Pay-If-Paid: What You Need to Know Before Signing on the Dotted Line
August 03, 2026 —
Christian Fernandez & Matthew Racioppo - Snell & WilmerBuried deep in the fine print of a subcontract, a pay-if-paid clause may be looming. If you are a subcontractor or supplier, misreading these clauses can put your cash flow at risk. If you are an owner or general contractor, drafting them incorrectly can leave you with obligations you never intended — or unenforceable protections you were counting on.
It is more important than ever to understand when pay-if-paid clauses hold up and when they do not, as well as recent litigation and drafting trends. Whether you are negotiating a new agreement, reviewing your standard form contracts, or staring down a payment dispute, understanding how Arizona law treats pay-if-paid clauses is essential. In this article, we break down key considerations, walk through the legal standards Arizona courts apply, and offer practical tips to consider to help you protect your payment rights on the next project.
Reprinted courtesy of
Christian Fernandez, Snell & Wilmer and
Matthew Racioppo, Snell & Wilmer
Mr. Fernandez may be contacted at cfernandez@swlaw.com
Mr. Racioppo may be contacted at mracioppo@swlaw.com
Read the full story...
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
Turning Expert Services into Products
July 20, 2026 —
Aarni Heiskanen - AEC BusinessA Finnish engineering, architecture, and project consulting company, AINS Group, recently opened an online store to purchase fixed-price services. The store presents specialist work in a product-like format, with fixed service names, defined scopes, and visible prices, such as a building history report, a zoning plan cost analysis, and a technical preliminary survey for a property transaction.
Is this productization a smart move or a sign that expert services are being commoditized?
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
2026 Colorado Super Lawyers Recognizes 11 Snell & Wilmer Attorneys
May 05, 2026 —
Snell & WilmerDENVER – Snell & Wilmer is pleased to announce that eleven attorneys in its Denver office have been selected for inclusion in the 2026 Colorado Super Lawyers publication. Of those eleven, four were recognized as Rising Stars.
Super Lawyers is a listing of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations, and peer evaluations. The final published list represents no more than 5 percent of the lawyers in the state.
Read the full story...Reprinted courtesy of
Snell & Wilmer
A Customized Approach to Data Center Construction
June 29, 2026 —
James P. Bobotek, Arielle L. Murphy & Robert A. James - Gravel2Gavel Construction & Real Estate Law BlogData center construction projects are, to put it mildly, distinct. They differ from traditional construction in a host of manners, and are particularly distinctive because the value of the facility depends on unique measures of performance. A center that cannot meet uptime, cooling, redundancy or connectivity standards will not achieve its mission, whether or not the structure itself meets standard industry contract-form “substantial completion” or “mechanical completion” definitions.
Owners, developers, lenders, operators and hyperscalers—especially hyperscalers!—want it all. They seek favorable and stable pricing, accelerated delivery and sophisticated components, all of which are evolving in “real project time.” Standard construction contract forms deserve extensive modifications to align clauses with expectations, with a heightened focus on systems integration, commissioning, and allocation of special risks. This article details customized considerations for drafting, negotiating and administering data center design and construction agreements.
Reprinted courtesy of
James P. Bobotek, Pillsbury,
Arielle L. Murphy, Pillsbury and
Robert A. James, Pillsbury
Mr. Bobotek may be contacted at james.bobotek@pillsburylaw.com
Ms. Murphy may be contacted at arielle.murphy@pillsburylaw.com
Mr. James may be contacted at rob.james@pillsburylaw.com
Read the full story...
From CERCLA to Drinking Water: D.C. Circuit’s PFAS Ruling Enters a Second Regulatory Fight
October 06, 2026 —
Ashleigh K. Myers, Amanda G. Halter & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law BlogOn August 18, 2026, a unanimous panel of the U.S. Court of Appeals for the D.C. Circuit
upheld EPA’s designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). In Chamber of Commerce of the United States v. EPA, the court rejected challenges to EPA’s interpretation of CERCLA Section 102(a), the adequacy of its notice and comment process, its analysis of costs and benefits, and its decision to proceed despite uncertainty about future response actions and costs.
This decision is already being invoked in a separate D.C. Circuit challenge to EPA’s 2024 PFAS drinking water rule promulgated under the Safe Drinking Water Act (SDWA). Six days after the CERCLA decision, respondent intervenors cited it as supplemental authority in American Water Works Association v. EPA, No. 24-1188, ahead of oral argument scheduled for
September 18, 2026. The Chamber of Commerce decision may assist the respondent intervenors on certain notice and comment and economic analysis arguments, but its significance should not be overstated. The principal challenges to the standards for the four PFAS subject to EPA’s Hazard Index-based maximum contaminant level (MCL) turn on requirements specific to the SDWA, and EPA itself now agrees that those provisions were promulgated through an unlawful process.
Reprinted courtesy of
Ashleigh K. Myers, Pillsbury,
Amanda G. Halter, Pillsbury and
Jillian Marullo, Pillsbury
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Halter may be contacted at amanda.halter@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
Read the full story...
Flatiron Said Disputed Concrete Mix Cost Millions on Large Caltrans Project
June 22, 2026 —
Elaine Silver & Richard Korman - Engineering News-RecordFor awhile in 2023, part of the California Dept. of Transportation's (Caltrans) Fix 50 HOV lane and resurfacing project in Sacramento itself needed to be fixed.
Reprinted courtesy of
Elaine Silver, Engineering News-Record and
Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com
Read the full story...
Location, Location, Location — But Which One? The Few Words in Your Construction Contract that Pick Where You Fight
June 29, 2026 —
Brad Sands - ConsensusDocsMost professionals know the old real estate line: location, location, location. It turns out to be just as true for construction contracts as it is for property.
Consider a recent case involving a project owner that hired two design firms for a project. When issues arose during construction, the owner sued the design firms in state court in Brazoria County, Texas, pursuant to the forum selection clause in the parties’ contracts. The defendants then removed the case to the federal district
Update Regarding New York’s New Registration Requirement for Contractors and Subcontractors Performing Public Works and Covered Private ProjectsOH Supreme Court Rules Against General Contractor in Construction Defect Coverage DisputeLiability Coverage for Claims of Publishing Secret Data Does Not Require Access by OthersManufacturer of Asbestos-Free Product May Still Be Liable for Asbestos Related InjuriesBert Hummel Appointed to Chief Justice’s Commission on ProfessionalismLouisiana 13th in List of Defective BridgesKahana Feld Partner Jeff Miragliotta and Senior Associate Rachael Marvin Obtain Early Dismissal of Commercial Litigation Cases in New York and New JerseyBoston Team Secures Summary Judgment Dismissal on Client’s Behalf in Serious Personal Injury CaseAEC Business Among Top Construction BlogsCondominium's Agent Owes No Duty to Injured Apartment OwnerReal Estate & Construction News Round-Up (08/10/22)Insurer’s Motion for Summary Judgment Based on Earth Movement Exclusion DeniedConstruction Jobs Keep Rising, with April Gain of 33,000Rise in Home Building Helps Other Job SectorsTexas res judicata and co-insurer defense costs contributionWhat Clauses Must a Contract Include?MetLife Takes Majority Stake in New San Francisco Office TowerFirst Trump Agenda Nuggets Hit ConstructionAI & Digital Tools on Construction Projects: Contract Risks to Address Before Peak SeasonHundreds of Coronavirus Coverage Cases Await Determination on ConsolidationImportant Insurance Alert for Out-of-State Contractors Assisting in Florida Recovery Efforts!Embattled SNC-Lavalin Files Ethics Appeal, Realigns StructureNot Pandemic-Proof: The Ongoing Impact of COVID-19 on the Commercial Construction IndustryLos Angeles Wildfires to Impact Profitability of US Property Insurers, Says GlobalDataFlorida’s Construction Defect Statute of ReposeWaiving Workers’ Compensation Immunity for Indemnity: Demystifying a Common and Scary-Looking Contract TermSo, You Have a Judgment Against a California Contractor or Subcontractor. What Next? How Can I Enforce Payment?Manhattan’s Property Boom Pushes Landlords to Sell EarlyApril Rise in Construction Spending Not That MuchServing Notice of Nonpayment Under Miller ActConstruction Litigation Roundup: “It’s One, Two… Eight Strikes: You’re Out!”No Damage for Delay? No Problem: Exceptions to the Enforceability of No Damage for Delay ClausesReal Estate Firms Push to Preserve Carried Interest Tax BreakInside New York’s Newest Architectural Masterpiece for the Mega-RichAngela Zanin Featured in LACBA List of Women’s History Month HonoreesSouth Dakota Supreme Court Holds That Faulty Workmanship Constitutes an “Occurrence”Court Holds That Self-Insured Retentions Exhaust Vertically And Awards Insured Mandatory Prejudgment Interest in Stringfellow Site Coverage DisputeA New Way to Design in 3D – Interview with Pouria Kay of Grib“Five for Five”: Newark Trial Team Achieves Another Favorable Result in Fifth 2025 Case to Proceed to Jury SelectionFacing Manslaughter Charges In Worker's 2021 Trench Collapse Death, Colorado Contractor Who Willfully Ignored Federal Law Surrenders To PoliceCA Senate Report States Caltrans ‘Gagged and Banished’ its CriticsBasement Foundation Systems’ Getting an OverhaulCourts Will Not Rewrite Your Post-Loss Property Insurance ObligationsDeescalating Hyper EscalationMake Sure You Comply with Florida’s Pre-Suit Notice Requirements for Construction DefectsNo Duty to Defend Construction Defect ClaimsEurope Is Stepping Up to Be the World’s Climate SheriffAppeals Court Upholds Decision by Referee in Trial Court for Antagan v Shea HomesWood Wizardry in Oregon: Innovation Raises the Roof for PDX TerminalManaging Rising Costs and Shifting Legal Risk for Florida High-Rise and Condominium ProjectsDenver Parking Garage Roof Collapses Crushing VehiclesCracked Girders Trigger Scrutiny of Salesforce Transit Center's Entire StructureThree White and Williams Lawyers Named Top Lawyers by Delaware TodayCivil Engineers: Montana's Infrastructure Grade Declines to a 'C-'Should Post Contract Award Tariffs be Reimbursable? Why Public Works Contractors Deserve ClarityWashington Court of Appeals Upholds Standard of Repose in Fruit Warehouse CaseHow Fort Lauderdale Recovered a Phished $1.2M Police HQ Project Payment
