Don’t Ignore Prejudgment Interest
February 02, 2026 —
David Adelstein - Florida Construction Legal UpdatesWhen it comes to contracts, there may be a clause that provides that untimely payments shall bear interest at a particular rate. Or it may be the statutory rate. That clause will come into play when determining prejudgment interest. In ANY dispute, prejudgment interest can be an important damages component that accrues from the date of the loss. Don’t ignore prejudgment interest.
The Fourth District of Florida, in a construction dispute, maintained:
“[I]f a plaintiff establishes that he sustained out-of-pocket loss, prejudgment interest must be awarded from the date of the loss. The trial court has no discretion regarding awarding prejudgment interest and must do so applying the statutory rate of interest in effect at the time the interest accrues.”
Bensusan v. Design Engineering Group, LLC, 2025 WL 3466367 (Fla. 4th DCA 2025) (citation omitted).
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Groundbreaking New York Law Regulates Third-Party Litigation Funding for the First Time
February 02, 2026 —
Nicholas P. Hurzeler - Lewis BrisboisOn December 19, 2025, New York Governor Kathy Hochul signed the Consumer Litigation Funding Act (A804-C/S1104A) into law. The new statute takes aim at abusive third-party litigation funding practices statewide.
For years, the unregulated "lawsuit loan" industry has acted as a silent inflator of claim values, forcing plaintiffs to reject reasonable settlement offers in order to pay back exorbitant interest. The new regulatory framework, effective June 17, 2026, introduces caps and transparency measures that may help stabilize settlement negotiations and curb artificially inflated demands. The law does not apply to contracts made before its effective date. Below are some of its most important provisions.
Read the full story...Reprinted courtesy of
Nicholas P. Hurzeler, Lewis BrisboisMr. Hurzeler may be contacted at
Nicholas.Hurzeler@lewisbrisbois.com
PSA: Getting the First Mechanic’s Lien on a Project is a Plus
January 26, 2026 —
Christopher G. Hill - Construction Law MusingsAs those that read this construction law blog are aware, I am a big fan of
mechanic’s liens as a way to get paid. These
powerful and tricky beasts are a great way to get an owner’s attention and to put payment pressure on those that owe you money.
Recently I was reminded that getting a lien prepared and recorded both carefully and quickly can be key to getting paid on a problem project. Not only should construction professionals keep the
150-day rule and the 90-day rule in mind, but they should also be quick on the trigger when it becomes clear that a mechanic’s lien will be necessary.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
GRSM Attorneys Named Finalists in 2026 Women, Influence & Power in Law Awards
March 10, 2026 —
Gordon Rees Scully MansukhaniGordon Rees Scully Mansukhani attorneys have been shortlisted as finalists for Corporate Counsel’s 2026 Women, Influence & Power in Law (WIPL) Awards, which honor women leaders who have demonstrated a commitment to advancing the empowerment of women in the legal profession.
In the Law Firm Internal Collaborative Leadership category, Stephanie Jones was recognized for her exceptional ability to foster collaboration, mentor talent, and align colleagues across GRSM. Jones has consistently demonstrated leadership rooted in trust, inclusion, and shared purpose, qualities that have strengthened the firm during a period of extraordinary growth. Her impact on the firm’s culture and success will continue as she steps into her role as Chief Operating Partner in June 2026, where she will further build on her leadership in fostering teamwork, mentorship, and alignment across the firm’s national platform.
Read the full story...Reprinted courtesy of
Gordon Rees Scully Mansukhani
Homeowners Associations Must Prepare for Cold Season Maintenance and Repairs in Western Washington
November 21, 2025 —
Andre Egle - VF LawWashington experiences major winter storms in the Greater Puget Sound area approximately two or three times per winter. While this depends on whether the winter weather pattern is affected by either El Niño or the La Niña Pacific Ocean current, associations must prepare for storm impacts rather than scramble after a storm has hit. La Niña conditions are ongoing and are likely to persist into the winter of 2025-2026, though forecasts indicate it will remain weak. Here are some steps Homeowners Associations (HOA) can take to protect themselves.
What Proactive Steps Can a Washington HOA Take to Identify and Minimize Potential Construction or Maintenance Risks Before a Major Storm?
Knowing that the chances for heavier-than-usual rains are in the forecast, a local HOA should inspect roofs, gutters, building envelopes, and drainage systems to identify vulnerabilities to water intrusion inside the buildings or ice buildup on the outside. Trees, landscaping features, walkways, and retaining walls need to be checked for dangers like dead limbs, tripping hazards, or any signs of shifting structure. Mechanical and utility systems such as plumbing, HVAC, and exterior lighting must be inspected to ensure they have sufficient insulation, protection, and proper operation. Contractors must ensure that all active construction sites are properly secured. They should also have a plan in place to protect materials from storm damage and address any other hazardous conditions.
What Key Questions Should HOA Boards and HOA Property Managers Ask Potential Contractors to Ensure Good Workmanship and Accountability?
The following five core questions capture the essentials of a contractor’s quality, reliability, and accountability: (1) Are you licensed, bonded, insured (inquire into the policy types and the applicable limits), and able to provide references for similar HOA projects? (2) Who will manage the project on-site work (request that person’s CV or work history), and how will you communicate work progress, potential issues, and timelines to the HOA? (3) What materials, methods, and quality-control procedures will you use, and how will you protect the property while performing the work, particularly during the rainy and stormy season? (4) Can you provide a detailed, written scope of work and price estimate, and explain, in writing, your company procedures for handling change orders or unexpected conditions? (5) What warranties do you provide for labor and materials that you will be using, and how do you handle a warranty or “punch-list” issues after the job is complete?
What are Some Insurance Pitfalls HOAs Often Overlook - and How to Avoid Them?
Here are the most common insurance pitfalls that HOAs may overlook, along with proposed solutions for addressing them. Pitfall No.1: Outdated or generic replacement-cost estimates that do not reflect actual construction costs in Washington. Solution: Obtain a professional replacement-cost appraisal every 3–5 years and ensure that the policy includes full replacement cost, not actual cash value. Pitfall No.2: Misunderstanding of the division of responsibility for covered losses between the HOA and individual owners. Solution: Educate the owners that under most an HOA’s contemporary governing documents such as the Declarations Of Conditions, Covenants, and Restrictions (DCCRs) and the Bylaw, the association’s insurance primarily covers repairs not only to the association’s common areas and limited common areas, but also the repairs of structural and other building elements inside each individual units, and then collects from the unit owner a proportional share of the HOA’s insurance premium. That way, the repairs covered by the HOA’s property insurance are uniform, and the HOA - not the unit owner - will deal with the repair contractor and its insurer if the repairs are subpar. Pitfall No. 3: Gaps in Water Damage Coverage. Property and liability insurance policies often exclude slow leaks, sewer backups, and water intrusion - three types of claims that typically are most expensive for an HOA. Solution: To request that the HOA insurance broker add to the policy coverage of (a) a backup of sewer/drain coverage, (b) wind-driven rain, and (c) water intrusion, and (d) sudden pipe failures. Afterward, the HOA should ensure that owners consistently keep the plumbing in their units in good working order. Pitfall No. 4: Failing to Adjust Coverage After Renovations. Specifically, HOAs frequently forget to update insurance after roof replacements, building upgrades, or additions of new amenities. Solution: Notify the HOA’s insurance broker after any major capital project and update insurable values to reflect the improvements. Pitfall No. 5: Not reviewing vendor insurance requirements because contractors may frequently have inadequate coverage or let policies lapse in the middle of a construction or renovation project. Solution: At the time of contracting for the construction or renovation work at the HOA property, (i) request that contractors provide their current Certificates of Insurance (“COI”), additional insured endorsements, and insurance policies Declaration pages that show the limits or coverage, and (ii) re-verify the same insurance facts before the work begins.
What is the Best Practice for Communicating with Residents of a Community Owned by an HOA to Maintain Trust and Transparency During and After a Winter Storm?
First, before a storm, send a simple, fact-based, expectation-setting message outlining what the HOA will do (snow removal plans, inspections, vendor readiness) and what residents should be prepared to do. Utilize multiple channels, including email, text alerts, HOA portal, lobby postings, and social media (if applicable). Second, set realistic expectations about response times because trust is built when residents understand what the HOA can and cannot do. Share with residents: (a) snow/ice vendor schedules; (b) priority areas, e.g., roads, walkways, private drives; (c) any delays due to the severity of the weather, and (d) clear expectations meant to reduce the residents’ frustration. Third, provide regular updates, even if the update is “no change.” Residents want visibility and care, not perfection. Report: (i) storm status; (ii) timing of plow/ice treatment timing, (iii) any emerging hazards (e.g., downed branches, icy walkways), and (vi) instructions for safety or temporary restrictions on moving about the community. Fourth, keep a record of and clarify every step taken to address the storm’s impact, since being transparent helps build trust when residents see that the HOA operates in an organized and responsible manner. After each key action, such as plowing, salting, emergency repairs, and the like, share with residents a brief update stating (a) what was done, (b) when it was complete, (c) the name of the vendor that performed the work, and (d) the dangers that are yet to be addressed. Fifth, within 48 to 72 hours after the storm, call a meeting to conduct a post-event summary to discuss what worked well, what challenges the HOA had to deal with, what repairs or follow-up work will happen, and what improvements will be made to meet the next storm with a higher degree of preparedness. Such a meeting would be one of the strongest ways to build long-term trust in the residents of the community owned by the HOA.
Andre Egle is an attorney at
VF Law. He may be reached at andre.egle@vf-law.com.
Supreme Court Strikes Down IEEPA Tariffs: The Refund Process Will Be Messy
March 10, 2026 —
Brett W. Johnson, Derek Flint, T. Troy Galan & Thomas Williams - Snell & WilmerOn February 20, 2026, the U.S. Supreme Court held in Learning Resources, Inc. v. Trump, and the consolidated case Trump v. V.O.S. Selections, Inc., that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs unilaterally.1 The decision invalidates both the “reciprocal” tariffs and the drug-trafficking tariffs imposed under IEEPA.
For importers, the immediate question is whether, how, and when refunds can actually be obtained. On that issue, the U.S. Supreme Court provided no roadmap. To the contrary, the dissent warned that the United States “may be required to refund billions of dollars,” that the process is likely to be a “mess,” and that the majority opinion “says nothing today about whether, and if so how, the Government should go about returning the billions of dollars that it has collected from importers.”
Reprinted courtesy of
Brett W. Johnson, Snell & Wilmer,
Derek Flint, Snell & Wilmer,
T. Troy Galan, Snell & Wilmer and
Thomas Williams, Snell & Wilmer
Mr. Johnson may be contacted at bwjohnson@swlaw.com
Mr. Flint may be contacted at dflint@swlaw.com
Mr. Galan may be contacted at tgalan@swlaw.com
Mr. Williams may be contacted at twilliams@swlaw.com>
Read the full story...
New California Law Mandates Prompt Resolution of Change Order Payment Disputes on Private Works of Improvement
January 05, 2026 —
Samuel Bucher, Marc Coats & William S. Hale, P.E. - Gravel2Gavel Construction & Real Estate Law BlogOn October 10, 2025, Governor Newsom signed SB 440, titled the Private Works Change Order Fair Payment Act. The new law introduces a process and deadlines for handling change order, time extension and payment disputes on private-works construction projects. SB 440 will apply to contracts entered into on or after January 1, 2026, and will remain in effect until January 1, 2030.
What Is Changing?
Construction projects often undergo changes during the construction process that may result in additional costs for labor and materials. Currently, there are no specific processes mandated for resolving change orders on private works of improvement in California. On January 1, 2017, California implemented Public Contract Code section 9204 to provide a claims resolution process for contractors engaged in public works projects, and SB 440 seeks to implement a similar process for private, nonresidential construction projects.
Reprinted courtesy of
Samuel Bucher, Pillsbury,
Marc Coats, Pillsbury and
William S. Hale, P.E., Pillsbury
Mr. Bucher may be contacted at samuel.bucher@pillsburylaw.com
Mr. Coats may be contacted at marc.coats@pillsburylaw.com
Mr. Hale may be contacted at william.hale@pillsburylaw.com
Read the full story...
Las Vegas Partner Jeffrey Saab and Team Leader D. Ryan Efros Secure a $0.00 Settlement on a Multimillion-Dollar Construction Defect Case!
April 14, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPPartner
Jeffrey Saab and Team Leader
D. Ryan Efros’ client was a construction supervisor on a palatial mansion. The homeowners claimed millions of dollars in damages and asserted the client was a general contractor (GC) and so responsible for the alleged defects. Jeff and Ryan took more than 15 depositions, reinforcing their trial strategy theme: that the client was not a GC, but Plaintiffs were. They secured significant concessions from Plaintiffs, pressed Plaintiffs’ own negligent construction choices, and made the risk of trying the case intolerable. On the eve of trial, Plaintiffs backed down, settling out Jeff and Ryan’s client for $0.00.
Read the full story...Reprinted courtesy of
Dolores Montoya, Bremer Whyte Brown & O'Meara LLP
