2026 Construction Outlook: Dampening Outlook With Some Potential Bright Spots
February 17, 2026 —
Garret Murai - California Construction Law BlogAccording to Dodge Construction Network’s Outlook 2026 Ebook, “the construction industry came roaring into 2025” – with large government investments through the Infrastructure Bill and the CHIPS Act (promoting investment in the domestic semiconductor industry), as well as outsized spending on data centers to support cloud and AI technology – but “throttled back significantly” due to “rapid changes to economic and fiscal policies.”
These changes include short-term cost impacts due to tariffs and labor impacts due to the federal government’s immigration crackdown and long-term concerns following enactment of the One Big Beautiful Bill (OBBBA) which is anticipated to add $3.4 trillion to the federal deficit over ten years.
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Garret Murai, NomosMr. Murai may be contacted at
gmurai@nomosllp.com
How to Properly Fill Out and Use the Conditional Waiver and Release on Final Payment Form Used in California Construction
December 30, 2025 —
William L. Porter - Porter Law GroupThis is the third article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138.
Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys who revised those sections of the California Civil Code dealing with this release form and many other construction forms as part of Senate Bill 189 in 2010. I also wrote the first version of this release form and made it free to the public well before the new law took effect in 2012. With this background, let me note a few things about the Conditional Waiver and Release on Final Payment form to help you avoid mistakes that might prevent you from achieving the intended effect of the form or releasing claim rights to a greater extent than you intend.
At the end of this article is a copy of the form itself which includes numbers coinciding with the instructions I will give below. A live electronically fillable version of the form is available on our firm’s website (www.porterlaw.com) under the “Forms” section. It is free and you can fill it out on your screen before printing it out and signing it.
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William L. Porter, Porter Law GroupMr. Porter may be contacted at
bporter@porterlaw.com
What if the Supreme Court Overrules the Reciprocal Tariffs? Plan Now for Refunds, Protests, and Contract Reconciliation
December 15, 2025 —
Brett W. Johnson, T. Troy Galan, Cole Craghan & Thomas Williams - Snell & WilmerAs the U.S. Supreme Court weighs the legality of President Trump’s “reciprocal tariffs,” companies that sell goods internationally face a pivotal inflection point. If the tariffs are struck down, the decision will not simply unwind a trade policy — it may trigger a complex refund process involving billions of dollars in tariffs. This will lead to disputes over who receives repayment, and potential friction between suppliers and customers whose contracts passed tariff costs downstream.
Such disputes appear to be on the horizon, as the U.S. Supreme Court considered oral arguments on the reciprocal tariffs on November 5, 2025, and several Justices signaled their skepticism about whether the International Emergency Economic Powers Act (IEEPA) permits the president to impose tariffs unilaterally. While the outcome remains uncertain, businesses that act now to preserve refund rights and clarify contractual obligations may be best positioned to receive refunds and avoid costly disputes if the tariffs are ordered to be repaid.
Reprinted courtesy of
Brett W. Johnson, Snell & Wilmer,
T. Troy Galan, Snell & Wilmer,
Cole Craghan, Snell & Wilmer and
Thomas Williams, Snell & Wilmer
Mr. Johnson may be contacted at bwjohnson@swlaw.com
Mr. Galan may be contacted at tgalan@swlaw.com
Mr. Craghan may be contacted at ccraghan@swlaw.com
Mr. Williams may be contacted at twilliams@swlaw.com
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Ball Janik LLP Elevates Construction Litigation Attorneys Keegan A. Berry and Nicholas B. Vargo to Partner
February 02, 2026 —
Ball Janik LLPOrlando, FL – January 28, 2026 –
Ball Janik LLP is pleased to announce the elevation of
Keegan A. Berry and
Nicholas B. Vargo to Partner, effective 2026. Both attorneys are dedicated to their clients and have provided significant contributions to the firm's Construction Defect and Litigation practice.
"Keegan and Nicholas exemplify the excellence and client-focused approach that define Ball Janik LLP," said James C. Prichard, Managing Partner of Ball Janik LLP. "Their elevation to Partner reflects not only their exceptional legal skills and dedication to our clients but also their commitment to advancing the firm's mission. We are proud to recognize their achievements and look forward to their continued leadership."
Berry is based in Ball Janik LLP's Orlando office and is a Florida Bar Board Certified Specialist in Construction Law. Throughout his career, Berry has focused on complex litigation and resolving matters through arbitration, alternative dispute resolution, and trial, with extensive experience both prosecuting and defending construction claims on behalf of owners, contractors, and manufacturers. His practice also encompasses complex commercial and general litigation, including business torts, professional liability, products liability, and general liability.
"I'm honored to continue serving Florida's business and property owner communities as a partner at Ball Janik, leveraging my experience to deliver efficient, results-driven solutions in even the most complex construction disputes," said Berry.
Vargo is based in Ball Janik LLP's Tampa office and is a Florida Bar Board Certified Specialist in Construction Law. He focuses on Construction Litigation, representing residential and commercial property owners in construction defect litigation. Vargo has spent most of his career in construction defect law with Ball Janik and has been instrumental in growing Ball Janik's presence in Florida's west coast.
"Becoming a partner at Ball Janik is both a privilege and a responsibility, and I look forward to continuing to advocate fiercely for our clients while holding accountable those who attempt to evade their obligations," said Vargo.
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/.
New Report Outlines Roadmap for Construction Jobsites to Cut Carbon Emissions by 2040
April 20, 2026 —
PCL ConstructionDenver, Colo., April 16, 2026 (GLOBE NEWSWIRE) -- A new industry report outlines five practical steps that, when implemented together, could reduce construction jobsite emissions by up to 75% without compromising cost, schedule or performance. Grounded in real operational data from 617 construction projects across the U.S. and Canada, Growing and Greening Canadian Construction represents the most comprehensive sector-wide analysis of jobsite emissions conducted to date.
The report was developed through a collaboration among leading general contractors, including
PCL Construction, in partnership with the Transition Accelerator, an organization that drives projects, partnerships, and strategies to promote economic competitiveness in a carbon‑neutral world. The report focuses specifically on emissions from construction jobsite activities and reflects a shared commitment to advancing practical, scalable solutions for the industry.
About PCL Construction
PCL is a group of independent construction companies that operates throughout the United States, Canada, the Caribbean and Australia. As one of the largest contracting organizations in North America, PCL completes more than $9.9 billion USD in work annually, building projects that shape communities. The company’s 100% employee ownership model fuels a culture of commitment for clients in the buildings, civil infrastructure, heavy industrial and solar markets. With a strategic presence in more than 30 major centers, PCL’s leadership teams consistently drive innovation and set new benchmarks for excellence, bringing unparalleled skill to every project. Watch us build at PCL.com.
About the Transition Accelerator
The Transition Accelerator works with 300+ partner organizations across Canada to build out pathways to a prosperous low-carbon economy and avoid costly dead-ends along the way. We help governments and industry harness the global shift towards clean growth to secure permanent jobs, abundant energy, and strong regional economies across the country. By connecting systems-level thinking with real-world analysis, we’re enabling a more affordable, competitive, and resilient future.
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New California Law Requires Real Estate Agents and Brokers to Disclose AI Alterations in Listings
January 21, 2026 —
Brian Slome - Lewis BrisboisSan Diego, Calif. (December 19, 2025) - Artificial intelligence and digital marketing have become ubiquitous in real estate advertising. The widespread use of AI creates risk for consumers who don’t know whether images shown online or on the multiple listing services are real. A new California law that goes into effect in January 2026 tries to draw a clear line: innovation is welcome but deception is not.
The state’s new law requires licensed real estate brokers and salespersons to disclose when images used in advertisement and promotional materials have been digitally altered and to provide access to the original, unaltered images. The law is intended to enhance transparency in real estate advertising and to reduce the risk of consumer deception arising from image editing, virtual staging, or other digital modifications.
Who Is Covered
The law applies to real estate agents, brokers, developers, and marketing staff involved in property advertising. It encompasses advertisements including those in print and online.
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Brian Slome, Lewis BrisboisMr. Slome may be contacted at
Brian.Slome@lewisbrisbois.com
LA Fire Victims Can Pursue City Utility Claims, Judge Rules
March 10, 2026 —
Jef Feeley & Maxwell Adler - BloombergThe water and power utility that serves the city of Los Angeles must face hundreds of lawsuits faulting its response to the massive 2025 wildfire that leveled one of the city’s premier seaside neighborhoods and caused tens of billions of dollars in damage.
In a significant victory for fire victims, Los Angeles Superior Court Judge Samantha Jessner concluded in a
written ruling Thursday that a unique California law allows property and business owners to pursue claims that the Los Angeles Department of Water and Power failed to supply enough water to fight the blaze that consumed the Pacific Palisades area.
Over strong objections from lawyers for the nation’s largest public utility, Jessner finalized a tentative ruling she issued last week concluding victims have a legal basis to move forward with allegations a city reservoir drained for repairs left fire hydrants with inadequate water pressure and helped the wind-whipped blaze get out of control.
Reprinted courtesy of
Jef Feeley, Bloomberg and
Maxwell Adler, Bloomberg Read the full story...
Elliott Backed Venture Sues Lloyds Over Avant Cladding, Times Reports
February 17, 2026 —
Eamon Farhat - BloombergElliott Investment Management and British housing tycoon Jeff Fairburn, joint-venture partners in UK homebuilder
Avant Homes Group, are suing
Lloyds Banking Group Plc over who should pay to fix properties that fail to meet post-Grenfell fire-safety standards, the Times reported.
Avant, which faces remediation costs of at least £107 million ($146 million) for potentially dangerous cladding, argues that Lloyds should shoulder part of the bill because most of the developments were built before 2014, when the homebuilder was under the bank’s ownership, the Times reported.
Cladding has become a contentious issue in the UK following the Grenfell Tower fire in June 2017, in which dozens died after flames spread rapidly through flammable exterior cladding on the West London high-rise, laying bare deep failures in Britain’s building safety regulations.
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Eamon Farhat, Bloomberg
