Damage from Frozen Pipes Excluded from Coverage
March 31, 2026 —
Tred R. Eyerly - Insurance Law HawaiiApplying Texas law, the federal district court found there was no coverage for damage to the insured’s commercial building due to the bursting of frozen pipes. Barona v. State Farm Lloyds, 2025 U.S. Dist. LEXIS 257379 (S.D. Texas Dec. 12, 2025).
Freezing weather froze Barona’s plumbing fixtures, causing significant water damage to the commercial property when the plumbing eventually expanded and burst. State Farm sent an inspector. During the inspection, Barona stated that he turned off the heat to his building but did not shut off the water supply or drain the pipes. State Farm denied covered based on the policy’s exclusion for frozen plumbing.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Mortgage Company Fails to Prove Loss or Entitlement to Damages, Eliminating Recovery
December 15, 2025 —
Tred R. Eyerly - Insurance Law HawaiiThe trial court’s dismissal of a declaratory judgment action after the mortgage company failed to prove the loss or entitlement to damages was affirmed. Erie Ins. Co. v. F St. Investments, LLC, 2025 Ohio App. LEXIS (Ohio Ct. App. Oct. 14, 2025).
MR DLB Properties LLC was in the business of property restoration and renovation. MR DLB executed a mortgage on three properties as secuirty for payment on a note issued by mortgagee F Street. As a condition of the mortgage, MR DLB obtained commercial liability insurance coverage with Erie. The policy provided $908,100 in replacement/repair property coverage and listed F Street as first mortgagee.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Federal Court Upholds Uninsured Contractor Endorsement; Finds Duty to Defend Anyway
November 04, 2025 —
Craig Rokuson - Traub LiebermanIn the recent case of
LM Ins. Corp. v. James River Ins. Co., 2025 U.S. Dist. LEXIS 189320 (S.D.N.Y. Sep. 25, 2025), the United States District Court for the Southern District of New York had occasion to interpret an Uninsured Contractor Endorsement in the context of an additional insured tender.
After a construction accident, the owner and general contractor tendered to a subcontractor, DATO, who had hired plaintiff's employer, Star. Investigations later revealed that DATO did not have a written contract with Star for the work at issue. DATO's insurer, Arch, denied any obligation to provide coverage to all parties seeking coverage, including additional insureds, based on DATO's failure to comply with the "New York Limitation Endorsement," which requires that "you," defined to be Arch's named insured, obtain certain pass through protections from subcontractors for New York projects, including a written contract.
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Craig Rokuson, Traub LiebermanMr. Rokuson may be contacted at
crokuson@tlsslaw.com
Real Estate & Construction News Roundup (3/18/25) – Data Center Frenzy, China’s Expanding REIT Market and Tariff-Affected Construction Costs
March 31, 2026 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, relistings reached highest total in a decade, Florida State Legislature passes bill to increase the state’s housing supply, data center construction adapts to changes and more!
- The data center construction frenzy and a new, potentially larger highway bill were top of mind for builders during the latest round of contractor earnings calls and financial reports. (Joe Bousquin, Construction Dive)
- Tariffs and associated policy uncertainty have increased construction costs and delayed leasing and investment choices. (J.P. Morgan)
- Relistings hit the highest January figure since Redfin began tracking this metric a decade ago. (Diana Olick, CNBC).
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Pillsbury's Construction & Real Estate Law Team
Texas Granted Primacy Over Class VI Carbon Storage Wells
December 15, 2025 —
Ashleigh Myers, Robert A. James, Michael S. McDonough & Jillian Marullo - Gravel2GavelOn November 12, 2025, the U.S. Environmental Protection Agency (EPA) approved Texas’s request for primacy over Class VI underground injection control (UIC) wells under the Safe Drinking Water Act, authorizing the Railroad Commission of Texas (RRC) to issue and oversee permits for carbon capture and storage (CCS) injection projects. The final rule makes Texas the sixth state to secure primacy over Class VI wells—following North Dakota, Wyoming, Louisiana, Arizona and West Virginia—and marks EPA’s third such approval in the last several months.
By securing primacy, effective December 15, 2025, Texas gains direct regulatory control over the siting, construction, operation and closure of CO₂ injection wells intended for long-term geological sequestration. This authority enables the state to establish permitting criteria, environmental review procedures and monitoring standards tailored to Texas’s unique geologic formations and existing oil and gas infrastructure.
Reprinted courtesy of
Ashleigh Myers, Pillsbury,
Robert A. James, Pillsbury,
Michael S. McDonough, Pillsbury and
Jillian Marullo, Pillsbury
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Mr. James may be contacted at rob.james@pillsburylaw.com
Mr. McDonough may be contacted at michael.mcdonough@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
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Real Estate & Construction News Roundup (3/11/25) – An AI Inflection Point for Hotels, Investor Pivot in Build-to-Rent and Looming Legislation for Single-Family Investors
March 24, 2026 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, lodging demand for World Cup brings growth, commercial property management firms use of AI becomes firmer, construction industry shows slow start to the year, and more!
Read the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
Fire Protection You Can Trust Starts With the Right Testing
December 22, 2025 —
Fernanda Gregati - Construction ExecutiveSteel’s strength and flexibility enable bold architectural design, fast project delivery and enduring structures. Despite its many advantages, steel has one critical vulnerability: It fails in fire of certain temperatures.
According to the
American Institute of Steel Construction, steel can lose roughly half its load-bearing strength at 1,100°F (593°C). The organization also reports that in real-world building fires, fueled by everyday office contents such as wood, paper and furniture, temperatures can exceed this threshold in minutes. That’s why many building codes mandate passive fire protection systems on exposed structural steel. Among the most effective prove thin-film intumescent coatings that expand under heat to form a charred insulating layer. These coatings delay heat transfer, allowing steel to maintain its integrity long enough to allow more time for evacuation and emergency response.
Reprinted courtesy of
Fernanda Gregati, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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“He Chose…Poorly: How Bad DSC Clauses Lead to Project Doom in the Last Crusade of Construction Risk”
March 10, 2026 —
Curt Martin & Lee Banta - ConsensusDocs“We do not follow maps to buried treasure, and X never, ever marks the spot.” That’s the advice that Indiana Jones offered in the Last Crusade film. But what’s beneath the surface isn’t just important to adventure archaeologists. It has
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