Supreme Court Strikes Down IEEPA Tariffs: The Refund Process Will Be Messy
March 10, 2026 —
Brett W. Johnson, Derek Flint, T. Troy Galan & Thomas Williams - Snell & WilmerOn February 20, 2026, the U.S. Supreme Court held in Learning Resources, Inc. v. Trump, and the consolidated case Trump v. V.O.S. Selections, Inc., that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs unilaterally.1 The decision invalidates both the “reciprocal” tariffs and the drug-trafficking tariffs imposed under IEEPA.
For importers, the immediate question is whether, how, and when refunds can actually be obtained. On that issue, the U.S. Supreme Court provided no roadmap. To the contrary, the dissent warned that the United States “may be required to refund billions of dollars,” that the process is likely to be a “mess,” and that the majority opinion “says nothing today about whether, and if so how, the Government should go about returning the billions of dollars that it has collected from importers.”
Reprinted courtesy of
Brett W. Johnson, Snell & Wilmer,
Derek Flint, Snell & Wilmer,
T. Troy Galan, Snell & Wilmer and
Thomas Williams, Snell & Wilmer
Mr. Johnson may be contacted at bwjohnson@swlaw.com
Mr. Flint may be contacted at dflint@swlaw.com
Mr. Galan may be contacted at tgalan@swlaw.com
Mr. Williams may be contacted at twilliams@swlaw.com>
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Thomson Reuters Construction Law (Virginia Practice Series)
March 31, 2026 —
Jennifer L. Harris & Michael A. Branca - Peckar & Abramson, P.C.P&A Partners Michael A. Branca and Jennifer L. Harris have authored the most recent edition (2025) of Construction Law (Virginia Practice Series), part of Thomson Reuters’ ProView legal reference library. Associate
Julia Loudenburg also provided substantial assistance for this edition.
Construction Law includes summaries and analysis of statutes, regulations, and cases. It covers all major legal issues, including:
- Licensing
- Building code compliance
- Public-private partnerships
- Public contract bidding and performance
- Dispute resolution
- Damages
- Third-party liability
- Liens and bonds
Reprinted courtesy of
Jennifer L. Harris, Peckar & Abramson, P.C. and
Michael A. Branca, Peckar & Abramson, P.C.
Ms. Harris may be contacted at jharris@pecklaw.com
Mr. Branca may be contacted at mbranca@pecklaw.com
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Real Estate & Construction News Roundup (3/11/25) – An AI Inflection Point for Hotels, Investor Pivot in Build-to-Rent and Looming Legislation for Single-Family Investors
March 24, 2026 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, lodging demand for World Cup brings growth, commercial property management firms use of AI becomes firmer, construction industry shows slow start to the year, and more!
Read the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
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 court in Galveston, a courthouse in a different county. But the owner wanted the case back in Brazoria County state court. Whether it got its wish came down to two words in the contract: “situated in.” This article is about words like those.
A construction contract’s forum selection clause names the place for the fight nobody plans to have, and where that fight happens can shape how it goes. This article explains why the wording in your forum selection clause deserves careful reading before you sign a construction contract. It is not a deep dive into the mechanics of federal removal jurisdiction, and it is not an academic comparison of the terms “forum” and “venue.” Instead, it is a practical look at how courts actually read these clauses, so the location of a future fight is the one you intended.
Read the full story...Reprinted courtesy of
Brad Sands, Jones Walker, LLPMr. Sands may be contacted at
bsands@joneswalker.com
Construction Companies Are Nearly Seven Times Safer With These Best Practices
June 15, 2026 —
ABC - Construction ExecutiveWASHINGTON, May 4—Associated Builders and Contractors released its
2026 Health and Safety Performance Report, an annual guide to health and safety best practices on construction jobsites. The 2026 report shows the positive effects of participating in
ABC’s STEP® Health and Safety Management System, which enables top-performing ABC members to achieve incident rates 686% safer than the U.S. Bureau of Labor Statistics construction industry average, reducing total recordable incident rates by 85%.
Established in 1989, STEP is a proven system that provides contractors and suppliers with a
robust, no-cost framework for measuring health and safety data and benchmarking with peers in the industry. This self-assessment tool helps participants identify real opportunities for scalable growth in their health and safety programs to lower their total recordable incident rates and become an employer of choice in a competitive labor market.
Reprinted courtesy of
ABC, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Four Kahana Feld Attorneys Selected to 2027 Southern California Super Lawyers® and Rising Stars Lists
August 16, 2026 —
Kahana FeldIRVINE, CA – Aug. 3, 2026 – Kahana Feld is pleased to announce that partners
Jason Feld,
Amir Kahana, and
Sharon Oh-Kubisch were selected to the 2027 Southern California Super Lawyers list, and attorney
Hannah Ellenhorn Bloom was selected to the 2027 Southern California Super Lawyers Rising Stars list.
Jason Feld was recognized in the area of Construction Litigation. He is a founding partner of Kahana Feld and 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
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 cl
Legislative Changes that Impact Construction 2017No Indemnity After Insured Settles Breach of Implied Warranty of Habitability ClaimsHOA Fines Capped at $100: Immediate Impact of California’s AB 130Mortgage Battle Flares as U.K. Homebuying Loses AllureCoping with Labor & Install Issues in Green BuildingStorm Debby Is Deadly — Because It’s SlowCalifornia Supreme Court to Examine Arbitration Provisions in Several Upcoming CasesMeritage Acquires Legendary CommunitiesCommercial Development Nearly Quadruples in Jacksonville AreaWill Maryland Beltway Developer's Exit Doom $7.6B P3 Project?Preservationists Want to Save Penn Station. Yes, That Penn Station.Connecticut Supreme Court Further Refines Meaning of "Collapse"The OFCCP’s November 2019 Updated Technical Assistance Guide: What Every Federal Construction Contractor Should KnowCapitol View-Corridor Restrictions Affect Massing of Austin’s Tallest TowerContract Void Ab Initio: Key Insights into the KBR vs. Corps of Engineers Affirmative DefenseRachel Reynolds Selected as Prime Member of ADTACare, Custody or Control Exclusion Requires Complete and Exclusive Control by Insured Claiming CoverageAttention Contractors: U.S. Department of Labor Issues Guidance on Avoiding Discrimination When Using AI in HiringSavera Sandhu Joins Newmeyer Dillion As PartnerBuild, Baby, Build. But Not Like This, Britain.Crime Policy Insurance Quotes Falsely Represented the Scope of its Coverage2018 Construction Outlook: Mature Expansion, Deceleration in Some Sectors, Continued Growth in OthersContractors Board May Discipline Over Workers’ Comp ReportingSuperintendent’s On-Site Supervision Compensable as Labor Under Miller ActGet Construction Defects in Writing Liability Coverage for Claims of Publishing Secret Data Does Not Require Access by OthersWhen is a “Willful” Violation Willful (or Not) Under California’s Contractor Enforcement Statutes?Defend Trade Secret Act of 2016–-Federalizing Trade Secret LawWilke Fleury Attorneys Featured in 2021 Best Lawyers in America and Best Lawyers: Ones To Watch!A Deep Dive Into an Undervalued Urban MarvelIndustry Standard and Sole Negligence Defenses Can’t Fix a DefectConsultant’s Corner: Why Should Construction Business Owners Care about Cyber Liability Insurance?Differing Site Conditions Claim Requires a MisrepresentationWhat to do about California’s Defect-Ridden Board of Equalization BuildingHow Berger’s Peer Review Role Figures In Potential Bridge Collapse SettlementNew York's Highest Court Says Asbestos Causation Requires Evidence Of Sufficient Exposure To Sustain LiabilityEven Toilets Aren’t Safe as Hackers Target Home DevicesWindows and Lawsuits Fly at W HotelNevada Senate Rejects Construction Defect BillFeds Used Wire to Crack Las Vegas HOA ScamPotential Pitfalls Under the Contract Disputes Act for Federal Government ContractorsContractor Entitled to Continued Defense Against Allegations of Faulty ConstructionLas Vegas HOA Case Defense Attorney Alleges Misconduct by Justice DepartmentConstruction Slow to Begin in Superstorm Sandy CasesRevised Federal Rule Regarding Class-Wide SettlementsConstruction Defects could become Issue in Governor’s RaceAngela Cooner Named "Top Lawyer" by Phoenix Magazine in Inaugural PublicationGovernment Claiming Contract Is Void Ab Initio by Contractor Knowingly Making False StatementsTraub Lieberman Partner Lisa M. Rolle Obtains Pre-Answer Motion to Dismiss in Favor of DefendantChange #7- Contractor’s Means & Methods (law note)One More Statutory Tweak of Interest to VA Construction ProsFlorida Self-Insured Retention Satisfaction and Made Whole DoctrineWestern Specialty Contractors Branches in San Francisco and Cleveland Take Home Top Industry HonorsKiewit Hired as EPC for Fire-Damaged Freeport Gas Terminal FixComparative Breach of Contract – The New Benefit of the Bargain in Construction?Florida Construction Defect Decision Part of Lengthy EvolutionTraub Lieberman Partner Ryan Parker and Associate Melina Lowe Win Verdict Finding No Liability in Favor of Condo OwnersCalifornia Supreme Court Clarifies Deadline to File Anti-SLAPP Motions in Light of Amended PleadingsStudy Finds San Francisco Bay is Sinking Faster than ExpectedCross-Motions for Partial Judgment on the Pleadings for COVID-19 Claim DeniedNevada Supreme Court Holds That Insureds Can Use Extrinsic Evidence to Prove Duty to DefendBe Careful When Requiring Fitness for Duty ExaminationsFederal Miller Act Payment Bond Claim: Who Gets Paid and Who Does Not? What Are the Deadlines?Property Damage Caused By Construction Next Door Covered as Ensuing LossBrazil's Success at Hosting World Cup Bodes Well for Olympics
