Ball Janik LLP Strengthens Miami Construction Defect Team with Litigator Nicolas Aixala
October 26, 2026 —
Ball Janik LLPMIAMI, FL, October 22, 2026 —
Ball Janik LLP has added Nicolas Aixala to its Construction Defect Practice Group as an associate in the firm's Miami office. Aixala brings experience in construction and civil litigation, along with a perspective many litigators don't have: a view from the public side of development, gained researching land use and zoning matters for the City of Miami.
"Construction disputes in South Florida rarely stay inside the four walls of a building. Zoning, permitting, and local regulation are often part of the story," said James C. Prichard, Managing Partner of Ball Janik LLP. "Nicolas has seen that landscape from the city's side of the table, and he pairs it with solid litigation training. That combination helps us quickly size up the development and regulatory issues our clients face. We're glad to have him on our Miami team."
Before joining Ball Janik, Aixala clerked at Miami-area law firms, supporting attorneys in construction litigation and a range of civil matters through legal research, motion practice, discovery, deposition preparation, and trial preparation. He also interned with the City of Miami, assisting with legal research and opinions on land use and zoning matters, including the City of Miami Zoning Code, known as Miami 21. That work gave him a close look at how local policy shapes development, and how it affects the neighborhoods and property owners who live with the results.
"A building is one of the biggest investments a property owner will ever make, and when construction goes wrong, they need advocates who understand both the courtroom and the local landscape," said Aixala. "Ball Janik handles complex construction litigation with a practical, client-focused approach. I'm excited to bring my litigation experience and local knowledge to this team and to the property owners it serves across South Florida."
Aixala earned his J.D. from the University of Miami School of Law, where he was a member of the Yvette Ostolaza Mock Trial Team and the Cuban American Bar Association. He received his B.S. in Business Administration from the University of Central Florida, with a minor in Legal Studies and a certificate in Entrepreneurship.
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 70-plus attorneys and paralegals in five offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, including for its construction law capabilities in Florida, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, Super Lawyers, and Corporate International. Read more at
www.balljanik.com.
Delay Matters: Florida’s Fourth DCA Reverses Hurricane Irma Dismissal
June 08, 2026 —
Andrea DeField, Machaella Reisman & Cary D. Steklof - Hunton Insurance Recovery BlogThe mantra “delay, deny, defend” is frequently referenced in discussions of insurance claims handling, though insurers will invariably disavow these tactics. While it would be facially improper for an insurer to delay a coverage decision to gain a tactical advantage, empirical examples nonetheless exist. This very dynamic was addressed by Florida’s Fourth District Court of Appeals when it handed policyholders a win in
Hypoluxo Mariner’s Cay Condo. Assoc’n, Inc. v. Underwriters at Lloyd’s London, No. 4D2024‑2250 (Fla. 4th DCA Apr. 1, 2026), reversing a trial court order dismissing a condominium association’s Hurricane Irma coverage lawsuit against its property insurer.
Delay to Run the Statute of Limitations
Following Hurricane Irma, a condominium association suffered roof and exterior envelope damage, reported an insurance claim, and submitted a sworn proof of loss to its property insurer in compliance with Florida Statute § 627.70132 (2020). The statute establishes a timeframe within which a policyholder must submit a claim for hurricane damage.
Reprinted courtesy of
Andrea DeField, Hunton Andrews Kurth LLP,
Machaella Reisman, Hunton Andrews Kurth LLP and
Cary D. Steklof, Hunton Andrews Kurth LLP
Ms. DeField may be contacted at adefield@hunton.com
Ms. Reisman may be contacted at reismanm@hunton.com
Mr. Steklof may be contacted at csteklof@hunton.com
Read the full story...
The Deadline to File Suit on a Public Works Payment Payment Bond is Triggered by a Claimant’s Work on a Project Not by a Claimant’s Work Under a Contract
June 02, 2026 —
Garret D. Murai - California Construction Law BlogCalifornia law requires that prime contractors furnish a payment bond – providing for payment to lower-tiered subcontractors and suppliers – on state and local public works projects with a value in excess of $25,000. There are three conditions that must be satisfied when a claimant makes a claim against a payment bond on a public works project in California:
- First, generally, the claimant must have served a preliminary notice, unless the claimant is a first-tier subcontractor or supplier;
- The claimant must have “ceased to provide work” on the project; and
- The claimant must file suit against the payment bond no later than six (6) months after the period in which a stop payment notice must be given or, in other words, the earlier of 270 days after completion of the public works project or 210 days after a notice of completion or cessation was recorded on a public works project.
In
Tarlton & Sons, Inc. v. Great American Insurance Company, 111 Cal.App.5th 376 (2025), the 2nd District Court of Appeal examined whether a subcontractor timely filed a claim against a payment bond when a prime contractor was terminated and replaced by another prime contractor who the subcontractor continued to perform work for.
Read the full story...Reprinted courtesy of
Garret D. Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
Nomos LLP Partner Garret Murai Recognized by Super Lawyers
July 13, 2026 —
Garret D. Murai - California Construction Law BlogNomos LLP Partner Garret Murai has been recognized as a 2026 Northern California Super Lawyer honoree in the area of Construction Litigation. This is the thirteenth consecutive year he has been recognized by Super Lawyers.
Super Lawyers, an annual listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and personal achievement, is limited to no more than five percent (5%) of lawyers in a state who are selected through a multiphase process that includes a statewide survey of lawyers, independent research evaluation and peer reviews by practice area.
Read the full story...Reprinted courtesy of
Garret D. Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
Potential Gap in Workers Compensation Immunity Statutory Framework
June 02, 2026 —
David Adelstein - Florida Construction Legal UpdatesWorkers compensation insurance is important. As an owner, you want to ensure the contractors you hire have workers compensation insurance. Assuming you hire a contractor that is statutorily exempt from workers compensation, you want to make sure, no exception, that any subcontractor that is hired has workers compensation insurance. (Regardless, you always want subcontractors to have workers compensation insurance.). In construction, the prime contractor serves as the “
statutory employer” for purposes of workers compensation insurance.
With workers compensation comes
workers compensation immunity.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Fight for Your Right: Effects of FAR Final Rule on Construction
October 12, 2026 —
Michael Altman - Construction ExecutiveSince the Federal Acquisition Regulation final rule Use of Project Labor Agreements for Federal Construction Projects took effect, contractors seeking to compete for federal projects of $35 million or more must “negotiate or become a party to a project labor agreement with one or more labor organizations.” While this requirement significantly reduces competition for covered procurements, contractors may seek to restore competition on individual solicitations by filing a bid protest with the U.S. Court of Federal Claims.
Bid protests through the COFC become possible once a federal agency posts a solicitation that includes contract provisions mandating a PLA. (In some cases, a presolicitation notice that a PLA mandate will be applied may be sufficient.)
Reprinted courtesy of
Michael Altman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...Mr. Altman may be contacted at
altman@abc.org
Lost in Translation: AEC Tech’s Missing Role
May 12, 2026 —
Aarni Heiskanen - AEC BusinessI once visited a construction site where the contractor’s headquarters had commissioned a tech company to build an on-site quality-inspection application. The developer had admitted to the site engineer that they had never set foot on a construction site before. The engineer showed me what he was actually using: his own phone camera and an Excel sheet. The new app did not map to how work actually happened on site.
This is not an isolated story. The vendor builds something technically coherent but operationally disconnected. The client, somewhere up the chain, had fallen in love with the idea of the solution before anyone had built an honest business case for it.
The result is a tool that gets demonstrated at a board meeting but isn’t used in the field.
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Colorado’s New Mechanics’ Lien Protections: What S.B. 26-074 Means for Your Next Project
October 27, 2026 —
Maria Conversa - Snell & WilmerStarting August 12, 2026, Colorado’s mechanics’ lien statute underwent its most significant update in years. Colorado’s General Assembly enacted Senate Bill 26-074 on April 6, 2026, and the new law directly addressed a problem that has plagued contractors and subcontractors for decades. For years, a contractor and subcontractor who filed a lien for the full amount it believed was due — particularly when that amount included disputed costs, delay damages, or lost productivity — risked triggering the “excessive lien” penalty. That penalty could force the claimant to forfeit its lien rights entirely and pay the other side’s attorney fees. The new law expands the categories of costs to be claimed by good-faith lien claimants, while still protecting against truly abusive filings. General contractors, subcontractors, suppliers, owners, and lenders all need to understand these changes.
What the Bill Changed
1. Lien Value May Include Disputed Amounts
The bill amends the core lien statute to insert the phrase “whether disputed or undisputed” into the description of lienable value. Prior law referenced only “the value” of labor, services, or materials furnished. The new text confirms that a lien can attach for amounts the parties still dispute. A claimant no longer needs the owner or general contractor to agree on the amount before filing.
Read the full story...Reprinted courtesy of
Maria Conversa, Snell & WilmerMs. Conversa may be contacted at
mconversa@swlaw.com
