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DIRECTORY AND CAPABILITIES

Power Hungry: AI-Fueled Data Center Boom Sets Energy Delivery’s New Course

September 23, 2025 — Debra K. Rubin & Johanna Knapschaefer - Engineering News-Record
The statistics seem astounding, as forecasts for artificial intelligence demand push expansion of data center and power infrastructure into hyper-blitz in the U.S., and beyond. Reprinted courtesy of Debra K. Rubin, Engineering News-Record and Johanna Knapschaefer, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Read the full story...

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Don’t Assert as a Counterclaim to a Lien Foreclosure Lawsuit an Order to Show Cause Claim

October 27, 2025 — David Adelstein - Florida Construction Legal Updates
If there is a construction lien on your property and you don’t like the lien, here are options to deal with the lien:

1. You negotiate a resolution a get a satisfaction of lien to record in the public records. Or, you can transfer the lien to the security of a lien transfer bond, but that just means the lienor would need to foreclose against the bond instead of the real property. In other words, the lien is collateralized by the lien transfer bond and not the real property so it does not resolve the lien.
2. You record a Notice of Contest of Lien to shorten the lienor’s statute of limitations to foreclose on the construction lien to 60 days. (See here.) If the lienor does not timely foreclose, then the lien is of no effect as a matter of law. However, this does force the issue, meaning the lienor may file a lien foreclosure lawsuit sooner than later. (But, if they file the lawsuit sooner, then the lienor was always going to file the lawsuit later.)
3. You can file a lawsuit for an Order to Show Cause under Fla. Stat. s. 713.21(4) and force the lienor to file a lien foreclosure counterclaim within 20 days from service of the show cause summons. (See here.) The only time you’d really do this is if you want to initiate a lawsuit that you’d probably initiate no matter what. Otherwise, the Notice of Contest of Lien is more cost effective and more efficient.

Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Doctrine of Superior Knowledge in Government Contracting

September 23, 2025 — David Adelstein - Florida Construction Legal Updates
In government contracting claims, the contractor may argue the government had superior knowledge as to key facts and failed to share its superior knowledge with the contractor, which ultimately cost the contractor more money/time. “Under the doctrine of superior knowledge, the Government has ‘an implied duty to disclose to a contractor otherwise unavailable information regarding some novel matter affecting the contract that is vital to its performance.’ A superior knowledge claim ‘focuses … upon the Government’s knowledge of vital information prior to contract award and its failure to share it with an unknowing contractor.’” Troop Contracting, Inc. v. Department of Veteran Affairs, CBCA 8000, 2025 WL 2164974 (CBCA July 2025). The underlined “prior to contract award” is key. In Troop Contracting, the contractor argued the government failed to share its superior knowledge of the prevalence of lead based paint in the building it was hired to renovate. As a result, the contractor had to perform lead based paint testing and abatement, which cost additional money. However, and unfortunately for the contractor:

[T]he contract plainly stated that [the contractor] must assume that any and all painted surfaces encountered and disturbed contain LBP [lead based paint] and that [the contractor] must treat these painted surfaces per the specifications. [The contractor] therefore knew or should have known that the specifications set forth in the solicitation (which were subsequently incorporated into the contract) advised that all painted surfaces must be assumed to contain LBP and that [the contractor] would be required to address any disturbed paint pursuant to the LBP section.

Troop Contracting, supra.

Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Thank You for Year 19 of Legal Elite

January 05, 2026 — Christopher G. Hill - Construction Law Musings
Thank you once again to those in the Virginia legal community who elected me to the Virginia Business Legal Elite in the Construction Law category for the 19th consecutive year. The 19 consecutive years of election to the Legal Elite in the Construction Category span my over 15 years as a solo construction attorney. The fact that you all have continued to elect “100%” of the lawyers at The Law Office of Christopher G. Hill, PC for the last 15 years is most gratifying and only confirms that my decision to “go solo” over 15 years ago was a good one. To be included in this list of top construction attorneys is both humbling and gratifying. For the complete list of the Virginia construction lawyers who were elected along with me, see the 2025 Virginia Business Legal Elite in Construction Law. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill, PC
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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PSA: Getting the First Mechanic’s Lien on a Project is a Plus

January 26, 2026 — Christopher G. Hill - Construction Law Musings
As 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. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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Don’t Breach Your Contract, but If You Do, Don’t Breach First

December 22, 2025 — Christopher G. Hill - Construction Law Musings
Well, it’s been a while since my last post here at Musings due to travel, work, Thanksgiving, etc. so I thought I’d let a recent case remind us all that while breaching a construction contract is bad, doing it first is even worse. This is the so called “doctrine of first breach” that basically states that if both parties are in breach (or even just one), then the first to breach is the one that will bear the costs of breach. The doctrine also states that the one first to breach first can’t enforce any of its rights going forward. The plaintiff in SEG Props. LLC v. NTC Mazzuca Constr.,Inc., the Virginia Court of Appeals considered a first breach scenario that was pretty extreme. The basic facts are as follows: SEG hired Mazzuca to build a private shooting range and hired a property manager (Jones, Lang, LaSalle, Inc. (“JLL”)) as its project representative. Per the contract, if Mazzuca provided a payment application on or before the 25th of the month, payment was due by the 25th of the following month. In no event was payment to be made more than 30 days from receipt of the payment application by the owner’s representative. Even where there was a dispute, the undisputed amounts were to be paid. Mazzuca and JLL used a so called “pencil” method for payment applications that involved JLL reviewing the payment applications for errors and then a final payment application with the corrections being sent to the Architect. Needless to say there were change orders and disputes, but after the smoke cleared, it was obvious that from the first payment application, SEG had failed to make timely payment (for the whole saga, please read the case as it is too long for this post). Later, SEG terminated Mazzuca for cause upon one day’s notice that SEG would be supplementing Mazzuca’s workforce. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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Segal McCambridge Expands West Coast Presence with the Addition of 36 Attorneys from Chapman Glucksman to Los Angeles Office

September 08, 2025 — Segal McCambridge
Los Angeles, CA, September 2, 2025 - Segal McCambridge is pleased to announce its continued expansion on the West Coast with the addition of 36 attorneys from Chapman Glucksman, who will join the firm's Los Angeles office. The joinder of Chapman Glucksman attorneys will expand Segal McCambridge's high-stakes litigation experience, enabling the firm to continue serving its growing base of clients on the West Coast. This move reflects Segal McCambridge's long-term commitment to building a national platform with strong local roots to provide clients with creative, strategic advice and battle-tested trial experience. "We're proud to continue our strategic expansion with the growth of our West Coast team," said Jason Eckerly, Managing Shareholder of the firm. "This move reflects both the strength of our client relationships and our commitment to building a presence in key markets where our services are in high demand. As our firm continues to grow locally and nationally, we remain focused on maintaining the high standard of excellence and responsiveness our clients expect - now with an even deeper bench and regional capabilities, building on Chapman Glucksman's decades of experience and respected brand in the California market." As part of the firm's strategic growth efforts, the Los Angeles office, located at 11900 West Olympic Boulevard, Los Angeles, California 90064, will continue to see expansion throughout 2025 and beyond. "Our team of highly experienced litigators and attorneys is excited to join a firm with a strong track record of helping companies and individuals with complex litigation and business challenges," said Chapman Glucksman co-founder Richard H. Glucksman. "Segal McCambridge is known for being a trusted partner and advisor for its effective strategies that help clients achieve their objectives, so it is a natural fit for our team to join forces with this firm." Chapman Glucksman, after more than 40 years in business, sought to align its strengths with a larger firm offering a national footprint, broader practice capabilities, and enhanced resources. Through this combination, Chapman Glucksman's clients will continue to benefit from Segal McCambridge's commitment to delivering the highest quality legal services and serving as a trusted advisor and partner across the United States. We are also grateful to Larry Gennaro of Gennaro Potratz, whose guidance and expertise were instrumental in bringing this expansion to fruition. His thoughtful approach and industry insight helped align both firms' goals and ensure a smooth transition. About Segal McCambridge Segal McCambridge has built a reputation as a national law firm of accomplished trial attorneys for almost four decades. Founded in 1986, the firm has grown from a four-lawyer shop in Chicago to a firm with 18 offices nationwide. The firm routinely counsels and defends clients, including Fortune 500 companies, corporations, and individuals, across the United States in complex litigation matters including, but not limited to, asbestos, class action, construction, employment, environmental, food and beverage, insurance coverage and bad faith, life sciences, product liability, professional liability, technology and cyber risk, transportation, and warranty. For more information, visit: www.segalmccambridge.com.

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ABA’s Fundamentals of Construction Law, 3rd Edition

September 30, 2025 — Elaine Y. Lee - Peckar & Abramson, P.C.
Elaine Lee, a Partner in P&A’s Los Angeles office, co-authored a chapter for the American Bar Association (ABA)’s Fundamentals of Construction Law, 3rd Edition book. Elaine co-authored chapter 12, “Changes in the Work.” The chapter discusses:

• Changes and Resulting Impacts
• Contract Clauses Addressing Changes
• Change Order Clause

Read the full story...
Reprinted courtesy of Elaine Y. Lee, Peckar & Abramson, P.C.
Ms. Lee may be contacted at elee@pecklaw.com

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