Nicole Whyte is the Newly Elected Secretary of the Orange County Bar Association
September 28, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLP“I am deeply honored to serve as Secretary of the Orange County Bar Association. To everyone who supported me, endorsed me, encouraged me, shared my message, and cast a ballot, thank you.
I am profoundly grateful for your trust and confidence. Thank you from the bottom of my heart. I am ready to get to work.” – Nicole Whyte
Read the full story...Reprinted courtesy of
Bremer Whyte Brown & O'Meara LLP
Supply Chain Is a Legal Exposure—Not Just a Force Majeure Problem
September 08, 2026 —
Owen Newman - Construction ExecutiveThis is not another force majeure article. The supply-chain related legal exposure that contractors are carrying today—in sanctions risk, specification non-compliance, warranty exposure and regulatory volatility—extends well beyond what even a well-drafted force majeure clause protects.
An engineering, procurement and construction contractor on a gas-fired power plant discovers during commissioning that transformer oil in a critical unit contains Russian-origin naphthenic base oil, which is a prohibited source under Office of Foreign Assets Control sanctions. The contractor didn’t source it. A subsupplier two tiers below made the substitution when disruptions in the Strait of Hormuz tightened the primary supply chain for this specialty product and no one in the purchase-order chain flagged it. The procurement decision is long done and the documentation trail that should have caught it doesn’t exist.
Reprinted courtesy of
Owen Newman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...Mr. Newman may be contacted at
oknewman@duanemorris.com
ACEC Research Institute Report: Real Risk of AI Isn’t Technology. It’s the Org Chart.
September 01, 2026 —
ACEC Research InstituteWASHINGTON (August 19, 2026) – The ACEC Research Institute today released
Leading Through AI Risk: The Enterprise Framework for Engineering Firm Leaders, a new study finding that the most significant risks artificial intelligence poses to engineering firms are organizational rather than technological, and that firms treating AI as an IT initiative are managing the wrong issue.
The report, part of the Institute’s yearslong Firm of the Future initiative, combines an extensive literature review with in-depth interviews of 21 leaders drawn from engineering firms, public infrastructure owners, technology vendors, insurance and legal professionals, licensing and regulatory agencies, and AI consultants.
The report groups AI risk into eight interconnected domains:
- technical reliability and model risk
- professional liability and standard of care risk
- data governance, privacy, and intellectual property risk
- organizational and workforce risk
- ethical, regulatory, and reputational risk
- operational and cybersecurity risk
- financial and business model risk
- strategic leadership and enterprise governance risk
The last serves as the integrating domain through which firms coordinate responsible AI adoption enterprise wide.
The report stresses that firms do not experience these risks one at a time. Weak oversight may create legal liability. Workforce gaps may affect quality assurance. “Understanding these interactions,” the study notes, “is often more important than understanding individual risks independently.”
About the ACEC Research Institute
The ACEC Research Institute is the independent research arm of the American Council of Engineering Companies (ACEC). Its mission is to fund and deliver research to equip the engineering industry with actionable intelligence on the issues critical to its success. Learn more at www.acecresearchinstitute.org.
Over 50 Lewis Brisbois Attorneys Recognized in 7th Edition of Best Lawyers: Ones to Watch in America
September 01, 2026 —
Lewis Brisbois56 Lewis Brisbois attorneys across 26 offices have been named to the 7th edition of “Best Lawyers: Ones to Watch in America.” Congratulations to the following attorneys on this recognition!
You can see the full list of Lewis Brisbois attorneys named to Best Lawyers' 33rd edition of The Best Lawyers in America
here.
Akron, OH
- Partner Meleah M. Skillern - Commercial Litigation
Atlanta, GA
- Partner Catherine Crawley - Personal Injury Litigation – Defendants; and Transportation Law
- Associate Davis Lackey - Insurance Law; and Personal Injury Litigation – Defendants
Read the full story...Reprinted courtesy of
Lewis Brisbois
When Projects Go Off Schedule: Navigating Construction Delays and Disputes
October 20, 2026 —
Shay Kulkarni - Peckar & Abramson, P.C.Shay Kulkarni, Partner in P&A’s San Diego office, was recently featured on Racho Mesa Insurance Services’
StudioOne™ Safety and Risk Management Podcast Network, in an episode titled, “When Projects Go Off Schedule: Navigating Construction Delays and Disputes.” During the episode, Shay joins Josh Hill, Surety Account Executive at Rancho Mesa, to discuss the best practices for navigating delays, disruptions, and disputes that arise during construction projects. The conversation explores how careful contract review, thorough project documentation, timely notice, and proactive risk management can help contractors safeguard their rights and more effectively address potential conflicts.
Read the full story...Reprinted courtesy of
Shay Kulkarni, Peckar & Abramson, P.C.Mr. Kulkarni may be contacted at
skulkarni@pecklaw.com
Managing Rising Costs and Shifting Legal Risk for Florida High-Rise and Condominium Projects
May 05, 2026 —
Stephen Hauptman - Ball Janik LLPFlorida's construction defect landscape is experiencing a major shift. The convergence of material and labor cost volatility, regulatory tightening, and increasingly complex litigation strategies is forcing associations, developers, and their counsel to rethink how they approach risk management and dispute resolution. For those managing large-scale condo and high-rise projects, the stakes have never been higher.
The Cost Volatility Trap
Construction material prices rose at a "staggering" 12.6% annualized rate during the first two months of 2026, according to
recent industry analysis. Tariff impacts are projected to lead to more increases of 5.4% to 6.8%, depending on property type. For associations facing construction defect claims, this volatility creates a cascading problem: repair scopes defined two years ago are now dramatically underpriced, and damage calculations that appeared reasonable at discovery are obsolete by the time of settlement.
Courts and mediators are increasingly scrutinizing how cost estimates were developed and whether they account for existing market circumstances. Associations must now commission updated repair assessments more frequently, a practice that increases investigation costs but strengthens the credibility of damage claims. Conversely, defendants are weaponizing cost inflation as a defense, arguing that claimed damages are speculative or inflated. The practical result: repair sequencing and phasing strategies have become critical litigation tools. Associations that can demonstrate a rational, cost-effective repair plan tied to current market data are more favorably placed in settlement negotiations.
Regulatory Pressure and Deliberate Timing
Florida's 2026 condo compliance regime has significantly changed the defect claims landscape. Elevated transparency requirements, stricter reserve funding mandates, and tightened building safety inspection protocols mean that associations now face dual pressures: Comply with new regulations while simultaneously handling construction defect exposure.
This regulatory environment is changing investigation and documentation strategy. Associations that delay defect investigation to avoid triggering reserve funding obligations or disclosure requirements are taking on considerable legal risk. Recent case law such as the Third District Court of Appeal's reaffirmation of Chapter 558's pre-suit mediation requirements, underscores Florida's intent to resolve disputes early. Associations that move deliberately and record carefully during the pre-suit phase gain leverage in mediation and reduce the risk of expensive litigation.
Timing also intersects with repair sequencing. Associations must now balance the urgency of compliance inspections against the strategic advantage of phased repairs. Some associations are using compliance deadlines as a forcing mechanism to accelerate settlement discussions, while others are sequencing repairs to demonstrate good-faith remediation efforts before litigation commences.
The Emerging Risk Transfer Challenge
As construction defect claims grow more complex and costly, the traditional risk transfer systems, such as design-build warranties, contractor bonds, and insurance, are proving inadequate. Developers and general contractors are increasingly shifting risk to subcontractors and material suppliers, fragmenting liability and complicating recovery efforts for associations. Permitting and approval friction is also creating new litigation pressure points. Delays in municipal approvals, changes to building code interpretations, and disputes over remedial work compliance continue to spawn collateral claims that go beyond the original defect. Associations must now anticipate not only defect liability but also regulatory compliance disputes with municipalities, creating a dual-front legal challenge.
For large communities, this means reconsidering the entire risk architecture. Insurance carriers are tightening coverage, and traditional indemnification chains are breaking down. Forward-thinking associations are engaging counsel earlier in the development process to negotiate clearer risk allocation provisions and more robust insurance requirements.
Taking a Data-Driven Approach
Managing rising costs and shifting legal risk in Florida's high-rise and condo market requires a more sophisticated, data-driven approach. Associations must commission frequent cost updates, move deliberately through pre-suit investigation and mediation, and challenge traditional assumptions about risk transfer. Developers and their counsel should view regulatory compliance not as a burden but as an opportunity to demonstrate good-faith risk management and strengthen settlement positioning.
The firms and associations that succeed in 2026 will be those that treat cost volatility, regulatory change, and litigation strategy not as separate challenges but as linked elements of a coherent risk management framework.
Stephen Hauptman is special counsel in Ball Janik LLP’s Fort Lauderdale office. He may be reached at shauptman@balljanik.com.
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