Snell & Wilmer Recognized With Top Honor in Ranking Arizona: Top Law Firms for 2026
June 22, 2026 —
Snell & WilmerPHOENIX – Snell & Wilmer is pleased to announce that the firm has been voted as the top law firm in Arizona for the 17th consecutive year in the 2026 edition of AZ Big Media’s
Ranking Arizona: The Best of Arizona Business. The firm was again recognized in the category of “Top 10 large law firms in Arizona” which looked at firms with 39 attorneys or more.
“We are honored to receive this award recognizing our team’s ongoing commitment to excellence in service of our clients, our community, and each other,” said Firm Chair Barbara J. Dawson. “We are proud to play a meaningful role in supporting the strength and growth of Arizona’s vibrant business environment amid a rapidly changing global economy.”
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Snell & Wilmer
NJ Public Works Contractors Beware – Pay Special Attention When Submitting Your Public Works Contractor Registration
May 26, 2026 —
Levi W. Barrett & Aaron C. Schlesinger - Peckar & Abramson, P.C.While it is always important to be careful when making submissions to government agencies, recent activity by the New Jersey Department of Labor and Workforce Development (“NJDOL”) reveals considerably increased scrutiny in connection with contractors renewing their New Jersey Public Works Registration. Extra care when completing the registration renewal process is warranted, because the consequences of a misstep can be significant and disruptive.
The New Jersey Public Works Contractor Registration Act requires all contractors bidding on or engaging in construction-related public works projects to register with the NJDOL. This registration, which must be resubmitted every 1-2 years, requires contractors to make a number of detailed disclosures relating to, among other things, the entity’s ownership structure, prior state and federal labor law violations, details regarding interests in other businesses, unlawful acts by owners/officers, and participation in apprenticeship programs.
Reprinted courtesy of
Levi W. Barrett, Peckar & Abramson, P.C. and
Aaron C. Schlesinger, Peckar & Abramson, P.C.
Mr. Barrett may be contacted at lbarrett@pecklaw.com
Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com
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Bad Faith Claim Survives Summary Judgment
June 08, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe court denied the insurer’s motion for partial summary judgment on the insured’s bad faith claim, but granted the motion on the insured’s claim for punitive damages. Serbian Orthodox Church v. Brotherhood Mut. Ins. Co., 2026 U.S. Dist. LEXIS 58234 (S.D. Cal. March 19, 2026).
On February 1, 2023, the Church filed a claim for water damage with Brotherhood Mutual Insurance Company (BMIC). The claim was based on rain and wind that caused extensive water intrusion into the Sanctuary, damaging its plaster walls and ceilings and fresco paintings. The claim was assigned to Patrick Hurley. Hurley sent a letter discussing potential bars to coverage and requesting further information and documents from the Church.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Real Estate & Construction News Roundup (8/5/26) – Data Centers Reshape Hotel Demand, AI Changes Construction Workflows and Global Tariffs Raise CRE Construction Costs
August 16, 2026 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, AI creates new real estate play for VCs, Wall Street sells more rental homes, builders capitalize on flood of water projects and more!
- Data center construction has the potential to be a significant opportunity for extended stay hotels in the near and long term, provided sustainable demand patterns exist within a given market. (Jenna Graber, Hotel Dive)
- Artificial intelligence doesn’t represent an “extinction event” for AEC firms, but it will fundamentally change the way construction pros streamline certain tasks. (Matthew Thibault, Construction Dive)
- With the 21st Century ROAD to Housing now law, there are a number of outstanding questions about implementation and compliance for multifamily pros. (Julie Strupp, Multifamily Dive)
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Pillsbury's Construction & Real Estate Law Team
Builders Risk/Construction All Risks and Delay in Start-Up Coverage for Large Energy Projects: Protecting Revenue Before Operations Begin
September 21, 2026 —
Will Bennett - SDV FenchurchThe Most Significant Loss May Be the Delay, Not the Damage
Power and energy projects are uniquely vulnerable to losses during construction. Whether the project involves a utility-scale solar facility, battery storage installation, a wind farm, transmission project, LNG terminal, or conventional generation facility, loss events in this sector often have consequences far more impactful than the actual cost of repairing damaged property.
Any number of construction losses can delay commercial operation of the facility by months, triggering lost revenues, financing impacts, contractual penalties, and investor concerns. In many cases, those delay-related losses significantly exceed the underlying repair costs.
Construction All Risk (“CAR”) insurance and Delay in Start-Up (“DSU”) coverage are designed to respond to these exposures. However, recovering delay-related losses is far more complicated than many insureds anticipate, particularly when projects involve international stakeholders, global supply chains, and London market insurance placements.
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Will Bennett, SDV FenchurchMr. Bennett may be contacted at
will.bennett@sdvfenchurch.us
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.
Nomos LLP Partner Garret Murai Recognized by Best Lawyers in America
September 08, 2026 —
Garret D. Murai - California Construction Law BlogNomos LLP partner Garret Murai has been recognized in the 2027 edition of The Best Lawyers in America® in the area of Construction Law. Only about 5% of lawyers in the United States are recognized by Best Lawyers in America®.
Read the full story...Reprinted courtesy of
Garret D. Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
Sometimes a General Damages Assessment is Enough. . .
July 06, 2026 —
Ch
Kahana Feld Texas Team Obtains a Summary Judgment Motion
Bar Against Forum Selection Clauses in Construction Contracts Extended to Design Professionals
High Court Could Alter Point-Source Discharge Definition in Taking Clean-Water Case
Sometimes You Just Need to Call it a Day: Court Finds That Contractor Not Entitled to Recover Costs After Public Works Contract is Invalidated
Insurer Must Defend Contractor Against Claims of Faulty Workmanship
Design Firm Settles over Construction Defect Claim
Timber Prices Likely to Keep Rising
Quick Tip: Don’t Indemnify for Breach of Contract
Additional Dismissals of COVID Business Interruption, Civil Authority Claims
Wait, You Want An HOA?! Restricting Implied Common-Interest Communities
Law Firm Settles Two Construction Defect Suits for a Combined $4.7 Million
Rise in Single-Family Construction Anticipated in Michigan
Avoiding Construction Defect “Nightmares” in Florida
U.S. Firm Helps Thais to Pump Water From Cave to Save Boys
New Report Reveals Heavy Civil Construction Less Impacted by COVID-19 Than Commercial Construction
Look Up And Look Out: Increased Antitrust Enforcement Of Horizontal No-Poach Agreements Signals Heightened Scrutiny Of Vertical Agreements May Be Next
Ohio Condo Owners Sue Builder, Alleging Construction Defects
Retroac
Port Authority Revises Plans for $10B Midtown NYC Bus Terminal Replacement
Old Case Teaches New Tricks
It’s Time to Change the Way You Think About Case Complexity
General Contractor/Developer May Not Rely on the Homeowner Protection Act to Avoid a Waiver of Consequential Damages in an AIA Contract
GOP, States, Industry Challenge EPA Project Water Impact Rule
Construction Defect Lawsuit Came too Late in Minnesota
Construction Picks Up Post-COVID and So Do Claims (and A Construction Lawyer Can Help)
DoD Issues Guidance on Inflation Adjustments for Contractors
Standing When It Comes to Real Property Owned by a Trust
Travelers Insurance Sues Chicago for $26M in Damages to Willis Tower
OSHA Updates: You May Be Affected
California Limits Indemnification Obligations of Design Professionals
Developers Can Tap into DOE’s $400 Million for Remote and Rural Clean Energy Projects
Traub Lieberman Partner Greg Pennington and Associate Kevin Sullivan Win Summary Judgment Dismissing Homeowner’s Claim that Presented an Issue of First Impression in New Jersey
Improper Means Exception and Tortious Interference Claims
The Utility of Arbitration Agreements in the Construction Industry
Jury Trials: A COVID Update
Recent Developments Involving Cedell v. Farmers Insurance Company of Washington
Multifamily Building Pushes New Jersey to Best Year since 2007
When Does it End?
Snell & Wilmer’s San Diego Office Ranked #1 “Best Place to Work” by the San Diego Business Journal
Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors
Be Proactive, Not Reactive, To Preserve Force Majeure Rights Regarding The Coronavirus
Mississippi exclusions j(5) and j(6) “that particular part”
A Year-End Review of the Environmental Regulatory Landscape
Faulty Workmanship Claims Amount to Multiple Occurrences
Receiving a $0 Verdict and Still Being Deemed the Prevailing Party for Purposes of Attorney’s Fees
Engineering, Architecture, and Modern Technology – An Interview with Dr. Jakob Strømann-Andersen
Real Estate & Construction News Roundup (3/6/24) – Steep Drop in Commercial Real Estate Investment, Autonomous Robots Being Developed for Construction Projects, and Treasury Department Proposes Regulation for Real Estate Professionals
NYC Airports Get $500,000 Makeover Contest From Cuomo
Architects and Engineers Added to Harmon Towers Lawsuit
Climate-Proofing Your Home: Upgrades to Weather a Drought
Suffolk and MassDOT Texts Played Role in State Contract Rebid Controversy
A Lack of Sophistication With the Construction Contract Can Play Out In an Ugly Dispute
Nation’s Top Court Limits EPA's Authority in Clean Air Case
Prison Time and Restitution for Construction Fraud
You’ve Been Suspended – Were You Ready?
Mandatory Arbitration Isn’t All Bad, if. . .
Real Estate & Construction News Round-Up (10/27/21)
A Court-Side Seat: Clean Air, Clean Water, Citizen Suits and the Summer of 2022
Public Law Center Honors Snell & Wilmer Partner Sean M. Sherlock As Volunteers For Justice Attorney Of The Year
No Rest for the Weary: Project Completion Is the Beginning of Litigation
DOJ to Prosecute Philadelphia Roofing Company for Worker’s Death
U.S. Judge Says Wal-Mart Must Face Mexican-Bribe Claims
Connecting IoT Data to BIM
DOI Finalizes Long-Awaited Modernization of Type A Natural Resource Damage Assessment Regulations
Resulting Loss From Faulty Workmanship Covered
Good Signs for Housing Market in 2013
Norristown, PA to Stop Paying Repair Costs for Defect-Ridden Condo
Time is Money. Unless You’re an Insurance Company
