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DIRECTORY AND CAPABILITIES

Massachusetts Settlement Targets Mortgage-Backed “Homeowner Benefit” Agreements

April 08, 2026 — A.J. S. Dhaliwal, Mehul N. Madia & Maxwell Earp-Thomas - Sheppard
On March 11, Massachusetts Attorney General Andrea Joy Campbell announced a consent order with a real estate-related lender’s subsidiary, and affiliated individuals resolving allegations that the company violated the Massachusetts Consumer Protection Act by deceptively marketing mortgage-backed “Homeowner Benefit Agreements” to financially struggling homeowners. According to the complaint, the company offered homeowners relatively small upfront cash payments, typically less than $1,500, in exchange for a 40-year exclusive right to act as the listing broker if the homeowner later sold the property. The Attorney General alleged that the agreements also triggered substantial payment obligations upon other transfers, including death or foreclosure, and that the transactions were secured by recorded mortgages that could interfere with refinancing, home-equity access, or the ability to sell the home. The complaint further alleged that the company marketed the product to vulnerable consumers searching for loans or public benefits while obscuring the true nature of the transaction. Reprinted courtesy of A.J. S. Dhaliwal, Sheppard, Mehul N. Madia, Sheppard and Maxwell Earp-Thomas, Sheppard Mr. Dhaliwal may be contacted

AI & Digital Tools on Construction Projects: Contract Risks to Address Before Peak Season

April 08, 2026 — Meghan Douris - The Construction Seyt
Artificial intelligence and advanced digital tools are no longer experimental on construction projects. In Q1 of 2026, we can already see how they are already influe

Protect Your Projects By Identifying and Controlling Hidden Contract Risks

March 10, 2026 — Larry Borda & Daniel Lund III - JD Supra
In a recent webinar entitled “Spreading the Risk and Avoiding Killer Contract Clauses,” Phelps lawyers Daniel Lund and Larry Borda examined contractual provisions that most often expose construction professionals to unexpected financial and legal risk. While construction contracts may appear routine, each contract serves as the primary mechanism for managing, allocating, and mitigating risk among parties involved in complex projects—often valued in the hundreds of millions or billions of dollars. When parties fail to fully understand the terms they sign, costly and avoidable consequences frequently follow.

Damage from Frozen Pipes Excluded from Coverage

March 31, 2026 — Tred R. Eyerly - Insurance Law Hawaii
Applying Texas law, the federal district court found there was no coverage for damage to the insured’s commercial building due to the bursting of frozen pipes. Barona v. State Farm Lloyds, 2025 U.S. Dist. LEXIS 257379 (S.D. Texas Dec. 12, 2025). Freezing weather froze Barona’s plumbing fixtures, causing significant water damage to the commercial property when the plumbing eventually expanded and burst. State Farm sent an inspector. During the inspection, Barona stated that he turned off the heat to his building but did not shut off the water supply or drain the pipes. State Farm denied covered based on the policy’s exclusion for frozen plumbing. Read the full story...
Reprinted courtesy of Fatalities Edge Down: New Data Reveals a Promising DeclineApril 27, 2026 — Construction Executive
Construction fatalities in the United States declined slightly in 20

Nomos LLP Partner Garret Murai Recognized by Super Lawyers

July 13, 2026 — Garret D. Murai - California Construction Law Blog
Nomos 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 courte

John Palmeri and Peter Siachos Named to 2026 Lawdragon 500 Leading Lawyers in America

February 17, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani is proud to announce that Partners John Palmeri and Peter Siachos have been named to the Lawdragon 500 Leading Lawyers in America for 2026. Their inclusion reflects their extensive trial experience, national leadership roles, and sustained excellence representing clients in complex, high-stakes matters. Now in its 21st year, the Lawdragon 500 Leading Lawyers in America guide honors attorneys who lead the profession through exceptional advocacy, dedication to clients, and influence within their firms and communities. Selected through yearlong research, peer discussion, and robust nominations, the guide recognizes lawyers who continue to shape the legal landscape at the highest levels. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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AI Adoption in Construction: A UK Practitioner’s View

April 20, 2026 — Aarni Heiskanen - AEC Business
I recently talked wit

Massachusetts Construction Industry Continues to Wait While Prompt Payment Law Is Put to the Test

March 31, 2026 — Catherine Maronski - Construction Law Zone
Earlier this month, the Massachusetts Supreme Judicial Court (SJC) heard argument in J.C. Cannistraro, LLC v. Columbia Construction Co. et al., a dispute concerning the state’s Prompt Payment Act (PPA). Although a decision has yet to be issued, it could potentially pose widespread implications for high-value private construction projects moving forward – and perhaps backwards. The PPA, G. L. c. 149, § 29E, enacted by the Massachusetts Legislature in 2010, has become a keystone in the construction industry. It was enacted to address, in part, downstream cash flow issues that tend to pervade construction projects by mandating a series of strict guidelines for submitting, and responding to, payment applications for private projects valued over $3,000,000. Amongst these requirements are set timeframes to respond to an application, as well as what must be contained in an application rejection. Critically, if an owner or upper-tier contractor fails to fully comply with all the statutory requirements in response to a proper payment application, the application is

Project Labor Agreements: A New Bid Protest Forum Split

May 14, 2026 — Dirk D. Haire, David P.J. Timm and Michael J. Brewer - ConsensusDocs
Advertisements often include a disclaimer: “individual results may vary.” Similarly, lawyers are notorious for saying “it depends.” The mandatory Project Labor Agreement (“PLA”) regulations have recently placed into context this adage as it applies to federal contract bid protests, with very different results depending on which forum – the Court of Federal Claims (“COFC”) versus the Government Accountability Office (“GAO”) – different contractors have selected to bring PLA bid protests. Over the last two years, over 30 protesters have successfully achieved removal of mandatory PLAs from large-scale federal construction contracts based on two landmark bid protest decisions issued by the COFC. Similar challenges to PLAs at the GAO, however, have not been successful in removing PLAs, highlighting an emerging trend that the COFC is often a more effective relief forum than GAO for government construction contractors. Reprinted courtesy of Dirk D. Haire, Burr & Forman LLP, David P.J. Timm, Burr & Forman LLP and Michael J. Brewer, Burr & Forman LLP Mr. Haire may be contacted at dhaire@burr.com Mr. Timm may be contacted at dtimm@burr.com Mr. Brewer may be contacted at mbrewer@burr.com Read the full story...

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Real Estate & Construction News Roundup (6/24/26) – HUD to Fund AI Grants, Luxury Hotel Deal Investment Activity to Surge, ESPCs to Fund Energy and Infrastructure Improvements

July 06, 2026 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, data centers are exposed to climate change, commercial tenant sues CoStar, cities see opportunities in emerging sports markets, and more!

• With deferred maintenance growing and capital dollars stretched thin, local governments are using ESPCs to fund energy and infrastructure improvements through future operational savings. (Vicky Uhland, Construction Dive)
• The U.S. Department of Housing and Urban Development is offering up to $3 million in grants for local governments to deploy automated permitting and building code systems. (Ryan Kushner, Construction Dive)
• Luxury hotel deals are set to see a surge in investment activity due to strong fundamentals and strengthening capital markets. (Noor Adatia, Hotel Dive)

Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estat
Toolbox Talk Series: Direct Versus Consequential Damages--Is There a Clear Demarcation?

The ‘Sole Option’ Arbitration Provision in Construction Contracts

Efficient Proximate Cause Doctrine Bars Coverage for Collapse of Building

Florida’s Statute of Limitations / Repose for Actions Founded on Construction Improvement Modified

FAA Seeks Largest Fine Yet on Drones in Near-Miss Crackdown

California Commission Recommends Switching To Fault-Based Wildfire Liability Standard for Public Utilities

Visual Construction Diaries – Interview with Jeff Sassinsky of Fovea Aero

Creating a Custom Home Feature in the Great Outdoors

Public Law Center Honors Snell & Wilmer Partner Sean M. Sherlock As Volunteers For Justice Attorney Of The Year

Coverage For Advertising Injury Barred by Prior Publication Exclusion

Fundamental Fairness Trumps Contract Language

White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2019

Snell & Wilmer Named Among the “Most Admired Law Firms to Work For” by Los Angeles Business Journal

Toward Increased Citizen Engagement in Urban Planning

Building Codes Evolve With High Wind Events

Los Angeles Team Obtains Favorable Verdict for Client in High-Stakes Slip-and-Fall Case

Premises Liability: Everything You Need to Know

MSJ Granted Equates to a Huge Victory for BWB&O & City of Murrieta Fire Department!

Equal Access to Justice Act Fee Request Rejected in Flood Case

Narrow Promissory Estoppel Exception to Create Insurance Coverage

Contingent Business Interruption Claim Denied

Another Guilty Plea in Las Vegas HOA Scandal

No Coverage for Faulty Workmanship Causing Property Damage to Insured's Product Only

Construction Litigation Roundup: “This Is Sufficient for Your Purposes …”

Los Angeles Wildfires Will Cause Significant Insured Losses, Ranking Amongst the Most Destructive in California's History

2023’s Bank Failures: What Contractors, Material Suppliers and Equipment Lessors Can Do to Protect Themselves

Meet BWBO’s 2024 San Diego Super Lawyers Rising Stars!

CAPSA Changes Now in Effect

Town Concerned Over Sinkhole at Condo Complex

Settlement Reached in California Animal Shelter Construction Defect Case

There Was No Housing Bubble in 2008 and There Isn’t One Now

As Natural Gas Expands in Gulf, Residents Fear Rising Damage

Quick Note: Subcontractor Payment Bond = Common Law Payment Bond

The Colorado Supreme Court holds that loans made to a construction company are not subject to the Mechanic’s Lien Trust Fund Statute

Why Death Follows Faulty Edge Fall Protection–And How to Fix It

ASCE Statement on Congress Passage of WRDA 2024

When an Intentional Act Results in Injury or Damage, it is not an Accident within the Meaning of an Insurance Policy Even When the Insured did not Intend to Cause the Injury or Damage

Best Lawyers Recognizes Fifteen White and Williams Lawyers

Lender Seeks Millions From Lendlease for LA 'Graffiti Building' Suit Costs

California insured’s duty to cooperate and insurer’s right to select defense counsel

WARN Act Exceptions in Response to COVID-19

Thank Your Founding Fathers for Mechanic’s Liens

Renovate or Demolish Milwaukee’s Historic City Hall?

Construction Litigation Roundup: “Give a Little Extra …”

Wilke Fleury Attorneys Featured in 2021 Best Lawyers in America and Best Lawyers: Ones To Watch!

Repair of Part May Necessitate Replacement of Whole

Litigation Counsel of America Honors Partner Victor Anderson with Peter Perlman Award

Engineering Report Finds More Investigation Needed of Balconies at New Jersey Condo

California Court of Appeal Finds Coverage for Injured Worker Despite Contractor's Exclusion

How Drones are Speeding Up Construction
l Data

NYC Billionaires’ Row Tower Could Need $160M Fix Amid Cracking

Todd Ehrenreich Inducted as Fellow of International Academy of Trial Lawyers

Saudi Prince’s Megacity Shows Signs of Life

Remediation Work Caused by Installation of Defective Tiles Not Covered

Construction Contracts that Mitigate Impacts from Tariffs and Immigration Enforcement

Texas Court Requires Insurer to Defend GC Despite Breach of Contract Exclusion

Real Estate & Construction News Round-Up (11/02/22) – Flexible Workspaces, Sustainable Infrastructure, & Construction Tech

Condo Board May Be Negligent for not Filing Construction Defect Suit in a Timely Fashion

Limitations: There is a Point of No Return