Should Post Contract Award Tariffs be Reimbursable? Why Public Works Contractors Deserve Clarity
November 18, 2025 —
Brett M. Hill - Ahlers Cressman & Sleight PLLCPublic works contractors across Washington and the U.S. are grappling with a costly and unresolved question: when the federal government imposes new import tariffs after a contract has been awarded, do those tariffs entitle contractors to additional compensation?
The answer depends on the contract and the public agency. Some public works contracts tie relief directly to whether tariffs are considered “taxes.” Others frame their adjustment clauses more broadly, focusing on changes in law or government-imposed costs. For contractors, the distinction is critical.
Read the full story...Reprinted courtesy of
Brett M. Hill, Ahlers Cressman & Sleight PLLCMr. Hill may be contacted at
brett.hill@acslawyers.com
When “Normal Cracking” Isn’t So Normal: Parra v. Gillaspie Construction and the Two-Year Clock on Construction Defect Claims
November 18, 2025 —
David McLain - Colorado Construction Litigation BlogIn Michelle and Michael Parra v. Gillaspie Construction, Inc. and Johnson Excavation, Inc. (Colo. App. No. 18CA0800, Mar. 21, 2019), not selected for official publication, the Colorado Court of Appeals reaffirmed an essential principle for builders, homeowners, and insurers alike: under the Colorado Construction Defect Action Reform Act (“CDARA”), the statute of limitations begins to run when a homeowner first observes physical manifestations of a defect, not when the homeowner later learns what caused those problems or concludes they are “excessive.”
The case underscores how critical it is to identify, document, and evaluate early signs of construction distress, because waiting for confirmation of a defect can mean the difference between a viable claim and one that is time-barred.
Background: Cracks, Gaps, and Growing Concern
The Parras hired Gillaspie Construction and Johnson Excavation to build a custom home in Routt County. They moved in January 2010. Within the first year, they noticed cracks in walls, a kitchen backsplash pulling away, and flooring that was “[c]upping and gapping.” By 2013, additional cracking appeared in the office and hallway, gaps opened around the fireplace and hearth, and certain cabinet doors began to misalign.
Read the full story...Reprinted courtesy of
David McLain, Higgins, Hopkins, McLain & Roswell, LLCMr. McLain may be contacted at
mclain@hhmrlaw.com
Virginia Multi-Employer Site Safety Issues–and How to Deal with Them
February 02, 2026 —
Christopher G. Hill - Construction Law MusingsThe world of the Owner, Contractor, Subcontractor “straight line” project model is long gone. Increasingly complex construction needs for commercial owners require the services of numerous trades, and even multiple “prime” contractors at times, to perform the various stages of construction.
Because of the complex and multi-employer nature of the modern commercial worksite, as a contractor, you may no longer be responsible only for the safety of your own employees. Depending on the state in which your project is being built, you, as a general contractor, may be responsible for hazards at your worksite that you did not create. On federal job sites (or in states that have merely adopted the federal OSHA standard), one rule applies. In some states that have their own safety regulations, another rule applies.
Under the Federal OSHA guidelines, the state regulations must be at least as stringent as those of the Federal safety regulations. This flexibility allows states to impose stricter (though not more lenient) rules upon construction site contractors. While this flexibility allows state safety officials to better tailor their policies, it has caused confusion in the multi-employer realm.
Read the full story...Reprinted courtesy of
The Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
How Mobile Tools Are Capturing Safety Data on Jobsites
April 08, 2026 —
Michael Bruns - Construction ExecutiveTraditionally, construction safety management is “reactive compliance”—reporting on an incident, filling out a form on paper or electronically, taking a picture and filing it away for compliance purposes. Safety management is shifting from reactive to proactive. Forward-thinking companies are using data and leading indicators to identify risks before incidents happen, not just document injuries after the fact.
Mobile tools have completely changed the way safety operations work on construction sites, enabling that transition to proactive safety management.
Reprinted courtesy of
Michael Bruns, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...
Seven Kahana Feld Attorneys Selected to 2025 New York Metro Super Lawyers Lists
November 18, 2025 —
Eva Paulson - Kahana FeldNEW YORK - Oct. 30, 2025 - Kahana Feld is pleased to announce that
Tim Capowski was included in the 2025 edition of New York Metro Super Lawyers and
Sean Harriton,
Rachael Marvin,
Sarah Pavlini,
Mariah Smith,
Christopher Theobalt, and
Sofya Uvaydov were included in New York Metro Rising Stars.
2025 New York Metro Super Lawyers
Tim Capowski was awarded for his work in Appellate Law. Capowski is a partner at Kahana Feld and chair of the firm’s National Appellate Litigation & Consulting Group. He has spent the better part of three decades at the forefront of the insurance defense bar. He has litigated hundreds of appeals and thousands of motions in state and federal and appellate courts throughout New York and around the country. He handles a variety of complex litigation including catastrophic property and casualty claims, construction defect, professional liability, labor and employment law, mass torts, insurance coverage, and more.
Read the full story...Reprinted courtesy of
Eva Paulson, Kahana FeldMs. Paulson may be contacted at
epaulson@kahanafeld.com
Subrogation Insight: Expert Testimony Admissible Despite Post-Loss Repairs
December 30, 2025 —
Gus Sara - The Subrogation StrategistIn Ghaznavi v. Arby Constr., Inc., No. 14-24-00213-CV, 2025 Tex. App. LEXIS 839, the Court of Appeals of Texas (Court of Appeals) considered whether the trial court properly excluded the plaintiffs’, Kambiz Moavenzadeh Ghaznavi and Anahita Nokkonejad (collectively, the Ghaznavis), liability expert. The case arose from a fire at the Ghaznavis’ residence. The trial court held that because the Ghaznavis’ expert did not physically inspect certain fire damaged areas before they were repaired, the expert’s testimony was unreliable and thus inadmissible. The Court of Appeals reversed the lower court’s ruling, finding that the expert’s review of photographs of the repaired areas and his testimony explaining his opinions were sufficient to survive summary judgment.
In this case, the Ghaznavis’ hired the defendant, Arby Construction Inc. d/b/a National Residential Services (Arby Constr.), to install new tiling in a corridor inside their home. The corridor was adjacent to the garage. While Arby Constr. was performing the work, the Ghaznavis asked the defendant to fix an outlet inside the garage that was not working. Arby Constr. installed a new wire that connected the outlet to the garage door opener at the ceiling of the garage. Less than 2 months later, a fire occurred in the garage area. The fire marshal placed the origin of the fire in the ceiling of the corridor adjacent to the garage. The fire marshal’s report stated that “faulty wiring in the corridor behind the garage” caused the fire.
Read the full story...Reprinted courtesy of
Gus Sara, White and WilliamsMr. Sara may be contacted at
sarag@whiteandwilliams.com
California Supreme Court Approves of Annual Civility Oath for Attorneys, Rejects Incivility As Basis for Disciplinary Measures
December 08, 2025 —
Saul Lopez - Lewis Brisbois NewsroomSan Diego, Calif. (October 20, 2025) - Courts and lawmakers in California and across the country are continuing to grapple with the ongoing problem of incivility among lawyers. Nearly every week a new story is publicized in which an attorney is sanctioned or rebuked for sharp rhetoric in filings or combative behavior in the courtroom. The erosion of courtesy threatens not only collegiality but also the fair administration of justice.
On July 20, 2023, the State Bar of California Board of Trustees made an effort to restore respect and decorum within the practice of law within the Golden State. It approved and sent proposed measures to improve the civility of attorneys in California to the California Supreme Court for review and approval. The proposed measures included: (1) changes to California Rule of Court 9.7 that would require attorneys to reaffirm their oath of civility annually; and, (2) amendments to the Rules of Professional Conduct that would add acts of incivility as a basis for disciplinary measures against attorneys.
Read the full story...Reprinted courtesy of
Saul Lopez, Lewis BrisboisMr. Lopez may be contacted at
Saul.Lopez@lewisbrisbois.com
Modular Construction’s Big Boom: New Risks Outpacing Standard Contracts in Industrial Projects
March 24, 2026 —
Chad Theriot & Jack Mayo - Construction ExecutiveModular construction is revolutionizing the construction industry, tackling labor shortages, sustainability goals and supply-chain challenges, with the global market for modular and prefabricated construction projected to reach over $200 billion by 2030. While residential builders have embraced modular’s speed and affordability, the greatest risks—and opportunities—are emerging in the industrial sector, where project scale and complexity demand new legal strategies.
In 2023, Chad Theriot explored industrial and infrastructure applications of modular construction, addressing risks like offsite fabrication and integration complexities in his article, “
Consequential Damages Flowing from Construction Defect Not Covered Under Florida LawFlorida's New Pre-Suit Notification Requirement: Retroactive or Prospective Application?Housing Woes Worse in L.A. Than New York, San FranciscoInsurer Granted Summary Judgment on Denial of Construction Defect ClaimMetLife Takes Majority Stake in New San Francisco Office TowerGet Smarter About Electric Construction EquipmentFive Facts About Housing That Will Make People In New York City and San Francisco DepressedGut Feeling Does Not Disqualify Expert OpinionThe Irresistible Urge to Build Cities From ScratchCommercial Development Nearly Quadruples in Jacksonville AreaAnother Reminder that Your Construction Contract Language MattersUnlocking the Hidden Power of Zoning, for Good or BadProduct Liability Alert: Evidence of Apportionment of Fault Admissible in Strict Products Liability ActionNo Cross-Complaint Needed - Court of Appeal Clarifies Co-Defendants May Oppose Each Other’s Summary Judgment Motions Without a Cross-ComplaintInsurance Tips for ContractorsBuilding a Strong ESG Program Can Fuel Growth and Reduce Company RiskPallonji Mistry, Indian Billionaire Caught in Tata Feud, Dies at 93Vaccine Mandate Confusion Continues – CMS Vaccine Mandate Restored in Some (But Not All) US StatesIs Construction in Arizona Back to Normal?When is Construction Put to Its “Intended Use”?Contractor Gets Green Light to Fix Two Fractured Girders at Salesforce Transit CenterAlabama “occurrence” and subcontractor work exception to the “your completed work” exclusionNYPD Investigating Two White Flags on Brooklyn BridgeAsbestos Confirmed After New York City Steam Pipe BlastLos Angeles Construction Sites May Be on Fault LinesBill Proposes First-Ever Federal Workforce Housing Tax Credit for Middle-Class HousingDamage to Plaintiffs' Home Caused By Unmoored Boats Survives Surface Water ExclusionCongratulations to Arezoo Jamshidi & Michael Parme Selected to the 2022 San Diego Super Lawyers Rising Stars ListYour “Independent Contractor” Clause Just Got a Little Less RelevantShort-Term Rental Legislation & Litigation On the Way!Turner, Subcontractor Reach $23.5M Settlement in Worker Death on Chicago ProjectWhat a Difference a Day Makes: Mississippi’s Discovery RuleAppellate Attorney’s Fees and the Significant Issues TestBetween Scylla and Charybids: The Mediation Privilege and Legal Malpractice ClaimsWater Backup Payment Satisfies Insurer's Obligation to Cover for Rain DamageSpecific Source of Water Not Relevant in Construction Defect ClaimBe Careful with Good Faith PaymentsCorporate Formalities: A Necessary Part of Business New York’s 2022 Comprehensive Insurance Disclosure Act: Significant Amendments to the C.P.L.R.Construction Defect Scam Tied to Organized Crime?The Rise Of The Improper P2P TacticPreserving Lien Rights on Private Projects in Washington: Three Common Mistakes to AvoidTrump Administration Directs Agencies to Use PLAs for Large Projects, With ExceptionsClaim for Collapse After Demolition of Building FailsNew Research Shows Engineering Firms' Impact on Economy, Continued Optimism on Business ClimateJury Awards Aluminum Company 35 Million in Time Element LossesNoteworthy Construction Defect Cases for 1st Qtr 2014Timely and Properly Assert Affirmative Defenses and Understand Statutory Conditions PrecedentNo Coverage for Hurricane Sandy DamageBremer Whyte’s Newport Beach Team Prevails on a Motion for Summary Judgment in a Wrongful Death Case!cdjs=347652000">
Verdict In Favor Of Insured Homeowner Reversed For Improper Jury InstructionsMich. AG Says Straits of Mackinac Tunnel Deal UnconstitutionalIllinois Attorney General Warns of Home Repair ScamsConstruction Defects Not Occurrences under Ohio LawD.C. Decision Finding No “Direct Physical Loss” for COVID-19 Closures Is Not Without Severe LimitationsSub-Limit Restricts Insured's Flood Damage RecoveryContractor’s Burden When It Comes to Delay
