Additional Insureds Owed a Defense in Underlying Personal Injury Suit
March 03, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe court granted partial summary judgment on the duty to defend to two additional insureds who were named as defendants in the underlying personal injury suit. In re Third St. Equity, LLC, 2025 U.S. Dist. LEXIS 234909 (E.D. N. Y. Dec. 2, 2025).
Third Street Equity LLD hired Developing NY State, LLC as the contractor for a construction project. Developing NY entered a subcontract agreement with Capital Source Concrete NY LLC for concrete work as well as labor and services for a construction project. The subcontract required that Capital Concrete keep the construction site free of debris, waste material or rubbish. Further, Capital Concrete was responsible for compliance with OSHA safety regulations. It was also agreed that Capital Concrete would obtain liability and workers compensation insurance naming Third Street and Developing NY as additional insureds.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
At the Intersection of Indemnity and Prevailing Wages
March 17, 2026 —
Garret Murai - California Construction Law BlogIn a case that I’m frankly surprised I don’t see more of, the 2nd District Court of Appeal of California examined an indemnity claim by a subcontractor against a general contractor and public entity who mistakenly believed that a construction project did not require the payment of prevailing wages.
The Nabors Case
In
Nabors Corporate Services, Inc. v. City of Long Beach, 108 Cal.App 540 (2025), subcontractor Nabors Corporate Services, Inc. sued general contractor Tidelands Oil Production Company and the City of Long Beach after it was found liable in a class action lawsuit for failing to pay prevailing wages to its employees. Nabors’ contract with Tidelands did not require the payment of prevailing wages and neither Tidelands nor the City believed that the project, which involved “oil well plug and abandonment” work, required the payment of prevailing wages.
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Garret Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
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
Managing Rising Costs and Shifting Legal Risk for Florida High-Rise and Condominium Projects
May 05, 2026 —
Stephen Hauptman - Ball Janik LLPFlorida's construction defect landscape is experiencing a major shift. The convergence of material and labor cost volatility, regulatory tightening, and increasingly complex litigation strategies is forcing associations, developers, and their counsel to rethink how they approach risk management and dispute resolution. For those managing large-scale condo and high-rise projects, the stakes have never been higher.
The Cost Volatility Trap
Construction material prices rose at a "staggering" 12.6% annualized rate during the first two months of 2026, according to
recent industry analysis. Tariff impacts are projected to lead to more increases of 5.4% to 6.8%, depending on property type. For associations facing construction defect claims, this volatility creates a cascading problem: repair scopes defined two years ago are now dramatically underpriced, and damage calculations that appeared reasonable at discovery are obsolete by the time of settlement.
Courts and mediators are increasingly scrutinizing how cost estimates were developed and whether they account for existing market circumstances. Associations must now commission updated repair assessments more frequently, a practice that increases investigation costs but strengthens the credibility of damage claims. Conversely, defendants are weaponizing cost inflation as a defense, arguing that claimed damages are speculative or inflated. The practical result: repair sequencing and phasing strategies have become critical litigation tools. Associations that can demonstrate a rational, cost-effective repair plan tied to current market data are more favorably placed in settlement negotiations.
Regulatory Pressure and Deliberate Timing
Florida's 2026 condo compliance regime has significantly changed the defect claims landscape. Elevated transparency requirements, stricter reserve funding mandates, and tightened building safety inspection protocols mean that associations now face dual pressures: Comply with new regulations while simultaneously handling construction defect exposure.
This regulatory environment is changing investigation and documentation strategy. Associations that delay defect investigation to avoid triggering reserve funding obligations or disclosure requirements are taking on considerable legal risk. Recent case law such as the Third District Court of Appeal's reaffirmation of Chapter 558's pre-suit mediation requirements, underscores Florida's intent to resolve disputes early. Associations that move deliberately and record carefully during the pre-suit phase gain leverage in mediation and reduce the risk of expensive litigation.
Timing also intersects with repair sequencing. Associations must now balance the urgency of compliance inspections against the strategic advantage of phased repairs. Some associations are using compliance deadlines as a forcing mechanism to accelerate settlement discussions, while others are sequencing repairs to demonstrate good-faith remediation efforts before litigation commences.
The Emerging Risk Transfer Challenge
As construction defect claims grow more complex and costly, the traditional risk transfer systems, such as design-build warranties, contractor bonds, and insurance, are proving inadequate. Developers and general contractors are increasingly shifting risk to subcontractors and material suppliers, fragmenting liability and complicating recovery efforts for associations. Permitting and approval friction is also creating new litigation pressure points. Delays in municipal approvals, changes to building code interpretations, and disputes over remedial work compliance continue to spawn collateral claims that go beyond the original defect. Associations must now anticipate not only defect liability but also regulatory compliance disputes with municipalities, creating a dual-front legal challenge.
For large communities, this means reconsidering the entire risk architecture. Insurance carriers are tightening coverage, and traditional indemnification chains are breaking down. Forward-thinking associations are engaging counsel earlier in the development process to negotiate clearer risk allocation provisions and more robust insurance requirements.
Taking a Data-Driven Approach
Managing rising costs and shifting legal risk in Florida's high-rise and condo market requires a more sophisticated, data-driven approach. Associations must commission frequent cost updates, move deliberately through pre-suit investigation and mediation, and challenge traditional assumptions about risk transfer. Developers and their counsel should view regulatory compliance not as a burden but as an opportunity to demonstrate good-faith risk management and strengthen settlement positioning.
The firms and associations that succeed in 2026 will be those that treat cost volatility, regulatory change, and litigation strategy not as separate challenges but as linked elements of a coherent risk management framework.
Stephen Hauptman is special counsel in Ball Janik LLP’s Fort Lauderdale office. He may be reached at shauptman@balljanik.com.
White and Williams LLP Recognized on the List of Largest Law Firms in Greater Philadelphia
March 03, 2026 —
White and Williams LLPWhite and Williams LLP was recently recognized on the list of Largest Law Firms in Greater Philadelphia by the Philadelphia Business Journal. The Firm is ranked #10 among the largest law firms in the Greater Philadelphia area.
This listing ranks over 500 law firms in the counties of Bucks, Chester, Delaware, Montgomery, or Philadelphia in Pennsylvania; Atlantic, Burlington, Camden, or Gloucester in New Jersey, and Kent or New Castle in Delaware. White and Williams has been named on the list since 2023.
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White and Williams LLP
Legal 500 US Ranks Hunton’s Insurance Coverage Team Among Top Policyholder Practices in 2026 Guide
July 06, 2026 —
Hunton Insurance Recovery BlogHunton’s insurance coverage practice was once again recognized among the nation’s top policyholder insurance practices, receiving a Band 2 national ranking in the 2026 United States Edition of The Legal 500 for Insurance: Advice to Policyholders. The Legal 500 recognizes firms solely based on merit through numerous factors including client feedback and peer input.
Bolstering the team’s national recognition, several coverage lawyers received individual accolades: special counsel
Lorelie “Lorie” S. Masters was named to The Legal 500’s Hall of Fame; team head
Syed S. Ahmad and partner
Michael S. Levine were named Leading Lawyers; and partners
Andrea DeField and
Latosha M. Ellis were named Next Generation Partners. In addition, partners
Walter J. Andrews,
Lawrence J. Bracken II, and
Koorosh “KT” Talieh were recognized as Key Lawyers on the team.
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Hunton Andrews Kurth LLP
Traub Lieberman Attorneys Recognized as 2026 Illinois Super Lawyers® and Rising Stars
February 02, 2026 —
Traub LiebermanTraub Lieberman is pleased to announce that two Partners from the Chicago, IL office have been selected to the 2026 Illinois Super Lawyers list. In addition, two Associates have been named to the 2026 Super Lawyers Rising Stars list.
2026 Illinois Super Lawyers
- Brian Bassett – Insurance Coverage
- Dana Rice – Insurance Coverage
2026 Super Lawyers Rising Stars
- Timothy Crane – Insurance Coverage
- Anthony Morelli – Civil Litigation
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Traub Lieberman
AIA Waivers Under Fire: Why Post-Completion Losses May Still Be Actionable
January 26, 2026 —
Lian Skaf - The Subrogation StrategistOn its face, the power of a waiver of subrogation clause in a construction contract is profound. It bars otherwise actionable – and sometimes egregious – losses resulting from contractor carelessness before they can ever get started. One question courts have long battled with is the limits to the lasting effects of such a waiver. Whether the waiver power can be transferred amongst parties, applied to third parties or used with policies taken out after construction completion are among the few grey areas that have kept subrogation practitioners and the courts busy. Recently, a federal court in Idaho clarified its position on the power to waive subrogation.
In Seneca Ins. Co. v. McAlvain Constr., Inc., No. 1:24-cv-00340-BLW, 2025 U.S. Dist. LEXIS 251777 (D. Idaho), the United States District Court for the District of Idaho (District Court) addressed whether a subrogation waiver in an AIA construction contract, signed between an owner and the general contractor, applied to the subsequent owner of a building. In doing so, the court looked at the limiting language of the waiver as well as the contractual posture of the subsequent owner. Ultimately, the court found the waiver inapplicable, denying the motion for summary judgment of Defendant, Cross-Plaintiff McAlvain Construction, Inc. (McAlvain).
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Lian Skaf, White and WilliamsMr. Skaf may be contacted at
skafl@whiteandwilliams.com
