Research Illuminates Pollution Problem in Tijuana River Valley
June 29, 2026 —
Jeff Yoders - Engineering News-RecordThe Tijuana River watershed between southern California and northern Mexico has been the epicenter of an environmental and public health crisis for more than two decades. Since October 2023 alone, more than 31 billion gallons of raw sewage and polluted water have flowed into the U.S. and, eventually, the Pacific Ocean.
Read the full story...Reprinted courtesy of
Jeff Yoders, Engineering News-RecordMr. Yoders may be contacted at
yodersj@enr.com
Achieving Sustainability Through Design-Build Delivery: Part I – An Overview
September 21, 2026 —
Joshua M. Pruett, Jennifer L. Harris & Tiffany A. Harrod - Peckar & Abramson, P.C.This article was written for the AGC’s Law in Brief and first appeared here.
Sustainability is no longer optional. What was once a matter of public policy or corporate preference has become a regulatory mandate and is reshaping how construction projects are designed, built, and operated. This mandate is not solely figurative. Rather, states have started to follow Europe’s lead by beginning to codify sustainability requirements into regulations and law. California led the charge by adding mandatory embodied-carbon emissions regulations into CALGreen, and other states, such as New York, have introduced bills to implement similar requirements. Owners, designers, and builders must now treat sustainability not as aspirational, but as a clearly defined contract issue from the outset, particularly where the project is expected to achieve a third-party rating, meet energy or resiliency targets, qualify for incentives, or comply with evolving green building codes.
In the federal public sector, construction contracts include a layered compliance framework—executive order-inspired policy, FAR-mandated clauses, and enduring statutory requirements—requiring contractors to integrate sustainability into design, material selection, and lifecycle management. Staying ahead means aligning with regulatory standards, conducting life-cycle cost analyses, and embedding sustainability into every procurement and construction decision.
Reprinted courtesy of
Joshua M. Pruett, Peckar & Abramson, P.C.,
Jennifer L. Harris, Peckar & Abramson, P.C. and
Tiffany A. Harrod, Peckar & Abramson, P.C.
Mr. Pruett may be contacted at jpruett@pecklaw.com
Ms. Harris may be contacted at jharris@pecklaw.com
Ms. Harrod may be contacted at tharrod@pecklaw.com
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Pursuing Claims for Loss Caused by Recent Kona Low Storms for Homeowners and Businesses
May 12, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe recent Kona Low storms that hit all islands were devastating, causing significant property damage. Homeowners and businesses will be seeking coverage under their insurance policies to recover for their losses. Here is a brief look at what may be covered and which exclusions may be troublesome in homeowners’ and commercial property policies.
Typically, both a homeowners’ policy and a commercial property policy include a grant of coverage for “direct physical loss of or damage to Covered Property.” Covered perils are listed, including such events as fire, lightning, or windstorm. Covered Property includes dwellings, other structures on the property and personal property. Additional coverages are usually provided. This includes debris removal after a peril insured against or collapse of a structure. In a homeowners’ policy, additional living expenses are likely covered when the damaged home is not fit to live in.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
For Urban Walkers, a Patchy Dilemma: Who Owns the Sidewalk?
July 06, 2026 —
Linda Poon – BloombergIn 2007, New York City’s sanitation department
threatened Natalie Shea with a $300 fine for defacing public property with graffiti. Her crime: drawing a blue flower in front of her family’s Park Slope home with sidewalk chalk. She was six years old.
The incident, which made
local and
national news at the time, captures the fraught role that sidewalks often play in US cities. These patches of pavement do more than carry pedestrians to their destinations: They’re also places for commerce, social interaction and childhood play, from chalking to learning how to ride a bike. Urbanist Jane Jacobs once likened the range of activities that city sidewalks attract to an “intricate ballet.”
In the new book
Sidewalk Nation: The Life and Law of America’s Most Overlooked Resource (Harvard University Press), author Michael Pollack explores the “tangled web of state and local regulation” that governs sidewalks, with cities often passing along responsibilities for tasks like clearing snow and keeping walkways safe. He paints a portrait of the American sidewalk a disorderly and often neglected network, filled with literal and metaphorical cracks that give rise to all sorts of conflict, from mundane clashes over maintenance to more consequential fights over accessibility and inequality.
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Linda Poon, Bloomberg
AI & Digital Tools on Construction Projects: Contract Risks to Address Before Peak Season
April 08, 2026 —
Meghan Douris - The Construction SeytArtificial intelligence and advanced digital tools are no longer experimental on construction projects. In Q1 of 2026, we can already see how they are already influencing schedules, estimates, submittals, safety reporting, and day‑to‑day project documentation. As peak construction season approaches, many teams are accelerating adoption of AI to gain efficiency.
What often lags behind, however, is the contract framework governing how those tools are used—and how their outputs are treated when something goes wrong.
On sophisticated construction projects, that gap can quickly become a dispute driver.
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Meghan Douris, Seyfarth Shaw LLPMs. Douris may be contacted at
mdouris@seyfarth.com
Arizona Court of Appeals Clarifies Homeowners Association Open Meeting Requirements
June 29, 2026 —
Jill Casson Owen, Benjamin J. Hawkins & Stephen Wright - Snell & WilmerA Z N H Revocable Trust v. Sunland Springs Village Homeowners Association, No. 1 CA-CV 25-0424 (Ariz. Ct. App. Apr. 28, 2026)
OVERVIEW
The Arizona Court of Appeals issued an opinion clarifying how homeowners associations must conduct meetings under A.R.S. § 33-1804. The decision reinforces the legislative policy favoring transparency in association governance, bringing association meeting requirements more in line with the open meeting standards applicable to public bodies under A.R.S. § 38-431 et seq. (Arizona’s Open Meeting Law).
KEY HOLDINGS
1. All Voting and Formal Actions Must Occur in Open Meetings
The Court affirmed that association boards cannot vote or take formal action during closed (executive) sessions. Under A.R.S. § 33-1804(A), associations may close portions of meetings only for “consideration” of certain enumerated topics, such as legal advice, pending litigation, or personal/financial information about individual members. The Court interpreted “consideration” to mean discussion and deliberation, not voting. The Court noted that dictionaries define “consider” as “spending time thinking about a possibility” and “formulating an opinion,” which are processes that precede formal action. This interpretation mirrors how Arizona’s Open Meeting Law (A.R.S. § 38-431.03(D)) prohibits public bodies from voting in executive session.
Reprinted courtesy of
Jill Casson Owen, Snell & Wilmer,
Benjamin J. Hawkins, Snell & Wilmer and
Stephen Wright, Snell & Wilmer
Ms. Owen may be contacted at jowen@swlaw.com
Mr. Hawkins may be contacted at bhawkins@swlaw.com
Mr. Wright may be contacted at swright@swlaw.com
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RONI: What You Lose by Not Investing in AI – With Sam Zolfagharian
September 21, 2026 —
Aarni Heiskanen - AEC BusinessSam Zolfagharian returns to the AEC Business Podcast for her second appearance. She is an AI strategist, keynote speaker, and the author of two books, Disrupt It and Future by Design. She spoke at the AI in AEC conference in Helsinki in March, and we picked up the conversation where that keynote left off.
The starting point was a question her clients keep raising. Executives are being asked by their boards about the return on their AI investments, and many of them do not have an answer they trust. This episode is about what to measure instead, and when the dollar figure finally becomes the right number to look at.
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Turnover Traps for Community Associations: Investigate First, Release Claims Later
April 14, 2026 —
Nicholas B. Vargo - Ball Janik LLPTurnover of a community association from developer control to owner control is a uniquely vulnerable moment. Developers are increasingly presenting Florida condominium and homeowners’ associations with “standard” settlement or release agreements at turnover, often being framed as routine steps to finalize the transition of control. In reality, these agreements can have sweeping consequences, including the release of construction-defect claims before the association has conducted any meaningful independent evaluation.
The developer has years of project knowledge and access to plans, subcontractors, and internal records. The newly elected board is just beginning to organize, obtain documents, and understand the property’s condition. Many defects, especially those involving roofing, waterproofing, windows, or structural components, are latent and not yet visible. Signing a release at this stage means the association is making a binding decision under conditions of uncertainty, without full information, to release all future potential claims.
Over the last few years, there has been a rise in reports of developers offering a packaged deal: they agree to complete certain repairs, often minor punch-list or cosmetic items, and to “forgive” an alleged financial deficit (often around $50,000) supposedly owed by the association from the developer-control period. In exchange, the association is asked to sign a broad release covering all claims, including known and unknown construction defects. To a new HOA board that received their community with limited operating and reserve funds, they are left with a difficult decision to either accept the developer’s offer or assess their owners to pay this alleged debt.
These agreements are occasionally presented through community management companies, which may describe them as “standard” or "routine.” Whether due to misunderstanding or influence from the developer, management companies can unintentionally reinforce the idea that signing is expected. Any recommendation provided to HOAs about whether to sign these releases could open community management to liability down the road. The best practice for both associations and community managers is to refer any agreements to be reviewed by general counsel for the association.
The following two case studies illustrate the real-world consequences:
Case Study One: A newly transitioned board relies on its management company to negotiate with the developer-builder to resolve irrigation issues, pond concerns, and signage deficiencies, along with forgiving an asserted financial shortfall. In exchange, the board signs a broad release covering all claims, including latent defects.
Within a year, several punch-list items remain incomplete, and more serious issues arise. When the association demands completion, the developer delays, prompting the association to seek advice on how to enforce the settlement agreement. The association hires counsel to hold the developer responsible for both the previously agreed-upon items and newly identified construction defects. However, when the association brings claims against the developer, the developer points to the release of all potential construction defects in the community. Thus, the only remaining remedy is limited to enforcement of the specific punch-list terms. The community, still relatively new, has no viable claims against the developer-builder for the construction defects. With warranties expired and the release, the association must fund repairs through special assessments, despite defects that would otherwise have been actionable.
Case Study Two: A community is presented with a similar agreement as above. The management company encourages execution, suggesting it is standard and even telling the board to “name your price.” The developer also pressures the newly elected board to sign.
Instead of signing, the board consults with their attorney. Counsel advises the board not to sign the release and recommends further investigation. Engineers are retained and identify early indicators of broader issues, including stucco cracking, water intrusion, and irrigation deficiencies. Based on this information, the association declines to sign the release. Subsequent evaluation reveals potentially significant construction-defect claims, allowing the community to pursue recovery that would have been lost under the proposed agreement.
These scenarios underscore a fundamental point: signing a release at turnover is not an administrative formality—it is a major legal decision. Board members act in a fiduciary capacity on behalf of their community, and their decisions can bind all current and future owners. At turnover, an association’s right is to investigate and pursue claims. Preserving that right until a full and independent evaluation is completed is not adversarial—it is responsible governance.
Accordingly, associations should retain independent evaluations of the property and consult qualified legal counsel before signing any “standard” agreements, especially ones involving a release of future claims.
Nicholas B. Vargo is a partner in Ball Janik LLP’s Construction Practice Group. He may be reached at nvargo@balljanik.com.
