case
September 15, 2026 —
Gordon Rees Scully MansukhaniGordon Rees Scully Mansukhani Partners Fletcher Alford and Kevin Liu and Associate Jigar Desai secured a favorable outcome on behalf of an HOA management company in a precedent-setting class action before the U.S. District Court for the Eastern District of California, obtaining denial of the plaintiff’s motion for class certification and dismissal without prejudice of the three claims at issue.
The plaintiff alleged that the defendant received earnings credit payments from a bank in exchange for maintaining HOA deposit accounts and failed to disclose the arrangement to its HOA clients. The plaintiff sought more than $40 million in damages, asserting five claims: (1) breach of contract for failing to act in class members’ best interests by not disclosing the alleged earnings credit arrangement; (2) violation of California’s Unfair Competition Law (UCL) based on alleged violations of California Civil Code §§ 5375, 5375.5, and 5380; (3) breach of fiduciary duty based on the alleged undisclosed arrangement; (4) violation of the UCL for unfair business practices arising from the alleged nondisclosure; and (5) unjust enrichment. The plaintiff sought class certification under Federal Rule of Civil Procedure 23(b)(2) and 23(b)(3) only as to its second, third, and fourth causes of action.
Read the full story...Reprinted courtesy of
Gordon Rees Scully Mansukhani
EPA Steps Back, Arizona Moves Forward
May 12, 2026 —
Patrick J. Paul, John Habib & Sukhmani K. Singh - Snell & WilmerIn a significant development for Arizona’s business community and environmental policymakers, the U.S. Environmental Protection Agency (EPA) has paused its planned reclassification of Maricopa County from “Moderate” to “Serious” ozone nonattainment status pursuant to the Clean Air Act’s National Ambient Air Quality Standards (NAAQS).
This decision marks a shift in federal air policy — one that recognizes the unique challenges faced by regions like metro Phoenix, where environmental conditions beyond local control are often key contributors to air quality readings.
The EPA’s move follows a series of meetings between EPA Administrator Lee Zeldin, Arizona elected officials, and business and civic leaders, including a recent roundtable in Phoenix convened by U.S. Senator Mark Kelly. In announcing the pause, Zeldin acknowledged the need for flexibility and fairness in the application of Clean Air Act standards, especially when emissions from other states, nations, and natural events significantly influence local air quality.
Reprinted courtesy of
Patrick J. Paul, Snell & Wilmer,
John Habib, Snell & Wilmer and
Sukhmani K. Singh, Snell & Wilmer
Mr. Paul may be contacted at ppaul@swlaw.com
Mr. Habib may be contacted at jhabib@swlaw.com
Ms. Singh may be contacted at ssingh@swlaw.com
Read the full story...
California Contractors Get a Much-Needed Break: SB 342 Softens the Harsh Consequences of Contractor License Lapses
October 20, 2026 —
Heather Frisch - The Construction SeytImagine completing a multimillion-dollar project, performing quality work, paying your subcontractors, and satisfying the owner, only to discover that a temporary contractor license lapse could prevent you from recovering payment for that work or pursuing claims for extra work. For decades, that was the reality under California Business and Professions Code section 7031.
A contractor that allowed its license to lapse, even briefly, could face catastrophic consequences completely disconnected from the quality of its work. In some cases, a contractor that performed otherwise flawless work could be barred from recovering payment and even be ordered to disgorge compensation already received – even if the owner knew the contractor had a lapse in its licensing and allowed it to continue construction.
That reality is about to change.
Read the full story...Reprinted courtesy of
Heather Frisch, SeyfarthMs. Frisch may be contacted at
hfrisch@seyfarth.com
Judge's Order Halts Google Data Center Project in Minnesota
July 27, 2026 —
Annemarie Mannion - Engineering News-RecordConstruction of a $1-billion Google data center planned by
Ryan Cos. on 485 acres in southeastern Minnesota was expected to start in July but is now halted under a judge’s order.
Read the full story...Reprinted courtesy of
Annemarie Mannion, Engineering News-RecordMs. Mannion may
Mixed Reality for Construction: Applicability and RealityHomeowner Loses Suit against Architect and Contractor of Resold HomeSDV Celebrates 30th Anniversary Press ReleaseMental Health and Wellbeing in Construction: Impacts to Jobsite SafetyReal Estate & Construction News Roundup (09/12/23) – Airbnb’s Future in New York City, MGM Resorts Suffer Cybersecurity Incident, and Insurance Costs Hitting Commercial Real EstateConstruction Defect or Just Punch List?Drastic Rebuild Resurrects Graves' Landmark Portland BuildingWaiver of Subrogation and Lack of Contractual Privity Bars Commercial Tenants’ ClaimsMiller Act CLAIMS: Finding Protections and Preserving Your RightsInsured Under Property Insurance Policy Should Comply With Post-Loss Policy ConditionsWhether Subcontractor's Faulty Workmanship Is an Occurrence Creates Ambiguity Reinsurer Must Reimburse Health Care Organization for Settlement CostsWhat I Love and Hate About Updating My Contracts From an Owners’ PerspectiveD.C. Circuit Upholds EPA’s CERCLA Hazardous-Substance Designations for PFAS as State-Law Settlements Highlight Expanding Liability LandscapeCybersecurity on Your Project: Why Not Follow National Security Strategy?New York Court Permits Asbestos Claimants to Proceed Against Insurers with Buyout AgreementsCase-Shiller Redo Shows Less Severe U.S. Home-Price SlumpTraub Lieberman Attorneys Win Motion for Judgment on the Pleadings In Favor of InsurerCourt Rules Cook County Misspent $243M in Transportation FundsUS-Mexico Border Wall Bids Include Tourist Attraction, Solar PanelsFourth Circuit Extends Coverage to ContractorDifficulty in Defending Rental Supplier’s Claim Under Credit ApplicationTo Sea or Not to Sea: Fifth Circuit Applies Maritime Law to Offshore Service Contract, Spares Indemnity Provision from Louisiana Oilfield Indemnity ActNewark Trial Team Defends “No Cause” With Appellate Affirmance Of 2023 Jury VerdictIdaho Construction Executive Found Guilty of Fraud and Tax EvasionNYC-N.J. Gateway Rail-Tunnel Work May Start in 2023Attorneys’ Fees and the American Arbitration Association RuleVideo: Contractors’ Update on New Regulations Governing Commercial Use of DronesEmerging Issues in Construction CGL Insurance Part 2: The Separation of Insureds and Additional Insured InterestsU.K. High Court COVID-19 Victory for Policyholders May Set a Trend in the U.S.Federal Court Reaffirms Arbitrators’ Role in Consolidation of Separate ArbitrationsRitzy NYC Tower Developer Says Residents’ Lawsuit ‘Ill-Advised’Hawaii Federal District Court Grants Preliminary Approval of Settlement on Volcano DamageInsurance Client Alert: Denial of Summary Judgment Does Not Automatically Establish Duty to DefendStructural Failure of Precast-Concrete Span Sets Back Sydney Metro JobConstruction Contract Clauses That May or May Not Have Your Vote – Part 3Ex-Corps Worker Pleads Guilty to Bribery on Afghan ContractIs Your Business Insured for the Coronavirus?Colorado HB 13-1090: Concerning Payment of Amounts Due Under a Construction AgreementMeasure of Damages in Negligent Procurement of Surety Bonds / InsuranceIt’s a Bird, It’s a Plane . . . No, It’s a Drone. Long Awaited FAA Drone Regulations Finally Take FlightInsurer Must Produce Documents After Failing To Show They Are ConfidentialRelated’s $1 Billion Los Angeles Project Opens After 15-Year WaitD.R. Horton Earnings Rise as Sales and Order Volume IncreaseBuilder Must Respond To Homeowner’s Notice Of Claim Within 14 Days Even If Construction Defect Claim Is Not Alleged With The “Reasonable Detail”Can’t Get a Written Change Order? Document, Document, DocumentIrene May Benefit Construction IndustryA Year After Fatal Genoa Viaduct Collapse, Replacement Takes ShapeNorth Carolina Court Rules In Favor Of All SumsSo, You Have a Judgment Against a California Contractor or Subcontractor. What Next? How Can I Enforce Payment?John O’Meara is Selected as America’s Top 100 Civil Defense Litigators