Defend Now, Allocate Later? An Unresolved Tension in Colorado Construction Law
August 16, 2026 —
David McLain - Colorado Construction Litigation BlogFor decades, Colorado law has recognized an important distinction between the duty to defend and the duty to indemnify. The former ordinarily arises at the beginning of litigation; the latter generally cannot be determined until the underlying liability is known. That distinction makes intuitive sense. A defense that becomes due only after litigation concludes is not much of a defense.
But Colorado’s construction anti-indemnity statute, C.R.S. § 13-21-111.5(6), raises an interesting question about how that familiar rule operates in construction disputes. The statute expressly regulates contractual obligations not only to indemnify, but also to insure and defend, and it reflects a legislative policy that construction businesses should bear financial responsibility for their own negligence.
Those principles have developed along separate tracks. At some point, a Colorado appellate court may have to decide precisely how they fit together.
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David McLain, Higgins, Hopkins, McLain & Roswell, LLCMr. McLain may be contacted at
mclain@hhmrlaw.com
Snell & Wilmer Recognized With Top Honor in Ranking Arizona: Top Law Firms for 2026
June 22, 2026 —
Snell & WilmerPHOENIX – Snell & Wilmer is pleased to announce that the firm has been voted as the top law firm in Arizona for the 17th consecutive year in the 2026 edition of AZ Big Media’s
Ranking Arizona: The Best of Arizona Business. The firm was again recognized in the category of “Top 10 large law firms in Arizona” which looked at firms with 39 attorneys or more.
“We are honored to receive this award recognizing our team’s ongoing commitment to excellence in service of our clients, our community, and each other,” said Firm Chair Barbara J. Dawson. “We are proud to play a meaningful role in supporting the strength and growth of Arizona’s vibrant business environment amid a rapidly changing global economy.”
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Snell & Wilmer
Seattle’s Residential Zoning Transformation: What Property Owners, Buyers, and Investors Should Understand
May 14, 2026 —
Lawrence S. Glosser - Ahlers Cressman & Sleight PLLCSeattle is in the midst of a significant transformation in residential land use policy. Longstanding neighborhood zoning patterns that historically favored detached single-family development are being reexamined in response to housing supply pressures, affordability concerns, and evolving state mandates.
For homeowners, purchasers, investors, and builders, these changes may create substantial new opportunities. They also create a heightened need for careful legal and practical due diligence.
While zoning reform can expand potential uses of property, it does not eliminate the many other constraints that may still govern what can actually be built.
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Lawrence S. Glosser, Ahlers Cressman & Sleight PLLCMr. Glosser may be contacted at
larry.glosser@acslawyers.com
Segal McCambridge Shareholders and Associates Recognized in 2027 Best Lawyers in America®
September 01, 2026 —
Segal McCambridgeSegal McCambridge is pleased to announce that 24 firm shareholders and associates have been recognized in the 2027 editions of the Best Lawyers in America® and Best Lawyers: Ones to Watch® in America. Best Lawyers® is an elite global network of legal professionals recognized through a trusted, peer-reviewed distinction. For more than four decades, its Purely Peer Review® methodology has upheld the principle that recognition should be earned through the opinions of fellow attorneys, not marketing influence or paid listings. No fees are accepted for consideration or inclusion.
"This Best Lawyers recognition is especially meaningful because it reflects the caliber of advocacy our attorneys bring to clients every day, across a wide range of practice areas," said Jason P. Eckerly, Segal McCambridge Managing Shareholder. "We are proud to see so many of our colleagues honored for their legal skills, dedication, and professionalism. This continued recognition underscores the strength of our national platform and the depth of talent across our firm."
Segal McCambridge's attorneys named in Best Lawyers in America® include:
Jason P. Eckerly; Chicago, IL; Product Liability Litigation - Defendants
Scott R. Emery; New York, NY; Mass Tort Litigation / Class Actions - Defendants
Jay Evans; Pittsburgh, PA; Mass Tort Litigation / Class Actions - Defendants; Product Liability Litigation - Defendants
Richard H. Glucksman; Los Angeles, CA; Construction Law
Nathan R. Horne; Austin, TX; Construction Law; Litigation - Construction
Alice Sacks Johnston; Pittsburgh, PA; Commercial Litigation; Mass Tort Litigation / Class Actions - Defendants; Product Liability Litigation - Defendants
Patrick M. Kemp; Austin, TX; Litigation - Insurance
Mitchell P. Morinec; Chicago, IL; Commercial Litigation
Anthony J. Sbarra, Jr.; Milton, MA; Mass Tort Litigation / Class Actions - Defendants; Personal Injury Litigation - Defendants; Product Liability Litigation - Defendants
Alan J. Taylor; Southfield, MI; Litigation - Construction; Real Estate Law
Kenneth P. Williams; Southfield, MI; Insurance Law; Litigation - Insurance; Personal Injury Litigation - Defendants
David J. Yates; Southfield, MI; Personal Injury Litigation - Defendants
Segal McCambridge's attorneys named in Best Lawyers: Ones to Watch in America® include:
Masood Syed Ali; Chicago, IL; Labor and Employment Law - Management
Mari Bryn Dowdy; Austin, TX; Product Liability Litigation - Defendants
Chaniece M. Hill; Chicago, IL; Medical Malpractice Law - Defendants
Mandy Kolodkin; Indianapolis, IN; Personal Injury Litigation - Defendants
Jeffrey M. Marchese; New York, NY; Litigation - Construction
Courtney C. McLaren; Memphis, TN; Personal Injury Litigation - Defendants
Benjamin J. Nellans; Chicago, IL; Commercial Litigation
Christopher P. Norton; Los Angeles, CA; Commercial Litigation
Nelson T. Rainey; Memphis, TN; Family Law; Health Care Law; Personal Injury Litigation - Defendants
Nicholas E. Richardson; Tampa, FL; Insurance Law
Jordan B. Rosenberg; Philadelphia, PA; Personal Injury Litigation - Defendants
Ian M. Sadler; Austin, TX; Commercial Litigation; Insurance Law
About Best Lawyers®
Best Lawyers® is an elite global network of legal professionals recognized through trusted, peer-reviewed distinction. For over four decades, its Purely Peer Review® methodology has upheld the principle that recognition should be earned through the opinions of fellow attorneys, not marketing influence or paid listings. Each year, millions of confidential evaluations are collected worldwide, contributing to one of the legal industry's most rigorous and trusted vetting processes. Only about 5% of lawyers in the United States and 3% globally are recognized, reflecting the selectivity and credibility of the results. No fees are accepted for consideration or inclusion, maintaining the integrity and independence of all recognitions. For more information, visit: www.bestlawyers.com.
About Segal McCambridge
Segal McCambridge has built a reputation as a national law firm of accomplished trial attorneys for almost four decades. Founded in 1986, the firm has grown from a four-lawyer shop in Chicago to a firm with more than 20 offices nationwide. The firm routinely counsels and defends clients, including Fortune 500 companies, corporations, and individuals, across the United States in complex litigation matters including, but not limited to: asbestos, class action, construction, employment, environmental, food and beverage, insurance coverage and bad faith, life sciences, product liability, professional liability, technology and cyber risk, transportation, and warranty. For more information, visit: www.segalmccambridge.com.
Kahana Feld Opens New Office in Sacramento, Adding Key Litigator and Expanding Northern California Footprint
August 24, 2026 —
Kahana FeldIRVINE, CA – Aug. 11, 2026 – Kahana Feld is pleased to announce the opening of a new office in Sacramento, CA. This will be the firm’s 19th office across the United States. Partner Melvin F. Marcia has joined Kahana Feld and will lead the opening of the Sacramento office. He is joined by attorneys
Matthew Brenner and
Britney Lucchesi as well as paralegal Michelle Welcker.
“We’re excited to welcome Melvin to the Kahana Feld team and expand our footprint in Northern California,” said Amir Kahana, Firmwide Managing Partner of Kahana Feld. “His addition strengthens Kahana Feld’s capabilities and will allow us to work more closely with our general liability, construction defect, and labor and employment clients in the Sacramento area while continuing to provide the level of service and experience they have come to expect from our firm.”
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Kahana Feld
Ownership and Licensing in Design Agreements
April 14, 2026 —
Abby Dvorkin - Snell & WilmerThe ownership and licensing of design documents in professional services agreements play a significant role in protecting the interests of the design professional and the project owner during and after project completion. The ownership or licensing of the drawings provision typically outlines who owns the drawings and specifications, who can use the documents, and how the documents can be used during and after the project.
Project owners and developers should understand that payment for design services does not automatically transfer ownership or an exclusive right to use the professional design. Under U.S. copyright law, the default rule is that the design professional retains ownership of the instruments of service absent a contractual provision transferring ownership or a license. See 17 U.S.C. § 101, et seq. The Architectural Works Copyright Protection Act provides that copyright protection applies to “pictorial, graphic and sculptural works” and includes “architectural works.” 17 U.S.C. § 102. A design professional may only transfer copyright ownership in writing. 17 U.S.C. § 204(a).
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Abby Dvorkin, Snell & WilmerMs. Dvorkin may be contacted at
advorkin@swlaw.com
What Massachusetts Contractors and Developers Can Learn from Cannistraro v. Columbia Construction
July 13, 2026 —
Anthony LaPlaca & Luke Marston - The Construction SeytIntroduction
On June 26, 2026 the Massachusetts Supreme Judicial Court issued its decision in J.C. Cannistraro, LLC v. Columbia Construction Co.—a holding that sits at the intersection of Prompt Pay Act compliance and the Massachusetts Arbitration Act.
[1]
Most already know that the Massachusetts Prompt Pay Act (PPA) imposes strict timing and certification requirements for rejecting payment applications and proposed change orders on projects valued at $3 million or more. Most notably, the PPA requires the paying party to give the payee written notice of its approval or rejection of progress applications and proposed changes within 15 days of receipt, which notice must include a “factual and contractual basis for the rejection” and must be “certified as made in good faith.”
[2] In the absence of a timely certified notice, payment is “deemed to be approved” unless the payor properly rejects payment before it comes due.
[3]
Reprinted courtesy of
Anthony LaPlaca, Seyfarth Shaw LLP and
Luke Marston, Seyfarth Shaw LLP
Mr. LaPlaca may be contacted at alaplaca@seyfarth.com
Mr. Marston may be contacted at lmarston@seyfarth.com
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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.
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Kahana Feld
