So You Want to Build a Safety Plan
November 18, 2025 —
Construction ExecutiveAs unique and nuanced as each construction project, so are the safety needs of each company handling the project. To learn how to tailor a safety program to your company’s needs, Construction Executive sat down with
Tony Foster, senior EHS director at
Skanska. From how-tos on getting started, creating buy-in and keeping up to date on OSHA standards, to taking advantage of the latest safety technology, here is his insider knowledge:
What type of safety program is best for which kinds of businesses? (i.e. small vs. large firm; regional vs. national; architect and design vs. manufacturer; general contractor vs. subcontractor; etc.)
The approach to safety shouldn’t change by project, no matter how big or small. The most important task is the project, but also making the people who are working on the project feel like they are a part of the program and can ask questions about any concerns that they have. There needs to be visibility of leaders on the project, and an open line of communication when it comes to safety on the worksite.
Reprinted courtesy of
Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Georgia HB 676: A Bill Property Owners and Contractors Should Watch
March 24, 2026 —
Robert Lafayette - The Construction SeytProperty owners, contractors, and others dealing with mechanics and materialmen’s liens in Georgia should keep an eye on
HB 676, which is currently making its way through the Georgia General Assembly. The bill aims to curb misuse of the lien process and provide additional remedies to those challenging a frivolous lien filing.
What HB 676 Would Do
HB 676 would add a new Code section (O.C.G.A. § 44-14-366.6) to the mechanics and materialmen’s lien statutes. If a lien is filed “without substantial justification or that is not made in good faith or that is made with malice or a wrongful purpose,” this new Code section would impose a fine of $1,500 per lien on the lien claimant, in addition to any attorney’s fees or court costs incurred by the party challenging the lien.
Read the full story...Reprinted courtesy of
Robert Lafayette, Seyfarth Shaw LLPMr. Lafayette may be contacted at
rlafayette@seyfarth.com
Ball Janik LLP Welcomes Construction Defect Associate Miguel Bonnelly as Orlando Office Continues to Grow
December 15, 2025 —
Ball Janik LLPORLANDO, FL – Ball Janik LLP is pleased to welcome Associate Miguel Bonnelly to the firm’s Construction Defect Practice Group in the Orlando office. Bonnelly brings experience from a leading nationwide personal injury law firm, where he represented homeowners and homeowners’ associations (HOAs) and businesses in complex construction matters. From construction defect matters to drafting Chapter 558 notices and conducting hearings, inspections, depositions, mediations, and settlements, Bonnelly is savvy in providing effective solutions for clients’ needs.
“We’re pleased to welcome Miguel to the firm,” said James C. Prichard, Managing Partner of Ball Janik LLP. “His experience representing homeowners in complex construction matters is a perfect match for our firm, and we are eager for his thoughtful, results-driven counsel that will make a difference for our clients.”
Bonnelly is fluent in both English and Spanish, creating greater accessibility for firm clients. He received his law degree from the University of Florida Levin College of Law and his bachelor’s degree from the University of Central Florida in legal studies, where he had the highest overall GPA. While in law school, he served as a legal intern at a boutique law firm with a focus on real property disputes, estate administration, and breach of contract claims, and at Community Legal Services of Mid Florida, providing civil aid in the housing unit throughout central Florida.
“I’m excited to be joining a firm with such talented professionals and resources that make a profound difference for clients,” said Bonnelly. “The firm’s focus on collaboration and track record for excellence and results make this an ideal opportunity for the next chapter of my legal career.”
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 50-plus attorneys and paralegals in 5 offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, and Corporate International. Read more here: https://www.balljanik.com/.
EPA Proposes New WOTUS Definition, Narrowing Clean Water Act Jurisdiction
December 30, 2025 —
Patrick J. Paul, Chris P. Colyer & John Habib - Snell & WilmerOn November 17, 2025, the United States Environmental Protection Agency (EPA) published a proposed rule that would significantly narrow its regulatory authority over Waters of the United States (WOTUS). Under the new proposed WOTUS rule, EPA would effectively have jurisdiction only over relatively permanent waters and a smaller subset of directly connected wetlands.
The WOTUS definition outlines the geographic reach of the U.S. Army Corps of Engineers’ and EPA’s authority under the 1972 Clean Water Act to regulate streams, wetlands, and other water bodies. As such, it has been reviewed in boardrooms, courtrooms, and government offices for over fifty years. Most recently, on May 25, 2023, the U.S. Supreme Court issued its opinion in Sackett v. EPA. In Sackett, the Supreme Court determined that WOTUS are only (1) relatively permanent bodies of water, such as oceans, lakes, rivers, and streams; or (2) adjacent wetlands indistinguishable from those waters because of a continuous surface connection.
Reprinted courtesy of
Patrick J. Paul, Snell & Wilmer,
Chris P. Colyer, Snell & Wilmer and
John Habib, Snell & Wilmer
Mr. Paul may be contacted at ppaul@swlaw.com
Mr. Colyer may be contacted at ccolyer@swlaw.com
Mr. Habib may be contacted at jhabib@swlaw.com
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Florida's Third DCA Reasserts the Teeth of Chapter 558 and the Future of Construction Defect Litigation
February 23, 2026 —
Ryan C. Brooks & Keith G. Salhab - Wood Smith Henning & Berman LLPThe case of Moss & Associates, LLC v. Daystar Peterson and Brickell Heights East Condominium Association, Inc. represents a quiet but significant correction in Florida construction law litigation. The Florida Third District Court of Appeal granted a petition for writ of certiorari and quashed a trial court order that denied a contractor's motion to stay litigation under Chapter 558, Florida Statutes.
Though procedurally narrow, the ruling reflects an increasingly assertive appellate stance. Chapter 558's pre-suit notice and right-to-repair process is mandatory, jurisdictional in effect, and not subject to dilution by trial-level discretion. At its core, the opinion reinforces a foundational principle. Florida intends for construction defect disputes to be managed, investigated, and often resolved before they reach a courtroom. The Third DCA's insistence on strict statutory compliance signals to trial courts, and to the plaintiffs' bar, that procedural shortcuts will not be tolerated.
Reprinted courtesy of
Ryan C. Brooks, Wood Smith Henning & Berman LLP and
Keith G. Salhab, Wood Smith Henning & Berman LLP
Mr. Brooks may be contacted at rbrooks@wshblaw.com
Mr. Salhab may be contacted at ksalhab@wshblaw.com
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California Supreme Court Approves of Annual Civility Oath for Attorneys, Rejects Incivility As Basis for Disciplinary Measures
December 08, 2025 —
Saul Lopez - Lewis Brisbois NewsroomSan Diego, Calif. (October 20, 2025) - Courts and lawmakers in California and across the country are continuing to grapple with the ongoing problem of incivility among lawyers. Nearly every week a new story is publicized in which an attorney is sanctioned or rebuked for sharp rhetoric in filings or combative behavior in the courtroom. The erosion of courtesy threatens not only collegiality but also the fair administration of justice.
On July 20, 2023, the State Bar of California Board of Trustees made an effort to restore respect and decorum within the practice of law within the Golden State. It approved and sent proposed measures to improve the civility of attorneys in California to the California Supreme Court for review and approval. The proposed measures included: (1) changes to California Rule of Court 9.7 that would require attorneys to reaffirm their oath of civility annually; and, (2) amendments to the Rules of Professional Conduct that would add acts of incivility as a basis for disciplinary measures against attorneys.
Read the full story...Reprinted courtesy of
Saul Lopez, Lewis BrisboisMr. Lopez may be contacted at
Saul.Lopez@lewisbrisbois.com
Reckless Disregard is. . . Well. . .Reckless
December 30, 2025 —
Christopher G. Hill - Construction Law MusingsPunitive damages are hard to come by in construction law cases. This is because almost all construction contract cases are exactly that: contract cases. Between the
economic loss rule and the Virginia Courts’
almost (though not completely) impregnable wall between tort and contract, punitive damages may seem completely out of the picture. Depending on your perspective and position on the construction project food chain, this fact can be either frustrating or comforting.
However, like all seemingly immutable laws, this one has an exception according to the Chesapeake County, Virginia Circuit Court. In
Sawyer v. C.L. Pincus Jr. & Co. et. al. this Virginia court was faced with the following scenario. The defendants, a church and its contractor, were sued by Sawyer over a construction swale that was built partly on Sawyer’s property. According to the plaintiff, the only permission they gave to their neighbors at the church was to allow the church to build a drainage berm that did not encroach on their property. As stated above, the church and its contractor built a swale that encroached on the Sawyers’ property.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
New Executive Order Prohibits Federal Contractors from Engaging in DEI Through Employment and Procurement Activities
April 27, 2026 —
Laura De Santos & Monica Prieto - Gordon Rees Scully MansukhaniOn March 26, 2026, President Trump signed Executive Order 14398, entitled Addressing DEI Discrimination by Federal Contractors, requiring federal agencies to add contractual language in all federal contracts prohibiting contractors and subcontractors from engaging in any racially discriminatory DEI activities, as defined by the Executive Order (EO).
While this EO includes language similar to prior DEI-related orders, it introduces a significant expansion in enforcement by subjecting non-compliant contractors to liability under the False Claims Act (FCA), including exposure to whistleblower actions and qui tam litigation. A qui tam claim is a civil action by a private individual on behalf of the government alleging fraud against federal programs and seeking to recover damages.
The new EO states that involvement in any racially discriminatory DEI activities is not only unethical and illegal, but also deemed fraudulent against federal programs because it is material to the government’s payment decisions. The definition of DEI activities here matters, as this EO expands a contractor’s obligations beyond the management of its employment policies and includes prohibitions against funding or expending time or resources on DEI activities and contracting with subcontractors, vendors, or suppliers utilizing DEI programs.
Read the full story...Reprinted courtesy of
Laura De Santos, Gordon Rees Scully MansukhaniMs. De Santos may be contacted at
ldesantos@grsm.com
