Insureds’ Altering Dates for Hailstorm Damage Justifies Denial of Claim
June 02, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe Firth Circuit affirmed the district court’s grant of summary judgment to the insurer due to the insureds’ failure to establish the date of loss after a hailstorm. Cutchall v. Chubb Lloyds Ins. Co. of Texas, 2026 WL 625633 (5th Cir. March 5, 2026).
In September 2021, the Cutchalls made a claim on their policy for interior water damage due to a hailstorm that breached their roof. Chubb retained two engineers to inspect the home, but neither found evidence that a hailstorm caused the damage. Instead, the engineers concluded a variety of other causes, such as poor ventilation and as-built defects, caused the damage. Because Chubb concluded that some of these other causes were covered by the policy, it paid only for the covered portions.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
A Customized Approach to Data Center Construction
June 29, 2026 —
James P. Bobotek, Arielle L. Murphy & Robert A. James - Gravel2Gavel Construction & Real Estate Law BlogData center construction projects are, to put it mildly, distinct. They differ from traditional construction in a host of manners, and are particularly distinctive because the value of the facility depends on unique measures of performance. A center that cannot meet uptime, cooling, redundancy or connectivity standards will not achieve its mission, whether or not the structure itself meets standard industry contract-form “substantial completion” or “mechanical completion” definitions.
Owners, developers, lenders, operators and hyperscalers—especially hyperscalers!—want it all. They seek favorable and stable pricing, accelerated delivery and sophisticated components, all of which are evolving in “real project time.” Standard construction contract forms deserve extensive modifications to align clauses with expectations, with a heightened focus on systems integration, commissioning, and allocation of special risks. This article details customized considerations for drafting, negotiating and administering data center design and construction agreements.
Reprinted courtesy of
James P. Bobotek, Pillsbury,
Arielle L. Murphy, Pillsbury and
Robert A. James, Pillsbury
Mr. Bobotek may be contacted at james.bobotek@pillsburylaw.com
Ms. Murphy may be contacted at arielle.murphy@pillsburylaw.com
Mr. James may be contacted at rob.james@pillsburylaw.com
Read the full story...
LA Scores Major Victory in a High-Exposure Premises Liability Action
July 06, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPOur firm is proud to announce a decisive defense victory obtained by Partner
Daniel Crespo and Associate
Lauren Landau for our client in a high-exposure premises liability action arising from a 2022 incident at an active school construction site in Perris, California. On March 10, 2026, the Riverside County Superior Court granted Summary Judgment in full for our client, dismissing all claims brought by Plaintiff, who alleged she tripped and fell over a curb while picking up her daughter from school and sustained ankle and wrist injuries as a result.
Through meticulous preparation and the strategic use of construction plans, contractual documents, and onsite surveillance video evidence, our team demonstrated that our client had no ownership, possession, or control over the portion of the existing sidewalk where the incident occurred, with construction plans unambiguously designating the area as pre-existing concrete outside our client’s scope of work, and the Construction Services Agreement expressly reserving control over all existing site improvements to the school district.
Read the full story...Reprinted courtesy of
Bremer Whyte Brown & O'Meara LLP
“The Superintendent Told Us to Do It:” Why Verbal Approval May Not Be Enough
June 02, 2026 —
Andrew Lintner - Colorado Construction Litigation BlogIn construction defect litigation, one scenario appears repeatedly: a subcontractor installs work in a manner that differs from the plans, specifications, manufacturer instructions, or industry standards after being verbally directed to do so by the general contractor, superintendent, architect, or owner’s representative.
At the time, the decision may seem minor. The project is moving quickly, the field team wants to maintain progress, and nobody wants to stop working over what appears to be a small issue. The subcontractor may trust the superintendent or project manager and assume the conversation will be remembered later if questions arise.
Years later, however, when the project experiences problems, the people involved may deny the conversation occurred, remember it differently, or simply no longer remember the project. Without written documentation, the subcontractor can find itself defending claims for defective work, even though it performed the installation exactly as directed.
Read the full story...Reprinted courtesy of
Andrew Lintner, Higgins, Hopkins, McLain & Roswell, LLCMr. Lintner may be contacted at
alintner@hhmrlaw.com
USDOT’s DBE Interim Final Rule: How It Affects Current and Out-to-Bid DOT and Airport Projects
June 15, 2026 —
Zachary F. Jacobson - The Construction SeytIn our April 16, 2026 post, we discussed the U.S. Department of Transportation’s Interim Final Rule (IFR) concerning Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) certification, specifically as it concerns transportation and airport projects in California.
This post addresses a broader question: What does the IFR mean for current and out-to-bid DOT projects operating under pre-existing DBE goals? The answer is that the IFR did more than change who qualifies as a DBE. It also changed how federally funded transportation and airport projects must be handled during the re-evaluation period. This affects active contracts, pending procurements, airport projects, design-build teams, and anyone relying on old assumptions about DBE goals and counting of DBE and ACDBE credit.
Read the full story...Reprinted courtesy of
Zachary F. Jacobson, Seyfarth Shaw LLPMr. Jacobson may be contacted at
zjacobson@seyfarth.com
Key Ways Construction Companies Can Stay in Compliance with E-Verify
October 26, 2026 —
Stephen E. Irving - ConsensusDocsThe federal E-Verify program has become an increasingly central feature of employment verification in the construction industry. Once a voluntary tool used primarily by federal contractors, E-Verify is now mandated, either broadly or for specific project types, by a growing number of states, and its role continues to expand under federal enforcement policy. For construction companies, which depend heavily on large, mobile workforces, and layered subcontracting relationships, E-Verify compliance presents unique operational and legal challenges. This article identifies the key practices construction companies should adopt to maintain compliance, highlights common good-faith mistakes that nonetheless expose contractors to enforcement risk, and examines the broader implications of continued E-Verify expansion for the construction labor market.
Read the full story...Reprinted courtesy of
Stephen E. Irving, Peckar & Abramson, P.C.Mr. Irving may be contacted at
sirving@pecklaw.com
DOI Finalizes Long-Awaited Modernization of Type A Natural Resource Damage Assessment Regulations
August 03, 2026 —
Amanda G. Halter, Ashleigh K. Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law BlogFor nearly three decades, the U.S. Department of the Interior’s (DOI) simplified “Type A” Natural Resource Damage Assessment (NRDA) regulations were available more in theory than in practice, constrained by dated models, narrow geographic applicability and a $100,000 cap that rarely matched the economics of modern environmental claims. DOI has now finalized revisions to the Type A natural resource damages assessment procedures under 43 C.F.R. Part 11 for hazardous substance releases under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Clean Water Act (CWA), with the final rule published in the
Federal Register on July 13, 2026 and scheduled to become effective August 12, 2026.
As discussed
previously, DOI has sought to modernize what it views as an “inefficient and inflexible” process and restore the Type A procedure to its intended role as a more streamlined pathway for smaller, less contentious NRD claims. The final rule adopts a $5 million default damages threshold, allows use above that amount if all parties agree, clarifies that Type A may be used in all environments and for all natural resource types, and removes legacy model appendices that had tethered the process to outdated formulas.
Reprinted courtesy of
Amanda G. Halter, Pillsbury,
Ashleigh K. Myers, Pillsbury and
Jillian Marullo, Pillsbury
Ms. Halter may be contacted at amanda.halter@pillsburylaw.com
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
Read the full story...Insureds' Not Entitled to Recovery for Partial CollapseThe Conscious Builder – Interview with Casey GreyThree Payne & Fears Attorneys Named 2024 Southern California Super Lawyers Rising StarsArchitectural Democracy – Interview with Pedro AibéoThe “Unavailability Exception” is Unavailable to Policyholders, According to New York Court of Appeals2013 May Be Bay Area’s Best Year for Commercial BuildingNevada Assembly Sends Construction Defect Bill to SenateViva La France! 2024 Summer Olympics Construction Features Sustainable Design, Including, Simply Not Building at AllWhat Are The Most Commonly Claimed Issues In Construction Defect Litigation?New York’s Lawsky Proposes Changes to Reduce Home ForeclosuresCorrective Action Protest Grounds for GSA Schedule Federal Construction ContractorsDecline in Home Construction Brings Down Homebuilder StocksWhat Made th
Hunton Insurance Coverage Partner Lawrence J. Bracken II Awarded Emory Public Interest Committee’s 2024 Lifetime Commitment to Public Service Award
Two Important Points Regarding the Miller Act
Ex-Engineered Products Firm Executive Convicted of Bid Rigging
A License to Sue: Appellate Court Upholds Condition of Statute that a Contracting Party Must Hold a Valid Contractor’s License to Pursue Action for Recovery of Payment for Contracting Services
Real Estate & Construction News Roundup (7/30/25) – Data Centers in Space, Low-Income Housing Problems and Spike in Multifamily Completions
Repairs to Water Infrastructure Underway After Hurricane Helene
How Does Weather Impact a Foundation?
Home Builder Doesn’t See Long Impact from Hurricane
Wendel Rosen’s Construction Practice Group Receives “Tier 1” Ranking by U.S. News and World Reports
Legal Matters Escalate in Aspen Condo Case
Preserving Lien Rights on Private Projects in Washington: Three Common Mistakes to Avoid
The Problem with One Year Warranties
OSHA Joins the EEOC in Analyzing Unsafe Construction Environments
Storm Eunice Damage in U.K. Could Top £300 Million
LA Wildfires Push California Insurance Market to Its Limit
The Contract Disputes Act: What Every Federal Government Contractor Should Know
Meet the Forum's In-House Counsel: ERIN CANNON-WELLS
Environmental Update: Regulatory Notes – April 2025
Lender Seeks Millions From Lendlease for LA 'Graffiti Building' Suit Costs
Arctic Fires Are Melting Permafrost That Keeps Carbon Underground
Michigan Supreme Court Concludes No Statute of Repose on Breach of Contract
Super Lawyers Selects Haight Lawyers for Its 2023 California Rising Stars List
Toll Brothers Snags Home Builder of the Year Honors at HLS
St. Mary & St. John Coptic Orthodox Church v. SBS Insurance Services, Inc.
Nevada Provides Independant Counsel When Conflict Arises Between Insurer and Insured
Texas Considers a Quartet of Construction Bills
Brandy Price, Dean Pillarella Named to Lawdragon's "Next Generation" List
Green Construction Trends Contractors Can Expect in 2019
Falling Tree Causing Three Injuries/Deaths Is One Occurrence
How to Determine the Deadline for Recording a California Mechanics Lien
Federal Court Again Confirms No Coverage For Construction Defects in Hawaii
Construction in the Time of Coronavirus
Partner John Toohey and Senior Associate Sammy Daboussi Obtain a Complete Defense Verdict for Their Contractor Client!
LA’s $1.2 Billion Graffiti Towers Put on Sale After Bankruptcy
Haight has been named a Metropolitan Tier 1 and Tier 2 “Best Law Firm” by U.S. News – Best Lawyers® “Best Law Firms” in 2025
S&P Near $1 Billion Mortgage Ratings Settlement With U.S.
ASHRAE Seeks Comments by May 26 on Draft of Pathogen Mitigation Standard
Homeowner's Claim for Collapse Survives Summary Judgment
Ninth Circuit Affirms Dismissal Secured by Lewis Brisbois in Coverage Dispute Involving San Francisco 49ers’ Levi Stadium
Privette: The “Affirmative Contribution” Exception, How Far Does It Go?
Maui Wildfire Cleanup Advances to Debris Removal Phase
Full Extent of Damage From Turkey Quakes Takes Shape
Ontario Court of Appeal Clarifies the Meaning of "Living in the Same Household" for Purposes of Coverage Under a Homeowners Policy
GRSM Named Among 2026 “Best Law Firms” by Best Lawyers®
Another Reminder that Your Construction Contract is Only as Good as Those Signing It
Partners Nicole Whyte and Karen Baytosh are Selected for Inclusion in Best Lawyers 2021 and Nicole Nuzzo is Selected for Inclusion in Best Lawyers: Ones to Watch
One Sector Is Building Strength Amid Slow Growth
Even Toilets Aren’t Safe as Hackers Target Home Devices
Oregon Supreme Court Provides Much-Needed Clarity on the State’s Law Regarding Whether Damage from Construction Defect Constitutes An “Occurrence”
ConsensusDOCS Updates its Forms
