Congratulations to BWB&O’s 2026 Super Lawyers and Rising Stars Honorees!
February 23, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPBremer Whyte Brown & O’Meara, LLP is proud to announce that Partners
Nicole Whyte,
Keith Bremer,
John Toohey, and
Tyler Offenhauser have been named to the 2026 Southern California Super Lawyers list. Notably, Nicole Whyte was also selected to the Top 50 Orange County Super Lawyers list, an honor reflecting her outstanding work, leadership, and impact in the legal community.
Partners
Kyle Riddles and
Courtney Serrato, along with Associate Kevin Moore, were also recognized as 2026 Southern California Super Lawyers Rising Stars.
Read the full story...Reprinted courtesy of
Bremer Whyte Brown & O'Meara LLP
Reminder: You Can’t Make Others Indemnify You for Your Own Actions
January 13, 2026 —
Christopher G. Hill - Construction Law MusingsI have spoken about
Virginia Code 11-4.1 and the prohibition on
forcing others to indemnify for the actions of the indemnitees on a few occasions here at Construction Law Musings (See
Uniwest Posts). The Western District of Virginia gave its take on indemnification clauses and why they need to be carefully drafted in a December 2024 case,
Sauer Construction, LLC v. MC3 Solutions, LLC et al.
In Sauer, the Court looked at, among other things, an indemnification provision between MC3, a subcontractor to Sauer, and MC3s sub-subcontractor, Bonitz Flooring Group. This was the relatively typical construction dispute where a general contractor sues a subcontractor and then that subcontractor sues its supplier and sub-subcontractors for indemnity pursuant to its contract. When faced with the indemnification claim, Bonitz argued that the indemnification provision violated the Va. Code 11-4.1 because it required Bonitz to indemnify MC3 for MC3’s actions. The provision follows the break.
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The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
To Settle or Not Settle: Factors to Weigh and Practical Considerations
January 13, 2026 —
Gerard J. Onorata - ConsensusDocsDeciding to settle a construction dispute is often wrought with difficulty, requiring the decision maker to evaluate a number of factors. Nevertheless, there are no hard and fast rules that apply when advising a party whether or not they should settle a dispute. Yet the vast majority of construction disputes do settle before going to trial or arbitration. In fact, recent statistics show that approximately 95% of all civil cases, including construction disputes, settle before trial[1]. However, whether settlement is always the best choice depends on several factors to be discussed here.
Merits of Your Case
First and foremost are the merits of your claims and defenses against any claims that are asserted against you. Construction disputes are inherently fact sensitive, and the merits of a case are driven by the facts of the dispute. Simple breach of contract actions for balances of unpaid funds for the work and materials that have been provided and installed on a project make weighing the merits of the affirmative claim relatively simple. However, these types of “collection cases” stand in stark contrast to complex construction delay claims for equitable adjustment where there exist competing and numerous causes of the delays. In addition, there are complicated legal principles applicable to whether there is entitlement to compensation for the delay or simply an extension of time. Construction defect claims where technical engineering issues are involved also present a heightened level of complexity that may make such cases difficult to prove on the merits.
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Gerard J. Onorata, Peckar & Abramson, P.C.Mr. Onorata may be contacted at
gonorata@pecklaw.com
What if the Supreme Court Overrules the Reciprocal Tariffs? Plan Now for Refunds, Protests, and Contract Reconciliation
December 15, 2025 —
Brett W. Johnson, T. Troy Galan, Cole Craghan & Thomas Williams - Snell & WilmerAs the U.S. Supreme Court weighs the legality of President Trump’s “reciprocal tariffs,” companies that sell goods internationally face a pivotal inflection point. If the tariffs are struck down, the decision will not simply unwind a trade policy — it may trigger a complex refund process involving billions of dollars in tariffs. This will lead to disputes over who receives repayment, and potential friction between suppliers and customers whose contracts passed tariff costs downstream.
Such disputes appear to be on the horizon, as the U.S. Supreme Court considered oral arguments on the reciprocal tariffs on November 5, 2025, and several Justices signaled their skepticism about whether the International Emergency Economic Powers Act (IEEPA) permits the president to impose tariffs unilaterally. While the outcome remains uncertain, businesses that act now to preserve refund rights and clarify contractual obligations may be best positioned to receive refunds and avoid costly disputes if the tariffs are ordered to be repaid.
Reprinted courtesy of
Brett W. Johnson, Snell & Wilmer,
T. Troy Galan, Snell & Wilmer,
Cole Craghan, Snell & Wilmer and
Thomas Williams, Snell & Wilmer
Mr. Johnson may be contacted at bwjohnson@swlaw.com
Mr. Galan may be contacted at tgalan@swlaw.com
Mr. Craghan may be contacted at ccraghan@swlaw.com
Mr. Williams may be contacted at twilliams@swlaw.com
Read the full story...
FERC’s New Order on Data Center Co-Location: What Utilities Need to Know
January 26, 2026 —
Stephen J. Humes - Gravel2Gavel Construction & Real Estate Law BlogOn December 18, 2025, the
Federal Energy Regulatory Commission (FERC) issued a pivotal order to PJM Interconnection, the nation’s largest regional wholesale power grid operator running the transmission system in the Mid-Atlantic region. The Order intends to help reshape how large loads—especially data centers—connect to the grid in the face of massive load growth from artificial intelligence (AI) hyperscalers.
At FERC’s monthly open meeting, the commissioners unanimously approved the Order, finding that PJM’s existing tariff does not adequately address the issue of co-locating large loads with data centers and electric generation. The Order was issued in FERC Docket Nos. EL24-49-000 et al., can be found at
this link.
Read the full story...Reprinted courtesy of
Stephen J. Humes, PillsburyMr. Humes may be contacted at
stephen.humes@pillsburylaw.com
Kahana Feld Secures Voluntary Discontinuance With Prejudice in High-Exposure Trip-and-Fall Case
December 22, 2025 —
Kahana FeldKahana Feld partners
Rachael Marvin and
Dominic Donato recently achieved a significant victory in Kings County obtaining a voluntary discontinuance with prejudice of a high-exposure trip-and-fall lawsuit just before oral argument on defendants’ motion for summary judgment.
Plaintiff claimed they were injured after tripping on an allegedly worn and cracked exterior stair at the clients’ property. However, through careful investigation and strategic motion practice, our team argued that the accident did not occur on the defendants’ premises, but instead on a nearby MTA subway platform, as identified by eyewitness accounts and plaintiff’s medical records. Additionally, our defense medical expert opined that the plaintiff’s severe leg injuries were inconsistent with the claimed fall location—supporting our position that the alleged incident could not have happened as described.
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Kahana Feld
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
Real Estate & Construction News Roundup (11/12/25) – Banks Weather CRE Storm, Industrial Outdoor Storage Markets Soar, and Office Vacancy DeclineApplying Jury Verdict Method in Quantifying Damages Due to Defective SpecificationsIllinois Appellate Court Addresses Professional Services Exclusion in Homeowners PolicyCalifornia Case Adds Difficulties for Contractors & Material SuppliersConstruction Lien Waiver Provisions Contractors Should Be UsingSureties do not Issue Bonds Risk-Free to the Bond-PrincipalCrumbling Roadways Add Costs to Economy, White House SaysCondos Down in Denver Due to Construction Defect LitigationRecovering For Inflation On Federal Contracts: Recent DOD Guidance On Economic Price Adjustment ClausesGeneral Commercial Liability Coverage Depends on Facts - Not LabelsParking Garage Collapse May Be Due to Construction DefectPrevailing HOAs Not Entitled to Attorneys’ Fees in Enforcement Actions Brought Under Davis-StirlingColorado House Bill 19-1170: Undefined Levels of Mold or Dampness Can Make a Leased Residential Premises Uninhabitable New Jersey Law Firm Announces $4 Million Settlement from Construction Site AccidentPe
New Jersey Supreme Court Upholds $400 Million Award for Superstorm Sandy Damages
Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires
Harmon Towers Duty to Defend Question Must Wait, Says Court
Risk Management and Contracting after Hurricane Irma: Suggestions to Avoid a Second Disaster
Venue for Suing Public Payment Bond
The Miller Act: More Complex than You Think
DE Confirms Robust D&O Protection Despite Company Demise
Everybody Is Going to End Up Paying for Texas' Climate Crisis
Alert: AAA Construction Industry Rules Update
Montana Significantly Revises Its Product Liability Laws
The Non-Imputation Affidavit in Real Estate Title Insurance
Pancakes Decision Survives Challenge Before Hawaii Appellate Court
What You Need to Know About Additional Insured Endorsements
Trends and Issues which Can Affect Workers' Compensation Coverage for Construction Companies
Bremer Whyte’s Newport Beach Team Prevails on a Motion for Summary Judgment in a Wrongful Death Case!
More In-Depth Details on the Davis-Bacon Act Overhaul
Word of the Day: “Contractor”
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Electrical Subcontractor Sues over Termination
Here's How Much You Can Make by Renting Out Your Home
BHA has a Nice Swing Donates to CDCCF
Trends: “Nearshoring” Opportunities for the Construction Industry
Congratulations to all of our 2023 Attorneys Named as Super Lawyers and Rising Stars
“Made in America Week” Highlights Requirements, Opportunities for Contractors and Suppliers
PFAS, HFCs and Related Chemicals in the Data Center Industry
Reference to "Man Made" Movement of Earth Corrects Ambiguity
Sweet News for Yum Yum Donuts: Lost Goodwill is Not an All or Nothing Proposition
Michigan Finds Coverage for Subcontractor's Faulty Work
Decades of WCC Seminar at the Disneyland Resort
“It’s My Retainage and I Want It Now!” - Fundamentals to Requirements and Entitlement for Retainage
Jobs Machine in U.S. Created More Than Burger Flippers Last Year
Thank You to Virginia Super Lawyers
CFTC Establishes Climate-Risk Unit, Echoing Other Biden Administration Agency Themes
Long-Planned Miami Mega Mixed-Use Development Nears Initial Debut
MBS’s $500 Billion Desert Dream Just Keeps Getting Weirder
Climate-Proofing Your Home: Upgrades to Weather a Drought
Construction Contract Clauses Which Go Bump in the Night – Part 1
Ninth Circuit Holds That Policies Covering Environmental Claims Do Not Have Aggregate Limits
JAMS Announces Updated Construction Rules
Texas School System Goes to Court over Construction Defect
Jury Trials: A COVID Update
Sureties and Bond Producers May Be Liable For a Contractor’s False Claims Action Violation
Insurer's Judgment on the Pleadings Based Upon Expected Injury Exclusion Reversed
Mechanic’s Liens- Big Exception
Global Emissions From Buildings, Construction Climb to Record Levels
Vinny Testaverde Alleges $5 Million Mansion Riddled with Defects
Maintenance Issues Ignite Arguments at Indiana School
Reasons to Be Skeptical About a Millennial Homebuying Boom in 2016
Insurers Subrogating in Arkansas Must Expend Energy to Prove That Their Insureds Have Been Made Whole
Nomos LLP Partner Garret Murai Recognized by Best Lawyers®
Navigating the New Landscape: How AB 12 and SB 567 Impact Landlords and Tenants in California
Some Insurers Dismissed, Others Are Not in Claims for Faulty Workmanship
New Joint Venture to Develop a New Community in Orange County, California
