Court Ends Trump Shutdown of NY's $5B Empire Wind, Second Offshore Project Revived
February 17, 2026 —
Debra K. Rubin - Engineering News-RecordIn a much-anticipated decision Jan. 15, the federal district court in Washington, D.C., revoked a construction shutdown ordered by the Trump administration against another major East Coast offshore wind project—the $5-billion Empire Wind underway south of New York City. The project's developer, Norway-based Equinor, won a stay and preliminary injunction in response to its lawsuit and one from the state, which aims to direct most of the project's planned 810 MW of power generation to the city's metro area.
Read the full story...Reprinted courtesy of
Debra K. Rubin, Engineering News-RecordMs. Rubin may be contacted at
rubind@enr.com
Ball Janik LLP Elevates Construction Litigation Attorneys Keegan A. Berry and Nicholas B. Vargo to Partner
February 02, 2026 —
Ball Janik LLPOrlando, FL – January 28, 2026 –
Ball Janik LLP is pleased to announce the elevation of
Keegan A. Berry and
Nicholas B. Vargo to Partner, effective 2026. Both attorneys are dedicated to their clients and have provided significant contributions to the firm's Construction Defect and Litigation practice.
"Keegan and Nicholas exemplify the excellence and client-focused approach that define Ball Janik LLP," said James C. Prichard, Managing Partner of Ball Janik LLP. "Their elevation to Partner reflects not only their exceptional legal skills and dedication to our clients but also their commitment to advancing the firm's mission. We are proud to recognize their achievements and look forward to their continued leadership."
Berry is based in Ball Janik LLP's Orlando office and is a Florida Bar Board Certified Specialist in Construction Law. Throughout his career, Berry has focused on complex litigation and resolving matters through arbitration, alternative dispute resolution, and trial, with extensive experience both prosecuting and defending construction claims on behalf of owners, contractors, and manufacturers. His practice also encompasses complex commercial and general litigation, including business torts, professional liability, products liability, and general liability.
"I'm honored to continue serving Florida's business and property owner communities as a partner at Ball Janik, leveraging my experience to deliver efficient, results-driven solutions in even the most complex construction disputes," said Berry.
Vargo is based in Ball Janik LLP's Tampa office and is a Florida Bar Board Certified Specialist in Construction Law. He focuses on Construction Litigation, representing residential and commercial property owners in construction defect litigation. Vargo has spent most of his career in construction defect law with Ball Janik and has been instrumental in growing Ball Janik's presence in Florida's west coast.
"Becoming a partner at Ball Janik is both a privilege and a responsibility, and I look forward to continuing to advocate fiercely for our clients while holding accountable those who attempt to evade their obligations," said Vargo.
About Ball Janik LLP
Ball Janik LLP is a Florida-based law firm offering construction defect, construction law, insurance recovery, and commercial litigation counsel, to its local and national clients. The firm was founded in 1982 and has expanded its capabilities, professionals, and geographic footprint. What started as a small firm focused on real property, land use, and litigation (known then as Ball Janik & Novack) has grown to a team of 50-plus attorneys and paralegals in 5 offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, and Corporate International. Read more here: https://www.balljanik.com/.
At the Intersection of Indemnity and Prevailing Wages
March 17, 2026 —
Garret Murai - California Construction Law BlogIn a case that I’m frankly surprised I don’t see more of, the 2nd District Court of Appeal of California examined an indemnity claim by a subcontractor against a general contractor and public entity who mistakenly believed that a construction project did not require the payment of prevailing wages.
The Nabors Case
In
Nabors Corporate Services, Inc. v. City of Long Beach, 108 Cal.App 540 (2025), subcontractor Nabors Corporate Services, Inc. sued general contractor Tidelands Oil Production Company and the City of Long Beach after it was found liable in a class action lawsuit for failing to pay prevailing wages to its employees. Nabors’ contract with Tidelands did not require the payment of prevailing wages and neither Tidelands nor the City believed that the project, which involved “oil well plug and abandonment” work, required the payment of prevailing wages.
Read the full story...Reprinted courtesy of
Garret Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
AI & Digital Tools on Construction Projects: Contract Risks to Address Before Peak Season
April 08, 2026 —
Meghan Douris - The Construction SeytArtificial intelligence and advanced digital tools are no longer experimental on construction projects. In Q1 of 2026, we can already see how they are already influencing schedules, estimates, submittals, safety reporting, and day‑to‑day project documentation. As peak construction season approaches, many teams are accelerating adoption of AI to gain efficiency.
What often lags behind, however, is the contract framework governing how those tools are used—and how their outputs are treated when something goes wrong.
On sophisticated construction projects, that gap can quickly become a dispute driver.
Read the full story...Reprinted courtesy of
Meghan Douris, Seyfarth Shaw LLPMs. Douris may be contacted at
mdouris@seyfarth.com
Identifying Unfair Clauses in Construction Contracts
February 17, 2026 —
Curtis W. Martin - Peckar & Abramson, P.C.In 1979, virtually all projects were completed under form contracts. As I started practicing construction law, it seemed that most form contracts were generally fair. They were negotiated by industry groups and over the next 10-20 years they appeared to become fairer. We could and did compare provisions in the AIA documents, the Federal contract forms, and the EJCDC agreements. When we did, we found subtle differences, but broad similarities in their approach to contract risk allocation.
Today many (most?) private projects are done with “manuscript” contracts – instruments tailored to the owner’s interests. And many public entities have developed their own contracts. And not all those clauses seem so fair.
This month I focus on contract clauses that I consider unfair. And while unfairness, like beauty, may be in the eye of the beholder, I think that the clauses described below aptly fit that descriptor.
Read the full story...Reprinted courtesy of
Curtis W. Martin, Peckar & Abramson, P.C.Mr. Martin may be contacted at
cmartin@pecklaw.com
Federal Shutdown Idles Most OSHA Activity, Raising Safety and Compliance Concerns
November 04, 2025 —
Bryan Gottlieb - Engineering News-RecordWhen federal funding expired Oct. 1, the U.S. Dept. of Labor triggered its contingency plan, effectively halting most oversight functions at the Occupational Safety and Health Administration.
Read the full story...Reprinted courtesy of
Bryan Gottlieb, Engineering News-RecordMr. Gottlieb may be contacted at
gottliebb@enr.com
“Number nine, Number nine…”: Newark Trial Team Obtains “No Cause” Verdict in Ninth Trial of Year
December 15, 2025 —
Lewis Brisbois NewsroomNewark, N.J. (October 21, 2025) - Starting their ninth trial of the year – eight juries, one bench – the trial team of Newark Partner Afsha Noran and Managing Partner Colin P. Hackett recently obtained a “No Cause” verdict for a national owner, developer, builder, and operator of real estate.
While the trial was relatively short, totaling four days and eight witnesses, the “No Cause” verdict was nonetheless gratifying for the client and the New Jersey trial team. As in any slip/trip/fall action, the plaintiff alleged the firm client failed to properly maintain their retail space, which led to the plaintiff slipping, falling and fracturing a femoral condyle bone. This resulted in the plaintiff undergoing surgery and being wheelchair bound for over three months, as well as needing home modifications consisting of an exterior home ramp and commode. The plaintiff’s expert opined that the plaintiff was, is, and will continue to be in pain for the rest of her life, and will require pain management treatment and a future knee replacement.
Read the full story...Reprinted courtesy of
Lewis Brisbois
Snell & Wilmer Phoenix Partner Jody Pokorski Named Winner of Connect CRE’s 2025 Lawyers in Real Estate Awards
January 21, 2026 —
Snell & WilmerPhoenix – Snell & Wilmer is pleased to announce that Phoenix Partner
Jody K. Pokorski has been named a winner of
Connect CRE’s
Lawyers in Real Estate Awards for the Phoenix and Southwest region. This recognition highlights commercial real estate lawyers throughout various regions of the U.S., who have significantly impacted commercial real estate through their contributions to the industry and community.
Pokorski’s practice is concentrated in real estate transactions, finance and regulatory matters, including work relating to commercial purchase and sale transactions, real estate financing, master planned communities, subdivision matters, and leasing. She advises large and small corporate clients in real estate matters throughout the United States. Pokorski represents developers, owners, lenders, and contractors and has significant experience handling real estate matters for institutes of higher learning and other educational entities.
Read the
Lien Law Change in IdahoConstruction Contract Terms Matte
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Short-Term Rental Legislation & Litigation On the Way!
Research Project Underway to Prepare Water Utilities for Wildfire Events
London Shard Developer Wins Approval for Tower Nearby
"Multiple Claims" Provisions on Contractor's Professional Liability Policy Creates a Trap for Policyholders
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Ten Newmeyer & Dillion Attorneys Selected to the Best Lawyers in America© 2019
The Overlooked Nevada Rule In an Arena Project Lawsuit
How Contractors Can Prevent Fraud in Their Workforce
Client Alert: Service Via Tag Jurisdiction Insufficient to Subject Corporation to General Personal Jurisdiction
Who Is To Blame For Defective — And Still LEED Certified — Courthouse Square?
Skanska Found Negligent for Damages From Breakaway Barges
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Settlement Conference May Not Be the End in Construction Defect Case
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General Contractor’s Professional Malpractice/Negligence Claim Against Design Professional
Use Your Instincts when Negotiating a Construction Contract
Lithium for Batteries from Geothermal Brine
Bank Window Lawsuit Settles Quietly
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The California Legislature Return the Power Back to the People by Passing the California Consumer Privacy Act of 2018
New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable
PATH Station Designed by Architect Known for Beautiful Structures, Defects, and Cost Overruns
Without Reservations: Fourth Circuit Affirms That Vague Reservation of Rights Waived Insurers’ Coverage Arguments
Texas City Pulls Plug on Fossil Fuels With Shift to Solar
Will Claims By Contractors on Big Design-Build Projects Ever End?
Under New York Law a Recourse Provision Bars Most Claims Except for Fraud
U.S. Homebuilder Confidence Rises Most in Almost a Year
U.S. Homeowners Are Lingering Longer, and the Wait Is Paying Off
U.S. Housing Starts Exceed Estimates After a Stronger December
Contract Change #1- Insurance in the A201 (law note)
Contractor’s Unwritten Contractual Claim Denied by Sovereign Immunity; Mandamus Does Not Help
Another Colorado Construction Defect Reform Bill Dies
South Carolina School District Investigated by IRS and FBI
Avoid Five Common Fraudulent Schemes Used in Construction
2023 West Coast Casualty Construction Defect Seminar
New York’s Highest Court Reverses Lower Court Ruling That Imposed Erroneous Timeliness Requirement For Disclaimers of Coverage
Just Because I May Be An “Expert” Does Not Mean I Am Giving Expert Testimony
Homebuilding in Las Vegas Slows but Doesn’t Fall
Palm Beach Billionaires’ Fix for Sinking Megamansions: Build Bigger
Forethought Is Key to Overcoming Construction Calamities
California Supreme Court McMillin Ruling
Executive Order Addresses Wildfire Rebuilding Delays Through Federal Preemption of State and Local Permitting
ACS Super Lawyers and Rising Stars Recognized
Henderson Land to Spend $839 Million on Hong Kong Retail Complex
Hawaii Federal District Court Compels Appraisal
Insured Versus Insured Clause Does Not Bar Coverage
Yet Another Reason That Your Contract Matters
