Ownership and Licensing in Design Agreements
April 14, 2026 —
Abby Dvorkin - Snell & WilmerThe ownership and licensing of design documents in professional services agreements play a significant role in protecting the interests of the design professional and the project owner during and after project completion. The ownership or licensing of the drawings provision typically outlines who owns the drawings and specifications, who can use the documents, and how the documents can be used during and after the project.
Project owners and developers should understand that payment for design services does not automatically transfer ownership or an exclusive right to use the professional design. Under U.S. copyright law, the default rule is that the design professional retains ownership of the instruments of service absent a contractual provision transferring ownership or a license. See 17 U.S.C. § 101, et seq. The Architectural Works Copyright Protection Act provides that copyright protection applies to “pictorial, graphic and sculptural works” and includes “architectural works.” 17 U.S.C. § 102. A design professional may only transfer copyright ownership in writing. 17 U.S.C. § 204(a).
Read the full story...Reprinted courtesy of
Abby Dvorkin, Snell & WilmerMs. Dvorkin may be contacted at
advorkin@swlaw.com
Massachusetts Settlement Targets Mortgage-Backed “Homeowner Benefit” Agreements
April 08, 2026 —
A.J. S. Dhaliwal, Mehul N. Madia & Maxwell Earp-Thomas - SheppardOn 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 at adhaliwal@sheppard.com
Mr. Madia may be contacted at mmadia@sheppard.com
Mr. Earp-Thomas may be contacted at mearp-thomas@sheppard.com
Read the full story...
New Law Prompts ABC Minnesota/North Dakota to Design New Telecommunications Safety Training Program
June 29, 2026 —
Grace Calengor - Construction ExecutiveOn the first day of the year, a
Minnesota law requiring installers of underground telecommunication infrastructure broadband, fiber or phone lines (when projects utilize directional drilling, and/or work is being conducted within 10 feet of existing utilities) to undergo a 40-hour certification went into effect.
Originally passed in mid-2024 and proposed to go into effect in July 2025, the law’s requirements were postponed until January 2026, giving
ABC Minnesota/North Dakota—in partnership with
NCCER and the
Minnesota Cable Communications Association—time to roll out their
Safety Qualified Underground Telecommunications Installer training program, which would ensure the workforce of their contractor members were certified.
Reprinted courtesy of
Grace Calengor, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...
WSHB Managing Partner Chad Dunigan Named Finalist for Jerrold S. Oliver "Ollie" Award of Excellence
May 12, 2026 —
Wood Smith Henning BermanChad Dunigan, Managing Partner of Wood Smith Henning & Berman's Orlando, Florida, office, has been selected as one of just four finalists for the prestigious Jerrold S. Oliver Award of Excellence, affectionately known in the construction defect community as the "Ollie" Award. This distinguished honor recognizes individuals who have made exceptional contributions and demonstrated unwavering dedication to advancing the field of construction defect law.
Named in honor of the late Judge Jerrold S. Oliver, a revered founder of alternative dispute resolution in construction defect claims and litigation, the Ollie award symbolizes loyalty, commitment, and trust within the industry. Judge Oliver's legacy as a staunch believer in the resolution process continues to inspire professionals who strive for excellence in the construction defect community.
Read the full story...Reprinted courtesy of
Wood Smith Henning Berman
Insured Does Not Prevail on Summary Judgment Motion Invoking Ensuing Loss Provision
May 05, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe court denied the insured’s motion for summary judgment finding genuine issues of fact regarding implication of the policy’s ensuing loss provision. Stella Prop. Dev.. & Event Productions, LLC v. Auto-Owners Ins. Co., 2026 U.S. Dist. LEXIS 15854 (W.D. Pa. Jan. 28, 2026).
Stella owned a cultural center that was insured under a commercial property all-risk policy issued by Auto-Owners. A windstorm with gusts of 65 miles per hour struck the Center causing damage. The Center’s inspector found extensive wind damage on nearly all facets of the roof. Further, the inspector found the existing organic shingles were in “very poor condition” and were “defective, discontinued, and no longer available.” The estimated cost of repairs to the roof was $108,010.52.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
AI Adoption in Construction: A UK Practitioner’s View
April 20, 2026 —
Aarni Heiskanen - AEC BusinessI recently talked with
Chris Brady, an AI adoption consultant based in Birmingham, UK, who has spent 18 years working in construction. Two years ago, he began integrating AI into his work with contractors and SMEs, initially as an add-on service, and it has since become his main business.
Chris now runs
Metrix, an AI consultancy focused on UK construction companies, alongside two other ventures: Trade Upskill, an education platform for construction professionals, and ctrldash.ai, a compliance-automation SaaS for construction SMEs, both of which are soon to launch.
What struck me most in our conversation was how grounded his approach is, built on years of direct industry experience rather than arriving from outside with a technology solution looking for a problem.
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Chambers USA Recognizes GRSM as 2026 Industry Leader
June 29, 2026 —
Gordon Rees Scully MansukhaniGordon Rees Scully Mansukhani has once again been recognized by Chambers USA, a prestigious directory of the country’s top law firms. In addition to the firm’s practice recognitions, eight partners, David Capell, Nancy Erfle, Matthew Foy, Ashlee Grant, Craig Heryford, Andrew Port, Todd Regan, and Angela Richie, were recognized among the nation’s top lawyers in their respective fields.
Chambers USA recognized the firm in the following eight categories:
USA – Nationwide – Insurance: Dispute Resolution: Insurer, Band 4
The firm is widely sought after by national insurance sector clients facing a wide array of coverage disputes as well as bad faith claims. The firm has additional capabilities in class actions and appellate litigation. Its broad base of experience includes professional liability, construction, and bankruptcy-related issues. This is the third year the firm has received this recognition.
Read the full story...Reprinted courtesy of
Gordon Rees Scully Mansukhani
Colorado Legislature Considers Series of Bills Aimed at Boosting Affordable Housing Construction in Colorado — What Homebuilders Need to Know
April 08, 2026 —
Amanda E. McKinlay - Snell & WilmerOn January 21, 2026, lawmakers introduced a series of bills with the goals of addressing affordable housing issues and incentivizing construction in Colorado.
House Bill 26-1001 (known as the “Housing Opportunities Made Easier ‘HOME’ Act”) concerns the promotion for residential developments on “qualifying properties” that do not contain exempt parcels through the bypassing of often time-consuming local planning processes. Under HB26-1001, a “qualifying property is any real property that contains no more than five acres of land and is owned by: (i) a nonprofit organization with a demonstrated history of providing affordable housing; (ii) a nonprofit organization that provides public transit; (iii) a nonprofit organization that has entered into an agreement with another nonprofit
Netflix Plans $900M Facility At Former New Jersey Army BaseGRSM Attorneys Selected to 2024 Super Lawyers and Rising Stars ListsBrazil World Cup Soccer Crisis Deepens With Eighth Worker DeathDelay In Noticing Insurer of Loss is Not PrejudicialNew Nafta Could Settle Canada-U.S. Lumber War, Resolute CEO SaysBWB&O is Recognized in the 2024 Edition of Best Law Firms®!Thank You for 17 Years of Legal Elite in Construction LawCA Supreme Court: Right to Repair Act (SB 800) is the Exclusive Remedy for Residential Construction Defect Claims – So Now What?California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely Manufactured OffsiteThe Right to Repair Act Isn’t Out for the Count, Yet. Homebuilders Fight BackWhen Subcontractors Sue Only the Surety on Payment Bond and Tips for General ContractorsTennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is UnreasonableMobile Home Owners Not a Class in Drainage LawsuitNewmeyer & Dillion Attorneys Selected to Best Lawyers in America© Orange County and as Attorneys of the Year 2018No Coverage for Property Damage That is Limited to Work Completed by SubcontractorKeeping Your Workers Safe When Air Quality Isn'tOSHA Updates: New Submission Requirements for Injury and Illness RecordsDeveloper’s Fraudulent Statements Are His Responsibility Alone in Construction Defect CaseCuomo Bridge Lawsuit Adversaries Weigh Mediated SettlementSteps to Defending against Construction Defect LawsuitsReal Estate & Construction News Roundup (3/11/25) – An AI Inflection Point for Hotels, Investor Pivot in Build-to-Rent and Looming Legislation for Single-Family InvestorsContinuous Injury Trigger Applied to Property LossEleventh Circuit Upholds Coverage for Environmental Damage from Sewage, Concluding It is Not a “Pollutant”Microsoft Said to Weigh Multibillion-Dollar Headquarters RevampArizona Supreme Court Confirms Eight-Year Limit on Construction Defect LawsuitsTwo Firm Members Among the “Best Lawyers in America”Should I Stay or Should I Go? The Supreme Court Says “Stay”Is the Sky Actually Falling (on Green Building)?Saxe Doernberger & Vita, P.C. Expands with New Office in Foxborough, MassachusettsCelebrating Dave McLain’s Recognition in the Best Lawyers in America® 2025Georgia Passes Solar CUVA BillMortgage Battle Flares as U.K. Homebuying Loses AllureWhat is Toxic Mold Litigation?When Does a Claim Against an Insurance Carrier for Failing to Defend Accrue?Dallas County District Court Grants Kahana Feld’s Motion to Dismiss for Want of ProsecutionHow to Document Changes and Preserve Claims Without Starting a FightSometimes it Depends on “Whose” Hand is in the Cookie JarAlmost Half of Homes in New York and D.C. Are Now Losing ValueConn. Appellate Court Overturns Jury Verdict, Holding Plaintiff’s Sole Remedy for Injuries Arising From Open Manhole Was State’s Highway Defect StatutePresident Trump Repeals Contractor “Blacklisting” RuleConstruction Client Advisory: The Power of the Bonded Stop Notice Extends to Expended Construction FundsWaiver of Consequential Damages: The Most Important Provision in a Construction ContractResidential Construction Rise Expected to ContinueWhat Rich Millennials Want in a Luxury Home: 20,000 Square FeetCISA Guidance 3.1: Not Much Change for ConstructionProviding “Labor” Under the Miller ActFifth Circuit Certifies Eight-Corners Duty to Defend Issue to Texas Supreme Court2018 Spending Plan Boosts Funding for Affordable HousingHeat Exposure Safety and Risk FactorsReal Estate & Construction News Roundup (4/24/24) – Omni Hotels Hit with Cyberattack, Wisconsin’s Low-Interest Loans for Home Construction, and Luxury Real Estate Sales IncreaseIllinois Court Addresses Rip-And-Tear Coverage And Existence Of An “Occurrence” In Defective Product SuitPreventing Common and Costly Water Intrusion Events in ConstructionCGL Insurer’s Duty To Defend Broader Than Duty To Indemnify And Based On Allegations In Underlying ComplaintCourt Again Defines Extent of Contractor’s Insurance CoverageSuspend the Work, but Don’t Get FiredIntentional Mining Neighbor's Property is Not an OccurrenceNo Coverage for Homeowner Named as Borrower in Policy but Not as Insurede Future of Pandemic Coverage for Real Estate Owners and Developers
Puerto Rico Grid Restoration Plagued by Historic Problems, New Challenges
