Texas Adopts New Procedural Rules for Summary Judgment Motions: What You Need To Know
July 13, 2026 —
Conor G. Bateman & Marsha Cotton - Snell & WilmerOn March 1, 2026, sweeping amendments to Texas Rule of Civil Procedure 166a took effect, fundamentally changing how Texas courts handle summary judgment motions — from filing and briefing through disposition. Whether representing a plaintiff or defendant, Texas litigants and attorneys must understand these new rules and their impact on case strategy and timelines. These procedural changes carry particular significance for construction litigants.
Background: The Prior Rule
Texas summary judgment practice has long diverged from the federal model. The Texas Rules of Civil Procedure recognize two types of summary judgment motions: (1) the traditional motion for summary judgment, and (2) the “no-evidence” motion for summary judgment. The no-evidence motion — unique to Texas — may be filed only after adequate time for discovery has passed. No bright-line rule governs that determination; it depends on the unique circumstances of each case.
Reprinted courtesy of
Conor G. Bateman, Snell & Wilmer and
Marsha Cotton, Snell & Wilmer
Mr. Bateman may be contacted at cbateman@swlaw.com
Ms. Cotton may be contacted at mcotton@swlaw.com
Read the full story...
Beyond the Storm: How Non-Hurricane Catastrophes Expose Florida’s Construction Defect Blind Spot
August 11, 2026 —
Franchesco “Frank” Soto & Amanda L. Gonzalez - Ball JanikOn June 8, 2026, a magnitude 6.1 earthquake struck the Gulf near the coast of Cuba, the largest instrumentally recorded earthquake in the Gulf since seismic monitoring began in 1950. Buildings swayed, offices were evacuated, and many residents along the east coast of Florida, from Miami-Dade to Jacksonville, felt the ground shake. Although no tsunami followed and reported structural damage was limited, this event exposed a blind spot that Florida property owners, developers, and their counsel cannot afford to ignore: catastrophic stress on Florida buildings does not always come in the form of a named storm.
Florida property owners have grown accustomed to preparing for wind, storm surge, floods, and torrential rain. Far less attention is paid to earthquakes, sinkholes, tornadoes, hail, and non-tropical flooding, each of which can place unexpected stress on buildings not designed with those forces top of mind and can trigger deficiencies in buildings that were not otherwise known, expose design failures, and create an urgency for both insurance claims and subsequent litigation.
Non-Hurricane Triggers of Latent Defects
Seismic activity is the clearest example. Florida’s building code accounts for wind loads, not seismic forces, meaning even a moderate earthquake can reveal weaknesses in curtain wall systems, structural connections, or foundations that were already marginal. Sinkholes, driven by Florida’s karst limestone geology, remain a persistent threat, particularly in Central Florida, where subsurface voids can undermine foundations without warning. Non-tropical flooding, like the record rainfall that flooded South Florida in June 2024, can intrude through building envelopes and waterproofing systems that were never stress-tested for such volumes of water. Tornadoes and hail, while more localized, can cause roofing and envelope failures that mimic, mask, or trigger latent construction defects.
The Litigation and Coverage Disputes That Follow
When one of these events strikes a building already carrying undisclosed or unresolved construction defects, the resulting disputes become considerably more complex. Property owners and associations must move quickly to document existing conditions and distinguish damage caused by the event from pre-existing defective construction, the same causation issue that arises in the hurricane context under Chapter 558, but often without the benefit of established precedent or adjuster experience with these less common events.
Insurance coverage disputes frequently follow close behind. Carriers may dispute whether an earthquake, flood, or other peril is covered at all, particularly where policies contain earthquake or flood exclusions requiring separate endorsements, or anti-concurrent causation language that can bar coverage entirely when a covered peril combines with an uncovered one, such as pre-existing defective construction, to cause a loss. Sinkhole claims carry their own statutory framework under Florida law, requiring specific testing protocols and reporting before a claim is compensable. Developers and contractors, in turn, may find themselves defending Chapter 558 claims while simultaneously litigating with their own carriers over defense and indemnity obligations.
Practical Risk Mitigation Strategies
Property owners, associations, and developers can take several concrete steps to reduce their exposure. First, maintain thorough documentation, including engineering reports, maintenance logs, and photographs, well before any event occurs. This documentation is often the deciding factor in causation disputes. Second, engage structural engineers and consultants immediately following any seismic event, unusual flooding, or storm damage, regardless of whether a hurricane is involved. Prompt inspection preserves evidence and can help prevent inadvertent waiver of construction defect claims. Third, review insurance policies regularly with counsel or a broker to confirm earthquake, flood, and sinkhole coverage matches the property’s actual risk profile, rather than assuming a standard property policy responds to every peril. Fourth, avoid rushing to remediate before conditions are documented and/or before consulting counsel. Well-intentioned repairs can inadvertently compromise evidence needed to prove a defect claim.
The June earthquake was a reminder that Florida’s catastrophic risk profile extends beyond hurricane season. Property owners, associations, and developers who build readiness plans around all forms of catastrophic stress, not just named storms, will be far better positioned when the next unexpected event occurs.
Franchesco “Frank” Soto is a partner in
Ball Janik’s Construction Defect Practice Group in Miami. He may be reached at fsoto@balljanik.com.
Amanda L. Gonzalez is a litigation attorney in
Ball Janik’s Construction Defect Practice Group in Miami. She may be reached at agonzalez@balljanik.com.
Differing Site Conditions Claim Requires a Misrepresentation
May 14, 2026 —
David Adelstein - Florida Construction Legal UpdatesIf you are entertaining a
differing site conditions claim, consider this Third District Court of Appeals case from the mid-90s.
In Hendry Corp. v. Metropolitan Dade County, 648 So.2d 140 (Fla. 3d DCA 1995), a contractor was hired by Dade County to demolish the old Rickenbacker Causeway in Miami. The original 1941 plans of the causeway were made available to contractors. The lowest bidding contractor that was awarded the project based its bid “on its conclusion that the pilings supporting the old bridge were made of concrete.” Hendry, supra at 141. The contractor based this conclusion on the original plans, its visual observation, and experience.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Global Insights Center: Monthly Newsletter
June 15, 2026 —
Global Insights Center Staff - The HartfordMay in Review
Last month, inflation moved higher, with Consumer Price Index (CPI) inflation rising to 3.8% year over year, up from 3.3% the prior month. The increase was driven primarily by energy prices, particularly gasoline, reflecting ongoing disruptions tied to the Middle East conflict.
Labor market data were broadly stable. The unemployment rate remained unchanged at 4.3%, wage growth increased modestly to 3.6%, while job growth continued to be geographically concentrated in the Southern states, particularly cities in Texas. On an occupational basis, healthcare once again led job gains, especially in home health services, a trend we have consistently highlighted. Business formations increased during the month, with notable strength in e commerce and digital services firms. Manufacturing activity also improved, particularly in semiconductors, IT equipment, and natural gas–related energy infrastructure.
Read the full story...Reprinted courtesy of
Global Insights Center Staff, The Hartford
Supply Chain Is a Legal Exposure—Not Just a Force Majeure Problem
September 08, 2026 —
Owen Newman - Construction ExecutiveThis is not another force majeure article. The supply-chain related legal exposure that contractors are carrying today—in sanctions risk, specification non-compliance, warranty exposure and regulatory volatility—extends well beyond what even a well-drafted force majeure clause protects.
An engineering, procurement and construction contractor on a gas-fired power plant discovers during commissioning that transformer oil in a critical unit contains Russian-origin naphthenic base oil, which is a prohibited source under Office of Foreign Assets Control sanctions. The contractor didn’t source it. A subsupplier two tiers below made the substitution when disruptions in the Strait of Hormuz tightened the primary supply chain for this specialty product and no one in the purchase-order chain flagged it. The procurement decision is long done and the documentation trail that should have caught it doesn’t exist.
Reprinted courtesy of
Owen Newman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...Mr. Newman may be contacted at
oknewman@duanemorris.com
Over 50 Lewis Brisbois Attorneys Recognized in 7th Edition of Best Lawyers: Ones to Watch in America
September 01, 2026 —
Lewis Brisbois56 Lewis Brisbois attorneys across 26 offices have been named to the 7th edition of “Best Lawyers: Ones to Watch in America.” Congratulations to the following attorneys on this recognition!
You can see the full list of Lewis Brisbois attorneys named to Best Lawyers' 33rd edition of The Best Lawyers in America
here.
Akron, OH
- Partner Meleah M. Skillern - Commercial Litigation
Atlanta, GA
- Partner Catherine Crawley - Personal Injury Litigation – Defendants; and Transportation Law
- Associate Davis Lackey - Insurance Law; and Personal Injury Litigation – Defendants
U.S. Homeowners Are Lingering Longer, and the Wait Is Paying OffHEI Civil's Colorado Division is Awarded the 2024 NUCA William H. Feather Safety Award For 1,000,000+ ManhoursACCL Reaffirms Core Legal Principle: Lawyers Must Not Be Punished for Representing Their ClientsIs Modular Construction Destined to Fail?Cincinnati Team Secures Summary Judgment for Paving Company in Trip-and-Fall CaseHaight Brown & Bonesteel Attorneys Named Best Lawyers in America ® 2016One-Upmanship by Contractors In Prevailing Wage Decision Leads to a Bad Result for All . . . PerhapsDisputes Will Not Be Subject to Arbitration Provision If There Is No “Significant Relationship”NCCER Celebrates Construction Education Programs and Products in 2024Beverly Hills Voters Reject Plan for Enclave's Tallest BuildingJudge Gives Cintra Bid Protest of $9B Md. P3 Project Award New LifeBHA has a Nice Swing Benefits the Wounded Warrior ProjectSanibel Causeway Repair: Contractors Flooded Site With Crews, ResourcesFlorida Enacts Sweeping Tort Reform Legislation, Raising Barriers to Insurance Coverage ClaimsWaiving Consequential Damages—What Could Go Wrong?Grupo Mexico Spill Sparks Public Scrutiny of $150 Million Mop-UpStandard For Evaluating Delay – Directly from An Armed Services Board Of Contract Appeal’s OpinionSellers' Alleged Misrepresentation Does Not Amount To An OccurrencePaycheck Protection Program Forgiveness Requirements AdjustedSuperior Court Of Pennsylvania Holds Curb Construction Falls Within The Scope Of CASPAWildfire Insurance Coverage Series, Part 5: Valuation of Loss, Sublimits, and Amount of Potential RecoveryWashington Trial Court Narrows Definition of First Party Claimant, Clarifies Available Causes of Action in Commercial Property Loss ContextForcible Entry and Detainer Actions: Courts May Not Consider Tenant’s HardshipLouisiana Enacts Important Tort Reform LegislationBest Lawyers Honors 48 Lewis Brisbois Attorneys, Recognizes Four Partners as 'Lawyers of the Year'SDOT Issues Construction Moratorium for FIFA 2026: What Contractors Need to Know and How to PrepareNew York Construction Practice Team Obtains Summary Judgment and Dismissal of Labor Law ClaimsCourt Addresses When Duty to Defend EndsHaight Proudly Supports JDC's 11th Annual Bike-A-Thon Benefitting Pro Bono Legal ServicesTrial Court’s Grant of Summary Judgment On Ground Not Asserted By Moving Party UpheldStructural Engineer Claims Reinforcement Was Never Installed on Troubled NYC TowerThe Golden State Commits to Going Green – Why Contractors Will be in High Demand to Build the State’s InfrastructureHow Labor Law Fraud in New York Works: A Step-by-Step Primer on the Latest Construction Accident Scheme“To Indemnify, or Not to Indemnify, that is the Question: California Court of Appeal Addresses Active Negligence in Indemnity Provisions”Affordable Housing, Military Contracts and Mars: 3D Printing Construction Potential BuildsSupreme Court Rejects “Wholly Groundless” Exception to Question of Arbitrability'You're Talking About Lives': The New Nissan StadiumIdentifying Unfair Clauses in Construction ContractsAlert: AAA Construction Industry Rules UpdateSafety Data: Noon Presents the Hour of Greatest DangerDC Circuit Approves, with Some Misgivings, FERC’s Approval of the Atlantic Sunrise Natural Gas Pipeline ExtensionOptions When there is a Construction Lien on Your PropertyDo Hurricane-Prone Coastal States Need to Update their Building Codes?Issues to Watch Out for When Managing Remote WorkersMotion to Dismiss Denied Regarding Insureds' Claim For CollapseComparative Breach of Contract – The New Benefit of the Bargain in Construction?Contractor Not Liable for Flooding HouseCRH to Buy Building-Products Firm Laurence for $1.3 BillionNew York Office Secures Victory in Trip & Fall Case After Bronx Supreme Court Grants Motion for ReargumentRihanna Gained an Edge in Construction Defect Case3325000">
NYC-N.J. Gateway Rail-Tunnel Work May Start in 2023Business Interruption Claim UpheldRecent Florida Legislative Changes Shorten Both Statute of Limitation ("SOL") and Statute of Repose ("SOR") for Construction Defect ClaimsHome Builders Wear Many HatsThe American Rescue Plan Act: What Restaurants Need to Act on NOWLouisiana Couple Claims Hurricane Revealed Construction DefectsCongratulations to BWB&O for Ranking #4 in Orange County Business Journal’s 2023 Book of Lists for Law Firms!ABC Announces Disaster Relief Efforts and Resources Following Hurricane MiltonFifth Circuit Decision on Number of Occurrences Underscores Need to Carefully Tailor Your Insurance ProgramFederal Shutdown Idles Most OSHA Activity, Raising Safety and Compliance ConcernsBert L. Howe & Associates Celebrates 21-Year Success StoryType I Differing Site Conditions Claim is Not Easy to ProveHome-Rentals Wall Street Made Say Grow or Go: Real EstateCalifornia’s Right To Repair Act Is The Sole Remedy For Damages For Construction Defects In New Residential ConstructionN.J. Governor Fires Staff at Authority Roiled by Patronage Hires
