Builders Support Most of Bipartisan Housing Reform Bill in Congress
March 31, 2026 —
Esther D'Amico - Engineering News-RecordSeveral homebuilding groups say they support most of the massive housing reform bill making its way through Congress but want to see certain provisions including those related to build-to-rent and manufactured homes changed before it advances any further.
Read the full story...Reprinted courtesy of
Esther D'Amico, Engineering News-RecordENR may be contacted at
enr@enr.com
Data Center Construction: Contractors Must Step Up
May 26, 2026 —
Aarni Heiskanen - AEC BusinessI attended the
Datacenter Forum 2026 in Helsinki last week. Over 400 people packed the room. Walking out, I had one overriding thought: Is construction operating in a different century from the technology it is being asked to house?
Is Our Industry on Par?
Ciarán Forde, Senior Vice President at CTS Nordics, opened the forum with a statement that set the tone for everything that followed: data centers are no longer just a technical challenge; they are a national strategy. Before AI, Ciarán had worked in telecoms, where data centers were already complex. But now, he said flatly, everything has changed, and the industry must rethink everything.
The numbers behind the claim are staggering. Current AI data center racks run at 40 to 100 kW. In three years, 800 kW per rack is on the roadmap. And the development cycle for a new chip is roughly one year, which means deployments begin aging out almost as soon as they are commissioned.
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Beyond the Storm: How Non-Hurricane Catastrophes Expose Florida’s Construction Defect Blind Spot
August 11, 2026 —
Franchesco “Frank” Soto & Amanda L. Gonzalez - Ball JanikOn June 8, 2026, a magnitude 6.1 earthquake struck the Gulf near the coast of Cuba, the largest instrumentally recorded earthquake in the Gulf since seismic monitoring began in 1950. Buildings swayed, offices were evacuated, and many residents along the east coast of Florida, from Miami-Dade to Jacksonville, felt the ground shake. Although no tsunami followed and reported structural damage was limited, this event exposed a blind spot that Florida property owners, developers, and their counsel cannot afford to ignore: catastrophic stress on Florida buildings does not always come in the form of a named storm.
Florida property owners have grown accustomed to preparing for wind, storm surge, floods, and torrential rain. Far less attention is paid to earthquakes, sinkholes, tornadoes, hail, and non-tropical flooding, each of which can place unexpected stress on buildings not designed with those forces top of mind and can trigger deficiencies in buildings that were not otherwise known, expose design failures, and create an urgency for both insurance claims and subsequent litigation.
Non-Hurricane Triggers of Latent Defects
Seismic activity is the clearest example. Florida’s building code accounts for wind loads, not seismic forces, meaning even a moderate earthquake can reveal weaknesses in curtain wall systems, structural connections, or foundations that were already marginal. Sinkholes, driven by Florida’s karst limestone geology, remain a persistent threat, particularly in Central Florida, where subsurface voids can undermine foundations without warning. Non-tropical flooding, like the record rainfall that flooded South Florida in June 2024, can intrude through building envelopes and waterproofing systems that were never stress-tested for such volumes of water. Tornadoes and hail, while more localized, can cause roofing and envelope failures that mimic, mask, or trigger latent construction defects.
The Litigation and Coverage Disputes That Follow
When one of these events strikes a building already carrying undisclosed or unresolved construction defects, the resulting disputes become considerably more complex. Property owners and associations must move quickly to document existing conditions and distinguish damage caused by the event from pre-existing defective construction, the same causation issue that arises in the hurricane context under Chapter 558, but often without the benefit of established precedent or adjuster experience with these less common events.
Insurance coverage disputes frequently follow close behind. Carriers may dispute whether an earthquake, flood, or other peril is covered at all, particularly where policies contain earthquake or flood exclusions requiring separate endorsements, or anti-concurrent causation language that can bar coverage entirely when a covered peril combines with an uncovered one, such as pre-existing defective construction, to cause a loss. Sinkhole claims carry their own statutory framework under Florida law, requiring specific testing protocols and reporting before a claim is compensable. Developers and contractors, in turn, may find themselves defending Chapter 558 claims while simultaneously litigating with their own carriers over defense and indemnity obligations.
Practical Risk Mitigation Strategies
Property owners, associations, and developers can take several concrete steps to reduce their exposure. First, maintain thorough documentation, including engineering reports, maintenance logs, and photographs, well before any event occurs. This documentation is often the deciding factor in causation disputes. Second, engage structural engineers and consultants immediately following any seismic event, unusual flooding, or storm damage, regardless of whether a hurricane is involved. Prompt inspection preserves evidence and can help prevent inadvertent waiver of construction defect claims. Third, review insurance policies regularly with counsel or a broker to confirm earthquake, flood, and sinkhole coverage matches the property’s actual risk profile, rather than assuming a standard property policy responds to every peril. Fourth, avoid rushing to remediate before conditions are documented and/or before consulting counsel. Well-intentioned repairs can inadvertently compromise evidence needed to prove a defect claim.
The June earthquake was a reminder that Florida’s catastrophic risk profile extends beyond hurricane season. Property owners, associations, and developers who build readiness plans around all forms of catastrophic stress, not just named storms, will be far better positioned when the next unexpected event occurs.
Franchesco “Frank” Soto is a partner in
Ball Janik’s Construction Defect Practice Group in Miami. He may be reached at fsoto@balljanik.com.
Amanda L. Gonzalez is a litigation attorney in
Ball Janik’s Construction Defect Practice Group in Miami. She may be reached at agonzalez@balljanik.com.
Newmeyer Dillion Ranked in Chambers Spotlight California 2026 Guide
May 26, 2026 —
Newmeyer DillionNEWPORT BEACH, Calif. – May 14, 2026 - Prominent business and real estate law firm Newmeyer Dillion has been ranked in Chambers Spotlight California 2026 guide and recognized as a leading firm in Litigation: General Commercial for Orange County.
Newmeyer Dillion was selected based on an independent and in-depth market analysis, coupled with an assessment of the firm’s experience, expertise and caliber of talent where the firm stood out for its exceptional work and is recognized in Litigation: General Commercial.
Managing Partner Paul Tetzloff expressed the firm's gratitude: “It is an honor for our firm to be recognized by Chambers and Partners in their Spotlight California 2026 guide. This acknowledgment reflects our commitment to providing high quality legal services tailored to the unique needs of our clients.”
Read the full story...Reprinted courtesy of
Newmeyer Dillion
Did You Get the Message? (And does it count?) The Legal Consequences of Text Messages, Group Chats, and Informal Digital Communication on Construction Projects
March 17, 2026 —
Kellie Ros & Curtis Martin - ConsensusDocsIntroduction: The New Reality of Construction Communication
Construction projects have always depended on a constant stream of communication. Today’s project managers, superintendents, and foremen have broadened the method of communication to include convenient forms of digital communication. Superintendents text photos of field conditions, owners send quick approvals through WhatsApp, architects clarify design intent in a Teams chat, and subcontractors coordinate sequencing through group texts. These channels are fast, convenient, and deeply embedded in modern project culture. Yet the legal framework governing construction contracts has not evolved at the same pace. Many contracts still assume – or require – that notice, directives, and approvals occur through formal written channels—letters, emails to designated recipients, or structured project‑management platforms. This disconnect creates significant legal risk, particularly for contractors who rely on informal messages as authorization for extra work or schedule changes. Courts are increasingly asked to interpret text messages, chat threads, and screenshots as evidence of notice, direction, or waiver. The outcomes vary, but the trend is unmistakable: informal digital communication is now part of the project record, and it can bind parties in ways they did not expect.
Reprinted courtesy of
Kellie Ros, Peckar & Abramson, P.C. and
Curtis Martin, Peckar & Abramson, P.C.
Ms. Ros may be contacted at kros@pecklaw.com
Mr. Martin may be contacted at cmartin@pecklaw.com
Read the full story...
Can Anything Supersede Excel in AEC?
April 27, 2026 —
Aarni Heiskanen - AEC BusinessIf there’s o
Construction and Design Contracts—They Are More Important Than You Might Think! (Law Note)What is a Personal Injury?More Clear, But Not Yet Crystal: Virginia Amends its Prompt Payment Law and Legislation Banning “Pay-If-Paid Clauses in Construction Contracts Effective July 1, 2023California Poised for the Most Significant Residential Construction Defect Reforms in DecadesDifficult Task for Court to Analyze Delay and Disorder on Construction ProjectCongratulations to Walnut Creek Partner Bryan Stofferahn and Associate Jeffrey Schilling for Winning a Motion for Summary Judgment on Behalf of Their Client, a Regional Grocery Store!Keep It Simple: Summarize (Voluminous Evidence, That Is...) URGENT: 'Catching Some Hell': Hurricane Michael Slams Into FloridaHistory of Defects Leads to Punitive Damages for Bankrupt DeveloperLos Angeles Team Secures Summary Judgment for Hotel Owner & Manager in Tenant’s LawsuitBrooklyn Atlantic Yards Yields Dueling Suits on TowerThe Overlooked Nevada Rule In an Arena Project LawsuitSurfside Condo Collapse Investigators Uncover More Pool Deck DeviationsRetroactive Application of a Construction Subcontract Containing a Merger Clause? Florida’s Fifth District Court of Appeal Answers in the AffirmativeBrazil Builder Bondholders Burned by Bribery AllegationsJudgment Stemming from a Section 998 Offer Without a Written Acceptance Provision Is VoidCoverage For Advertising Injury Barred by Prior Publication ExclusionConstruction Termination Issues Part 5: What if You are the One that Wants to Quit?Texas covered versus uncovered allocation and “legally obligated to pay.”In Phoenix, Crews Thread Needle With $730M Broadway Curve RevampBuilder and County Tussle over Unfinished HomesInsurer's Withheld Discovery Must be Produced in Bad Faith CaseArchitect Plans to 3D-Print a Two-Story HouseNorth Dakota Universities Crumble as Oil Cash Pours InCoverage Issues: When You Need Your Own Lawyer in a Construction Defect Suit6 Ways to Reduce Fire Safety Hazards in BESSNew Survey Reveals Overwhelmingly Optimistic Results on the Use of AI in ConstructionUConn’s Law-School Library Construction Case Settled for MillionsEndorsement Excludes Replacement of Undamaged Property with Matching MaterialsSouth Adams County Water and Sanitation District Takes Proactive Step to Treat PFAS, Safeguard Water SuppliesGeorgia Law: “An Occurrence Can Arise Where Faulty Workmanship Causes Unforeseen or Unexpected Damage to Other Property”Show Me the Money: The Good Faith Dispute Exception to Prompt Payment PenaltiesA Couple of Mechanic’s Lien Bills in VA [UPDATED]Kadeejah Kelly Named to The National Black Lawyers’ “Top 40 Under 40” ListCoverage for Injury to Insured’s Employee Not CoveredMore Money Down Adds to U.S. First-Time Buy
Real Estate & Construction News Roundup (8/5/26) – Data Centers Reshape Hotel Demand, AI Changes Construction Workflows and Global Tariffs Raise CRE Construction Costs
Pre-Judgment Interest Not Awarded Under Flood Policy
Insurer’s Discovery Requests Ruled to be Overbroad in Construction Defect Suit
Ninth Circuit Finds Policy’s Definition of “Policy Period” Fatal to Insurer’s “Related Claims” Argument
Mega-Consulate Ties U.S. to Convicted Billionaire in Nigeria
Proposed Bill Provides a New Federal Tax Credit for the Conversion of Office Buildings
New York State Trial Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues
Client Alert: Restaurant Owed Duty of Care to Driver Killed by Third-Party on Street Adjacent to Restaurant Parking Lot
Digitalizing the Hospital Design Requirements Process
Beware of Statutory Limits on Change Orders
Strict Rules for Home Remodel Contracts in California
Mediating Contract Claims and Disputes at the ASBCA
Don’t Let Construction Problems Become Construction Disputes (guest post)
World Cup May Pull Out of Brazil because of Construction Delays
The Need to Be Specific and Precise in Drafting Settling Agreements
Hidden Risks Behind Today’s Stadium Construction Boom
Biden Administration Issues Buy America Guidance for Federal Infrastructure Funds
California Contractors – You Should Know That Section 7141.5 May Be Your Golden Ticket
Senate Overwhelmingly Passes Water Infrastructure Bill
Texas Shortens Its Statute of Repose To 6 Years, With Limitations
2015 California Construction Law Update
The Death of Retail and Legal Issues
Navigating Tariffs in Construction Contracts: Creative Strategies for Owners and Contractors
NLRB Hits Unions with One-Two Punch the Week Before Labor Day
The Pandemic, Proposed Federal Privacy Regulation and the CCPA
How Does Weather Impact a Foundation?
Supreme Court Set to Alter Law on Key Project, Workforce Issues
New York Court of Appeals Finds a Proximate Cause Standard in Additional Insured Endorsements
From Ashes to Action: LA Fire Recovery Enters New Phase
A Matter Judged: Subrogating Insurers Should Beware of Prior Suits Involving the Insured
Legal 500 US Ranks Hunton’s Insurance Coverage Team Among Top Policyholder Practices in 2026 Guide
How to Deal with Contractor Delays – Bad Contractor Series Part 2
Construction Down in Twin Cities Area
California Court of Appeal Finds Alleged Inadequate Defense by Insurer-Appointed Defense Counsel Does Not Trigger a Right to Independent Counsel
Congratulations to BWB&O’s 2023 Super Lawyers Rising Stars!
BUILD Act Inching Closer To Reality
The Real Cost of ‘Dirt Cheap’ Walmart & Amazon Tiny Homes: 10 Things Consumers Should Know
Denial of Claim for Concealment or Fraud Reversed by Sixth Circuit
County Sovereign Immunity Invokes Change-Order Ordinance
Pollution Exclusion Bars Coverage for Damage Caused by Tar Escaping From Roof
Oregon Bridge Closed to Inspect for Defects
Insurer Incorrectly Relies Upon "Your Work" Exclusion to Deny Coverage
Connecticut’s New False Claims Act Increases Risk to Public Construction Participants
WATCH: 2023 Construction Economic Update and Forecast
Wildfire Smoke Threatens to Wipe Out Decades of Air Pollution Progress
Hawaii Federal District Court Denies Title Insurer's Motion for Summary Judgment
The Colorado Supreme Court affirms Woodbridge II’s “Adverse Use” Distinction
Traub Lieberman Partner Eric D. Suben and Associate Laura Puhala Win Summary Judgment in Favor of Insurer, Determining it has No Duty to Defend
Contract Disruptions: Navigating Supply Constraints and Labor Shortages
What is a Subordination Agreement?
