Old Storm, New Claim: A Fifth Circuit Notice Reminder
November 02, 2026 —
Koorosh Talieh & Torrye Zullo - Hunton Insurance Recovery BlogIn a recent decision, the US Court of Appeals for the Fifth Circuit affirmed summary judgment for a commercial property insurer in a dispute involving the timing of notice for a hail damage claim. In
Gann v. Depositors Insurance Co., No. 25-11291 (5th Cir. Oct. 5, 2026), the policyholder reported a claim after discovering interior water damage in 2022, but its consultant later attributed all of the claimed roof damage to a hailstorm that occurred in 2018. The court concluded that the delay in identifying and reporting the 2018 loss was unreasonable and prejudiced the insurer’s ability to investigate the circumstances of the loss in a timely manner. The decision is an important reminder for policyholders of the need for timely notice under property insurance policies. Such issues can arise, as they did in Gann, even where damage is not immediately apparent, its cause is not initially known, or the cause of loss may implicate a different policy period than the one under which the claim was first made.
The Dispute
The dispute arose from hail damage to the roof of a commercial property in Irving, Texas. After discovering interior water damage, the policyholder reported a claim to the insurer in September 2022, specifying August 9, 2022, as the date of loss. The insurer inspected the property and determined that a portion of the roof had sustained hail-related damage and issued payment.
Reprinted courtesy of
Koorosh Talieh, Hunton Andrews Kurth LLP and
Torrye Zullo, Hunton Andrews Kurth LLP
Mr. Talieh may be contacted at ktalieh@hunton.com
Ms. Zullo may be contacted at tzullo@hunton.com
Read the full story...
OC Streetcar Project Mediation Sets $50M Payment to Walsh
July 20, 2026 —
Richard Korman - Engineering News-RecordWalsh Construction told a California state court judge last month that lawsuit mediation of its claims on an Orange County light-rail project—known as OC Streetcar—had produced a settlement of some claims under which the county agreed to pay the contractor almost an additional $50 million.
Read the full story...Reprinted courtesy of
Richard Korman, Engineering News-RecordMr. Korman may be contacted at
kormanr@enr.com
Delay Matters: Florida’s Fourth DCA Reverses Hurricane Irma Dismissal
June 08, 2026 —
Andrea DeField, Machaella Reisman & Cary D. Steklof - Hunton Insurance Recovery BlogThe mantra “delay, deny, defend” is frequently referenced in discussions of insurance claims handling, though insurers will invariably disavow these tactics. While it would be facially improper for an insurer to delay a coverage decision to gain a tactical advantage, empirical examples nonetheless exist. This very dynamic was addressed by Florida’s Fourth District Court of Appeals when it handed policyholders a win in
Hypoluxo Mariner’s Cay Condo. Assoc’n, Inc. v. Underwriters at Lloyd’s London, No. 4D2024‑2250 (Fla. 4th DCA Apr. 1, 2026), reversing a trial court order dismissing a condominium association’s Hurricane Irma coverage lawsuit against its property insurer.
Delay to Run the Statute of Limitations
Following Hurricane Irma, a condominium association suffered roof and exterior envelope damage, reported an insurance claim, and submitted a sworn proof of loss to its property insurer in compliance with Florida Statute § 627.70132 (2020). The statute establishes a timeframe within which a policyholder must submit a claim for hurricane damage.
Reprinted courtesy of
Andrea DeField, Hunton Andrews Kurth LLP,
Machaella Reisman, Hunton Andrews Kurth LLP and
Cary D. Steklof, Hunton Andrews Kurth LLP
Ms. DeField may be contacted at adefield@hunton.com
Ms. Reisman may be contacted at reismanm@hunton.com
Mr. Steklof may be contacted at csteklof@hunton.com
Read the full story...
The “Pay When Paid” Clause in California Construction—Strategies as the Battle Continues
August 03, 2026 —
William L. Porter - Porter Law GroupIt is well known in California Construction circles that the “Pay If Paid” clause is illegal in this state. There is a great distinction, though, between this clause and a similar clause, known as a “Pay When Paid” clause. A pay if paid clause allows a contractor to tell a subcontractor that if the contractor is unpaid for the subcontractor’s work, then the contractor has no legal obligation to pay the subcontractor, ever. For a great variety of reasons, the California Supreme Court, in the case of Wm. R. Clarke Corp v. Safeco Ins. Co. of America (1997) 15 Cal.4th 882, declared this type of clause illegal in California Construction.
Although the pay if paid clause is illegal in California, the pay when paid clause is still perfectly legal and is found in many subcontracts that contractors issue to their subcontractors. The pay when paid clause allows a contractor to delay paying its subcontractors until the dispute between the contractor and the property owner over payment has been resolved and the contractor is paid by the property owner. Although seemingly reasonable (since it merely delays payment until the contractor is paid by the owner, thereby providing a funding source to pay subcontractors), significant problems still arise.
Read the full story...Reprinted courtesy of
William L. Porter, Porter Law GroupMr. Porter may be contacted at
bporter@porterlaw.com
Special Counsel Lorelie (Lorie) Masters Appointed Chair of the ABA’s Commission on Women in the Profession
October 06, 2026 —
Hunton Andrews Kurth LLPSpecial counsel Lorelie (Lorie) Masters was recently appointed as the chair of the American Bar Association’s Commission on Women in the Profession. Established in 1987, the Commission was created to assess the status of women in the legal sector and remove barriers to their professional advancement. As chair, Lorie will lead a 12-member roster of commissioners, and a panel of special advisers, dedicated to ensuring equal participation and systemic equity for women lawyers across the justice system and pursuing various studies to identify issues uniquely facing women in the profession, including disparate treatment, training and recruitment, parenting, and other issues. Most recently, the Commission in late July 2026 issued a groundbreaking study about issues affecting the mental health and well-being of women lawyers.
Read the full story...Reprinted courtesy of
Hunton Andrews Kurth LLP
Construction Robotics Works Where Variation Ends
August 11, 2026 —
Aarni Heiskanen - AEC BusinessBuiltWorlds published its
2026 Robotics Top 50 this summer, and the list is genuinely wide. Fifty solutions across nine categories, from 3D printing and prefabricated component manufacturing to earthmoving, demolition, material transport, layout, installation, inspection, and drilling. The honorees come from sixteen countries. It looks like robotics has finally spread across the whole project lifecycle.
However, having vendors in nine categories does not mean that contractors are robotizing their work en masse.
Zacua Ventures, in its
2026 construction robotics report, estimates that on-site robotics accounted for less than 0.03% of global construction spending in 2025. Zacua says: “That is not a failed market. It is a market at the beginning of an adoption S-curve”, while warning that its estimates rest on private vendor data and may be high if vendors overstate how widely their machines are deployed.
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Inaccurate Representations Can Lead to Differing Site Conditions Claim
May 26, 2026 —
David Adelstein - Florida Construction Legal UpdatesIn the
prior posting, I discussed a case dealing with a differing site condition. In that case, the owner did not have an affirmative duty to make a representation and there was no inaccurate representation made by the owner that misled the contractor.
Well, what about when there is an inaccurate misrepresentation regarding the site? This was the circumstance in an older Florida case where a dredging contractor had a successful differing site conditions claim. See Jacksonville Port Authority v. Parkhill-Goodloe, Co., Inc., 362 So.2d 1009 (Fla. 1st DCA 1978).
The government provided inaccurate information as to the lack of rock that would be encountered during the dredging that was relied on by the dredging contractor. But the government had “
superior knowledge” that there was rock in an adjacent location based on a prior claim from a contractor, yet the government did not disclose the possibility that rock could be encountered.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
New York Enacts First-in-the-Nation Statewide Data Center Moratorium
August 03, 2026 —
Joshua L. Sturtevant - SheppardAs of May 2026, nearly 12 gigawatts of data center load requests were in the New York Independent System Operator interconnection queue, with more than two-thirds of capacity requests entering the queue in 2025 alone. On July 14, 2026, in response to concerns over this rapid growth, Governor Kathy Hochul issued Executive Order No. 62 (the “Order”) imposing a temporary moratorium on data centers in New York State. Among the concerns cited in the Order are the cost burden on ratepayers associated with transmission upgrades required to accommodate large loads, potential environmental impacts, and large-scale water use.
The moratorium is intended to halt activities while the state government develops a comprehensive legal framework for data center development. While dozens of municipal and county-level moratoriums are in place throughout the U.S., and while the legislatures of several states, including Maine, have proposed moratoriums, the Order is the first statewide moratorium to be enacted nationally.
No Coverage For Damage Caused by Chinese DrywallNew Jersey Traffic Circle to be Eliminated after 12 Years of DiscussionCOVID-19 Business Closure and Continuity Compliance ResourceCalifornia Supreme Court Finds that the Notice-Prejudice Rule Applicable to Insurance is a Fundamental Public Policy of the StateWildfire Threats Make Utilities Uninsurable in US WestEngineers Propose 'River' Alternative to Border WallApplication of Set-Off When a Defendant Settles in Multiparty Construction DisputeBoston Catwalk Collapse Injures Three Workers“Five for Five”: Newark Trial Team Achieves Another Favorable Result in Fifth 2025 Case to Proceed to Jury SelectionWe Knew Concrete Could Absorb Carbon—New Study Tells How MuchA Third of U.S. Homebuyers Are Bidding Sight UnseenToll Plans to Boost New York Sales With Pricing, IncentivesContract Change # 10: Differing Site Conditions (law note)Construction Contracts and The Uniform Commercial Code: When Does it Apply and Understanding the Pre-Dominant Factor TestMiorelli Doctrine’s Sovereign Immunity in Public Construction Contracts — Not the Be-All and End-AllInsurer Ordered to Participate in AppraisalClass Actions Under California’s Right to Repair Act. Nope. Well . . . Nope.Construction Defects Survey Results Show that Warranty Laws Should be Strengthened for Homeowners & Condominium AssociationsOne Nation, Under RenovationChanges to Pennsylvania Mechanic’s Lien CodeReal Estate & Construction News Roundup (06/28/23) – Combating Homelessness, U.S. Public Transportation Costs and the Future of Commercial Real EstateUS Appeals Court Halts OSHA Vaccine Mandate, Unclear How LongThe NAR asks FAA to Amend their Drone Rules for Real Estate UseMental Health and Wellbeing in Construction: Impacts to Jobsite SafetySpeak Now or Forever Sign That Release – Part 1Business Risk Exclusions Bar Coverage for Construction Defect ClaimsSafe Harbors- not just for Sailors anymore (or, why advance planning can prevent claims of defective plans & specs) (law note)Properly Trigger the Performance BondCelebrating BWB&O’s 28 Years of Service!A Lack of Sophistication With the Construction Contract Can Play Out In an Ugly DisputeWhat Should Be in Every Construction AgreementModified Plan Unveiled for Chicago's Sixth-Tallest TowerHousing Isn’t Expensive for EveryoneAnatomy of a Data CenterBWB&O’s Los Angeles Partner Eileen Gaisford and Associate Kelsey Kohnen Win a Motion for Terminating Sanctions!Bailout for an Improperly Drafted Indemnification ProvisionBronx Public Housing Tower Partially CollapsesNew York Court Finds No Coverage Owed for Asbestos Losses Because Insured Failed to Prove Material TermsThe Golden State Commits to Going Green – Why Contractors Will be in High Demand to Build the State’s InfrastructureReal Estate & Construction News Round-Up (03/01/23) – Mass Timber, IIJA Funding, and Distressed Real EstateBackground Owner of Property Cannot Be Compelled to Arbitrate Construction DefectsNo Coverage for Collapse of BuildingNew York Restaurant and Bar Fire Caused by Electric DefectWhite and Williams Selected in the 2024 Best Law Firms ranked by Best Lawyers®Quick Note: Be Careful with Pay if Paid Clauses (Both Subcontractors and General Contractors)Five Pointers for Enforcing a Non-Compete Agreement in TexasCelebrating 29 Years – Thank You for Your Continued Trust!No Coverage for Faulty Workmanship Causing Property Damage to Insured's Product OnlyAccount for the Imposition of Material Tariffs in your Construction ContractFirst Circuit Rejects Insurer’s “Insupportable” Duty-to-Cooperate Defense in Arson Coverage Suit587209980">
Overtime! – When the Statute of Limitations Isn’t Game Over For Your ClaimGRSM New York Founding Partner Mercedes Colwin Honored with 2025 Excellence in Diversity Award by PLUS Foundation
