Snell & Wilmer Phoenix Partner Jody Pokorski Named Winner of Connect CRE’s 2025 Lawyers in Real Estate Awards
January 21, 2026 —
Snell & WilmerPhoenix – Snell & Wilmer is pleased to announce that Phoenix Partner
Jody K. Pokorski has been named a winner of
Connect CRE’s
Lawyers in Real Estate Awards for the Phoenix and Southwest region. This recognition highlights commercial real estate lawyers throughout various regions of the U.S., who have significantly impacted commercial real estate through their contributions to the industry and community.
Pokorski’s practice is concentrated in real estate transactions, finance and regulatory matters, including work relating to commercial purchase and sale transactions, real estate financing, master planned communities, subdivision matters, and leasing. She advises large and small corporate clients in real estate matters throughout the United States. Pokorski represents developers, owners, lenders, and contractors and has significant experience handling real estate matters for institutes of higher learning and other educational entities.
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Snell & Wilmer
It’s That Time of Year: Contract Review Time
February 02, 2026 —
Garret Murai - California Construction Law BlogMy father used to make me wash the family cars every weekend . . . rain or shine. The nice thing about washing a car in the rain is that you don’t need to dry it. Once, while sudsing up one of the family cars in the rain I spotted a couple of Jehovah Witnesses making house calls along our street. As they approached our house, they looked at me, said something to one another, and decided membership probably wasn’t a good fit for our family. If my dad saw that he probably would have thought that was reason enough to have me wash the family cars in the rain. Obviously, I never mentioned it to him.
This is all a rather nostalgic way of reminding myself to get off my duff. The holidays are over. There’s stuff needing doing. Whether you like it or not. Like updating my contracts. You might consider doing the same. A few suggestions:
Retention
For certain private works construction contracts entered into on or after January 1, 2026, retention is now capped at 5%, mirroring the 5% retention cap on state and local public works construction contracts. The 5% retention cap applies to contracts between owners and direct contractors, between direct contractors and subcontractors, and between subcontractors. So, basically, everyone up and down the construction change.
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Garret Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
Additional Insured’s Claim for a Defense Is Dismissed
December 22, 2025 —
Tred R. Eyerly - Insurance Law HawaiiThe court dismissed the additional insured’s complaint seeking a defense against a personal injury case. Piece Mgmt., Inc. v. Atlantic Casualty Ins. Co., 2025 U.S. Dist. LEXIS 205589 (S.D. N. Y. Oct. 18, 2025).
The underlying plaintiff, Mustafaa Dais alleged that he was injured when a glass door collapsed onto him as he exited BJ’s Restaurant. Dais sued BJ’s seeking damages for his injuries. He later amended his complaint to add Piece Management, Inc. the property’s management company, and Narway, Inc., the company hired to install the glass door.
Under the subcontract between Piece and Narwy, Narway was required to maintain a general liability policy and to add Piece as an additional insured. Narway obtained the required policy from Atlantic Casualty Insurance Company.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Did You Get the Message? (And does it count?) The Legal Consequences of Text Messages, Group Chats, and Informal Digital Communication on Construction Projects
March 17, 2026 —
Kellie Ros & Curtis Martin - ConsensusDocsIntroduction: The New Reality of Construction Communication
Construction projects have always depended on a constant stream of communication. Today’s project managers, superintendents, and foremen have broadened the method of communication to include convenient forms of digital communication. Superintendents text photos of field conditions, owners send quick approvals through WhatsApp, architects clarify design intent in a Teams chat, and subcontractors coordinate sequencing through group texts. These channels are fast, convenient, and deeply embedded in modern project culture. Yet the legal framework governing construction contracts has not evolved at the same pace. Many contracts still assume – or require – that notice, directives, and approvals occur through formal written channels—letters, emails to designated recipients, or structured project‑management platforms. This disconnect creates significant legal risk, particularly for contractors who rely on informal messages as authorization for extra work or schedule changes. Courts are increasingly asked to interpret text messages, chat threads, and screenshots as evidence of notice, direction, or waiver. The outcomes vary, but the trend is unmistakable: informal digital communication is now part of the project record, and it can bind parties in ways they did not expect.
Reprinted courtesy of
Kellie Ros, Peckar & Abramson, P.C. and
Curtis Martin, Peckar & Abramson, P.C.
Ms. Ros may be contacted at kros@pecklaw.com
Mr. Martin may be contacted at cmartin@pecklaw.com
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Construction and Design Contracts—They Are More Important Than You Might Think! (Law Note)
January 26, 2026 —
Melissa Dewey Brumback - Construction Law in North CarolinaAs regular readers of this Blog know, contracts are extremely important for all parties involved in a construction project. While
verbal contracts can be enforced, a
written contract, which is finely-tuned to your specific project, can save you a lot of time and money later on if the proverbial poo hits the fan.
I recently read AIA’s take on contracts, in their Construction Risk Brief (which you should
subscribe to [free] if you have not already). Their featured article is on “
Best Practices for Construction Contracts”. In the piece, they discuss 7 key points to address in each contract. I concur for the most part, although want to point out that some of them (such as the regular monitoring and
documentation bullet point) are deserving of their own post, as there is a *lot* that can and does go wrong during the
construction administration phase.
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Melissa Dewey Brumback, Ragsdale Liggett PLLCMs. Brumback may be contacted at
mbrumback@rl-law.com
Ball Janik LLP Welcomes Construction Defect Associate Miguel Bonnelly as Orlando Office Continues to Grow
December 15, 2025 —
Ball Janik LLPORLANDO, FL – Ball Janik LLP is pleased to welcome Associate Miguel Bonnelly to the firm’s Construction Defect Practice Group in the Orlando office. Bonnelly brings experience from a leading nationwide personal injury law firm, where he represented homeowners and homeowners’ associations (HOAs) and businesses in complex construction matters. From construction defect matters to drafting Chapter 558 notices and conducting hearings, inspections, depositions, mediations, and settlements, Bonnelly is savvy in providing effective solutions for clients’ needs.
“We’re pleased to welcome Miguel to the firm,” said James C. Prichard, Managing Partner of Ball Janik LLP. “His experience representing homeowners in complex construction matters is a perfect match for our firm, and we are eager for his thoughtful, results-driven counsel that will make a difference for our clients.”
Bonnelly is fluent in both English and Spanish, creating greater accessibility for firm clients. He received his law degree from the University of Florida Levin College of Law and his bachelor’s degree from the University of Central Florida in legal studies, where he had the highest overall GPA. While in law school, he served as a legal intern at a boutique law firm with a focus on real property disputes, estate administration, and breach of contract claims, and at Community Legal Services of Mid Florida, providing civil aid in the housing unit throughout central Florida.
“I’m excited to be joining a firm with such talented professionals and resources that make a profound difference for clients,” said Bonnelly. “The firm’s focus on collaboration and track record for excellence and results make this an ideal opportunity for the next chapter of my legal career.”
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 50-plus attorneys and paralegals in 5 offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, and Corporate International. Read more here: https://www.balljanik.com/.
Construction Liens and the “Substantial Performance” Doctrine
April 08, 2026 —
David Adelstein - Florida Construction Legal UpdatesIn a recent case dealing with a construction lien, the driving issue was whether the air conditioning contractor “substantially performed” before recording its construction lien against residential property. The importance here pertains to the substantial performance doctrine with respect to construction liens. The Third District Court of Appeal explained, with relevant citations, this doctrine as follows:
Under Florida law, a contractor is entitled to a mechanic’s lien if he complies with all provisions of Chapter 713, governing construction liens, and “has substantially performed the contract.” Grant v. Wester, 679 So. 2d 1301, 1307 (Fla. 1st DCA 1996) (quotation omitted); Langley v. Knowles, 958 So. 2d 1149, 1151 (Fla. 5th DCA 2007) (“The substantial performance doctrine recognizes that a contactor who complies with all of the provisions of the contactor’s lien statute is entitled to enforce a lien if he has substantially, but not completely, performed his contractual obligations.”). Substantial performance is performance “so nearly equivalent to what was bargained for that it would be unreasonable to deny the promisee the full contract price subject to the promisor’s right to recover whatever damages may have been occasioned him by the promisee’s failure to render full performance.” Ocean Ridge Dev. Corp. v. Quality Plastering, Inc., 247 So. 2d 72, 75 (Fla. 4th DCA 1971).
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David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Insured Successfully Moves to Dismiss Insurer’s Suit to Eliminate Duty to Defend
January 06, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe court found that the insurer had a duty to defend and dismissed the insurer’s motion for summary judgment. Travelers Indem. Co. of Conn. v. I.C. Refrigeration Services Inc., 2025 U.S. Dist. LEXIS 221768 (N.D. Cal. Nov. 10, 2025).
Flory Construction, Inc. sued the project owner, Highbridge, asserting claims for (1) foreclosure on mechanics liens; (2) breach of contract; and other cliams. Flory agreed to furnish labor, materials and equipment for improvements to Highbridge’s properties. Flory alleges Highbridge failed to provide payment despite Flory completing “all requested contract work . . . except to the extent prevented by Highbridge.”
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
