Insured is Third Party Beneficiary of Forced-Place Policy
October 26, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe court denied the insurerâs motion to dismiss the insuredâs fire damage claims under a forced-place policy because the insured was a third-party beneficiary of the policy. Fredericks v. Assurant Specialty, et al., 2026 U.S. Dist. LEXIS 179779 (E.D. Pa. Aug. 12, 2026).
The insuredsâ home burned down on the same day their homeownerâs policy expired. The expiration automatically triggered a forced-placed policy issued by American Security Insurance Company (ASIC) to the insuredsâ mortgage company, Rocket Mortgage Company, LLC.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Water Reuse Emerges as a Critical Strategy for Data Center Development
June 22, 2026 —
Ashleigh Myers, Jillian Marullo & Jason Drogin Atwood - Gravel2Gavel Construction & Real Estate Law BlogAs demand for data centers continues to accelerate, water availability is emerging as a critical factor in project development and long-term operations. Although power supply and transmission access have historically dominated siting discussions, increasing water constraints in many regions are placing greater focus on the substantial volumes of water required to support data center cooling systems. As we
covered previously, data centers are frequently located in areas already experiencing water stress and require substantial volumes of water to operateâroughly 228 billion gallons in 2023 in the United States aloneâwith water use projected to
increase by up to 170% by 2030.
Alternative cooling options, such as free-air cooling or mechanical chillers, can reduce direct water consumption but introduce their own tradeoffs. Free-air cooling is climate-dependent and often ineffective in hotter regions, while mechanical chillers increase energy demand, potentially shifting water consumption upstream through increased electricity generation.
Reprinted courtesy of
Ashleigh Myers, Pillsbury,
Jillian Marullo, Pillsbury and
Jason Drogin Atwood, Pillsbury
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
Mr. Atwood may be contacted at jason.atwood@pillsburylaw.com
Read the full story...
Real Estate & Construction News Roundup (8/19/26) â Single-Family Housing Investors Worry, Confidence in Multifamily REITs and Construction Backlog Falls
September 08, 2026 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, U.S. Chamber of Commerce creates Housing Advisory Council, a legal battle develops over new federal rules related to mortgage escrow accounts, hospitality dealmakers pursue âbigger, higher-convictionâ M&A, and more!
- In the wake of the 21st Century ROAD to Housing Act becoming law, the U.S. Chamber of Commerce has created a Housing Advisory Council with the goal of advancing market-driven policies that help increase housing supply and promote affordability. (Julie Strupp, Multifamily Dive)
- Investors in the single-family housing market are increasingly concerned about interest rates, rising insurance and home costs, and the ongoing war with Iran. (Diana Olick, CNBC)
- A legal battle is brewing over new federal rules related to accounts that hold money to pay homeownersâ property taxes and insurance payments. (Sarah Agostino, CNBC)
Read the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
Insured General Contractor Prevails on Motion for Summary Judgment to Establish Builderâs Risk Coverage
July 06, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe general contractorâs motion for partial summary judgment successfully established that damage to footings in place before the policy period was covered after the collapse of a building. Big D Builders, Inc. v. Am Zurich Ins. Co., 2026 U.S. Dist. LEXIS 72012 (D. Idaho March 31, 2026).
Big D was the general contractor for building a new airplane hangar by erecting a 38,000 square foot structure. Before Big D began construction, the site of the hangar did not contain any pre-existing structures or buildings. Before completion of the hangar, it collapsed and caused extensive property damage.
The builderâs risk policy issued by Zurich covered certain aspects of the construction project for the policy period December 28, 2023, to December 28, 2024. Zurich accepted coverage for most of the damage but not for damage to footings and columns installed prior to the start date of the policy.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Conditional Payment Bond Consideration-Make Sure There Is Pay-If-Paid Provision
June 29, 2026 —
David Adelstein - Florida Construction Legal UpdatesIf a general contractor is going to have a conditional payment bond, it needs to ensure it subcontracts contain pay-if-paid or pay-when-paid provisions. This conditional payment language in subcontracts is the general contractorâs defense that it doesnât have to pay a subcontractor UNTIL owner has paid the general contractor for the subcontractorâs work.
The general contractor (and the surety) can look at the conditional payment bond with the s. 713.245 legend stamped on its face designating the conditional nature of the bond, and assume the conditional structure is locked in against the bond: no payment from the owner, no obligation to the subcontractors under the bond. But what happens when the subcontracts contain no express conditional payment language despite having a valid conditional payment bond?
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Executive Insights 2026: Leaders in Construction Law
October 06, 2026 —
Construction ExecutiveWhat advice would you give contractors regarding documentation and recordkeeping to better protect themselves during disputes?
Jim Archibald
Partner
Bradley Arant Boult Cummings LLP
Disputes over payment, scope and delays are among the biggest risks contractors face. Thorough documentation doesnât just help win these disputes; it may prevent them from happening at all.
Start with the contract: Every project should begin with a written agreement that clearly defines scope, schedule, payment terms and change-order procedures. Verbal understandings are difficult to enforce.
Track changes in real time: Change orders, change directives, RFIs and scope clarifications should always be documented in writing.
Reprinted courtesy of
Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...
Ball Janik LLP Strengthens Miami Construction Defect Team with Litigator Nicolas Aixala
October 26, 2026 —
Ball Janik LLPMIAMI, FL, October 22, 2026 â
Ball Janik LLP has added Nicolas Aixala to its Construction Defect Practice Group as an associate in the firm's Miami office. Aixala brings experience in construction and civil litigation, along with a perspective many litigators don't have: a view from the public side of development, gained researching land use and zoning matters for the City of Miami.
"Construction disputes in South Florida rarely stay inside the four walls of a building. Zoning, permitting, and local regulation are often part of the story," said James C. Prichard, Managing Partner of Ball Janik LLP. "Ni
After Restoring Power in North Carolina, Contractor Faces Many ClaimsUnlocking the Hidden Power of Zoning, for Good or BadDenverâs Mayor Addresses Housing and Modifying Construction Defect LawU.K. to Set Out Plan for Fire-Risk Apartment Cladding CrisisStair Collapse Points to Need for Structural InspectionsResidential Construction Rise Expected to ContinueCourt Retained Jurisdiction to Enforce Settlement Under Code of Civil Procedure Section 664.6 Despite Dismissal of ComplaintFederal Court Finds Occurrence for Faulty Workmanship Under Virginia LawMaterialmenâs Lien Against Condominium Name the Proper PartiesNew York Court Temporarily Enjoins UCC Foreclosure SaleRemodel Leads to Construction Defect LawsuitTips for Contractors Who Want to Help Rebuild After the California Wildfires Hurricane Warning: Florida and Southeastern US Companies â It is Time to Activate Your Hurricane Preparedness Plan and Review Key Insurance DeadlinesFloating Crane on Job in NYC's East River Has a Storied Past of Cold War IntrigueSnell & Wilmer Receives Multiple National and Regional Top Tier Rankings in 2026 âBest Law FirmsÂŽ Rankingsâ by Best LawyersÂŽ Texas Granted Primacy Over Class VI Carbon Storage WellsCSLB Reminds California Public Works Contractors to Renew Their Public Works RegistrationEnglish v. RKK- There is Even More to the StoryHail Damage Requires Replacement of Even Undamaged SidingDespite Feds' Raised Bar, 2.8B Massachusetts Offshore Wind Project Presses OnLiquidated Damages Clause Not EnforcedConversations with My Younger Self: 5 Things I Wish I Knew ThenTV Kitchen Remodelers Sued for Shoddy WorkSummary Judgment in Construction Defect Case Cannot Be Overturned While Facts Are Still in Contention in Related CasesTaylor Morrison Home Corpâ New San Jose DevelopmentFort Lauderdale Team Secures Defense Verdict for Client in Premises Liability LawsuitAnatomy of a Construction Dispute- A Wrap UpContractor Covered for Voluntary Remediation Efforts in Completed HomesAFL-CIO Joins in $10 Billion Infrastructure PlanTort Claims Against an Alter Ego May Be Considered an Action âOn a Contractâ for the Purposes of an Attorneysâ Fees Award under California Civil Code section 1717Oracle Sues Procore, Claims Theft of Trade Secrets for ERP IntegrationBOO! Running From Chainsaw Wielding Actor then Falling is an Inherent Risk of a Haunted AttractionThere is No Claims File Privilege in Florida, Despite What Insurers Want You to ThinkWhite House Explores Opening Antitrust Probe on HomebuildersSEC Climate Change Disclosure Letter Foreshadows Anticipated Regulatory ChangesBuilders Beware: Smart Homes Under Attack by âHide âN Seekâ BotnetHaight has been named by Best Law FirmsÂŽ as a Tier 1, 2 and 3 National Firm in Three Practice Areas in 2024Is it the End of the Lease-Leaseback Shootouts? Maybe.Equities Favor Subrogating Insurer Over Subcontractor That Performed Defective WorkMountain States Super Lawyers Recognizes 19 Nevada Snell & Wilmer Attorneys in 2025 RankingsReaffirming the Importance of Appeal Deadlines Under the Contract Disputes ActTrump Soho May Abandon Condos to Operate Mainly as HotelColorado Chamber of Commerce CEO Calls for Change to Condo Defect LawSubrogation Waiver Unconscionable in Residential Fuel Delivery ContractA General Contractorâs Guide to Additional Insured CoverageWilke Fleury Attorneys Highlighted | 2019 Northern California Super LawyersHome Prices in 20 U.S. Cities Rise Most Since February 2006Athletic Trainers Help Workers Get Back to the Jobsite and Stay Healthy After InjuryHow to Make the Construction Dispute Resolution Process More Efficient and Less ExpensiveFederal Court Reaffirms Arbitratorsâ Role in Consolidation of Separate ArbitrationsTaking Advantage of New Tax Credits and Prevailing Wage Bonuses Under the Inflation Reduction Act for Clean Energy Construction ProjectsMeasure Of Damages for Breach of Construction ContractDelaware State Court Holds that Defective Workmanship Claims do not Trigger Coverage by a Builderâs Commercial General Liability PolicyThese Pioneers Are Already Living the Green RecoveryInsurance for Large Construction Equipment Such as a CraneConstruction Law Alert: Unlicensed Contractors On Federal Projects Entitled To Payment Under The Miller ActNinth Circuit Clears the Way for Review of Oregon District Courtâs Rulings in Controversial Climate Change CaseConstruction Contract Language and Insurance Coverage Must Be ConsistentAB5 Construction Exemption - A Checklist to Avoid Application of AB5's Three-Part TestSeventh Circuit Remands âWaters of the United Statesâ Case to Corps of Engineers to Determine Whether there is a âSignificant NexusâCalifornia Court of Appeal Finds Alleged Inadequate Defense by Insurer-Appointed Defense Counsel Does Not Trigger a Right to Independent CounselIt's a Wrap! Enforcing Online Agreements in Light of the CPRALatin Americaâs Biggest Corporate Crime Gets a Worthy EpicHilti Partners with Canvas, a Construction Robotics CompanyHow Contractors Can Prevent Fraud in Their WorkforceReal Estate & Construction News Round-Up (10/05/22) â Hurricane Ian, the Inflation Reduction Act, and European Real EstateConstruction Employers Beware: New, Easier Union Representation ProcessIndiana Federal Court Holds No Coverage for $50M Default Judgment for Lack of Timely Notice of Class ActionIncreasing Use of Construction Job CamerasProduct Liability Alert: Evidence of Apportionment of Fault Admissible in Strict Products Liability ActionProposed Changes to Federal Lease Accounting StandardsNew Highway for Olympics Cuts off Village near Sochi, RussiaConstruction Attorneys Get an AI Assist in Document CrunchNew ConsensusDocs 242 Design Professional Change Order Form Helps Facilitate Compensation for Changes in Design ServicesGeorgia House Bill Addresses Construction Statute of ReposeInsurer Could Not Rely on Extrinsic Evidence to Circumvent Its Duty to Defend