Recovering Attorney’s Fees and Arguing the Fees Are Inextricably Intertwined
December 02, 2025 —
David Adelstein - Florida Construction Legal UpdatesAttorney’s fees are a big part of any dispute. And the attorney’s fees should be because fees are a factor and can ultimately drive the outcome of a dispute. No one wants to spend $100,000 in fees to recover $100,000, so the conversation regarding attorney’s fees needs to be had early.
Generally, a party can recover reasonable attorney’s fees if authorized by contract or by statute. So, there would need to be a prevailing party attorney’s fees provision in a contract, if suing on a contract, or there would need to be a statute authorizing the recovery of attorney’s fees, if suing on a statute. Then, there is authority that the party still needs to prevail on the significant issues in the dispute, as determined by the trial court (or binding arbitrator), in order to be the prevailing party for purposes of attorney’s fees. (Absent that, you are dealing with a proposal for settlement to create a procedural basis to recover fees, which is explained here.) Reasonable attorney’s fees, however, does not mean you will recover 100% of your attorney’s fees. Some percentage will presumably be discounted meaning becoming 100% whole when factoring in attorney’s fees is not always a practical outlook.
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David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Georgia HB 676: A Bill Property Owners and Contractors Should Watch
March 24, 2026 —
Robert Lafayette - The Construction SeytProperty owners, contractors, and others dealing with mechanics and materialmen’s liens in Georgia should keep an eye on
HB 676, which is currently making its way through the Georgia General Assembly. The bill aims to curb misuse of the lien process and provide additional remedies to those challenging a frivolous lien filing.
What HB 676 Would Do
HB 676 would add a new Code section (O.C.G.A. § 44-14-366.6) to the mechanics and materialmen’s lien statutes. If a lien is filed “without substantial justification or that is not made in good faith or that is made with malice or a wrongful purpose,” this new Code section would impose a fine of $1,500 per lien on the lien claimant, in addition to any attorney’s fees or court costs incurred by the party challenging the lien.
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Robert Lafayette, Seyfarth Shaw LLPMr. Lafayette may be contacted at
rlafayette@seyfarth.com
Compass, Zillow Take Feud Over Home Listings Into NYC Court
December 15, 2025 —
Chris Dolmetsch & Paulina Cachero - BloombergTwo heavyweights in the US residential real estate market, Compass Inc. and Zillow Inc., are facing off in a New York courtroom in a legal battle that could reshape the future of how homes are marketed and sold in the country.
Compass, the largest residential brokerage, sued Zillow in June claiming the real estate site acts anticompetitively by banning listings that were publicly marketed elsewhere first. A four-day hearing began Tuesday before a federal judge who will decide whether to temporarily block Zillow’s policy while the lawsuit proceeds.
The dispute is the latest in a long-running fight over who controls the most valuable asset in real estate: information. Compass has built a private listings network allowing sellers to quietly market homes with its own agents before posting on public multiple listing services (MLS). It argues the strategy lets sellers test demand and pricing without leaving a record on the MLS that could hurt future sales.
Reprinted courtesy of
Chris Dolmetsch, Bloomberg and
Paulina Cachero, Bloomberg Read the full story...
Four Families Now Live in the Season Six Rock the Block Homes in Grantsville, Utah
April 20, 2026 —
Hamlet HomesSALT LAKE CITY, April 20, 2026 /PRNewswire/ -- The premier of Rock the Block season seven aired last Monday and is set in Las Vegas, Nevada. Rock The Block is HGTV's highest rated show. Last year, season six was set in Utah and had HGTV's highest rating yet, with over 14 million viewers. All episodes of season six were filmed in the Worthington Ranch community in Grantsville, Utah. The four homes on the show were built by Utah builder Hamlet Homes. During the show, the location of the four Rock The Block homes had to be kept secret and were surrounded by a locked gate. After over a year of being inaccessible, the Utah public was invited in May 2025 to tour the homes and help raise money together for charity. On May 30-31, 2025, Hamlet hosted a 'Rock The Block Party' where the public was able to walk through the homes made famous by the show.
Hamlet Owner, VP of Marketing & Design Tami Ostmark shares stories from the show and her perspective of what it's like to be the builder on a national show like this. Ostmark was on set almost the entire time. "As expected, there were times when there was tension on the set. All four designers were super competitive with each other. It's amazing that the production team was able to produce the show as well as they did. I'm very impressed," said Ostmark.
Another interesting point related to the show is how much work the local builder is responsible for. Some nights as many as 30 Hamlet team members worked through the night to keep up with the pace of production. "Each designer provided their own trusted carpenters to do finishing work. In two of the cases, designers' flew their favorite carpenters in to carry out their visions. Given the quick turnaround, it's not always practical for finishing work to be permanent. Sometimes, it just needs to look appealing on camera," said Ostmark. This is frequently referred to as 'TV Magic'. "When the show was over, Hamlet re-did any areas that required extra attention". The show really does shoot in only 7 weeks as depicted. This creates a fast pace that was very exciting to be a part of", continued Ostmark. All four of the homes featured on the show have since been purchased; four Utah families currently call them home.
ABOUT HAMLET HOMES
Hamlet Homes (www.hamlethomes.com) crafts quality customer-oriented townhomes and single-family homes located in attractively designed communities in Utah and Idaho. Since the company's founding in 1995, Hamlet has built over 5,000 homes in 80 communities. The company is a proud recipient of many awards on Sustainable Business & Design, Quality Builder Awards; recognized both locally and nationally. Named by the Salt Lake Chamber of Commerce as the 'Veteran Owned Small Business of the Year, in 2019'. Hamlet has since been named several times to the Professional Builder's Housing Giants List and annual HOME AWARDS Best Customer Experience. Most recently in 2026, Hamlet was named Utah's 'Best of State for Real Estate Development and Utah Businesses 'Best Companies to Work For' for the 6th consecutive year.
Insured’s Motion to Compel Production of Underwriting Materials Granted
November 04, 2025 —
Tred R. Eyerly - Insurance Law HawaiiThe Supreme Court of New York granted the insured’s motion to compel the production of underwriting materials related to identifying additional insureds. Church of St. Andrew v. Western World Ins. Co., 2025 N.Y. Misc. LEXIS 7018 (N.Y. Sup. Ct. Aug. 5, 2025).
The Church of St. Andrew (“church”) retained GC Solutions to perform roofing work at its premises. The church required GC Solutions to name it as an additional insured under its general liability policy. GC Solutions provided a Certificate of Insurance naming the church as an additional insured under the policy issued by Western World.
While working on the roof, an employee of GC Solutions fell to his death. A wrongful death action was commenced by the decedent’s estate against the church. The church tendered its defense and indemnification to Western World. Western World disclaimed coverage, asserting that the church did not qualify as an additional insured under the policy.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
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 organization with a demonstrated history of providing affordable housing, provided that the agreement requires the nonprofit organization with a demonstrated history of providing affordable housing to develop a residential development on the property; (iv) a school district; (v) a state college or university; (vi) a housing authority; or (vii) a local or regional transit district or a regional transportation authority serving one or more counties.
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Amanda E. McKinlay, Snell & WilmerMs. McKinlay may be contacted at
amckinlay@swlaw.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
Snell & Wilmer Named Among the “Most Admired Law Firms to Work For” by Los Angeles Business Journal
December 22, 2025 —
Snell & WilmerLOS ANGELES – Snell & Wilmer is proud to announce that its Los Angeles office has again been named to the Los Angeles Business Journal’s 2025 “Most Admired Law Firms to Work For.” The list highlights outstanding law firms in the L.A. area that are consciously working towards creating diverse, positive, and supportive environments to help drive the success of their attorneys. Firms appearing on the list were judged on company culture, employee benefit and support programs, as well as diversity and women’s initiatives.
“We are honored to be recognized once more as one of the ‘Most Admired Law Firms to Work For’ by the Los Angeles Business Journal”, said
Joshua Schneiderman, managing partner of the firm’s Los Angeles office. “Our focus remains on building a workplace where people feel supported, encouraged to grow, and connected to their colleagues, clients, and communities. We are committed to investing in programs, relationships, and opportunities that create long lasting career fulfillment.”
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Snell & Wilmer
