Late Notice Bars Insured’s Claim for Water Leak Damage
August 11, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe federal district court granted the insurer’s motion for summary judgment dismissing the insured’s claim due to late notice. Global Approach, Inc. v. Scottsdale Ins. Co., 2026 U.S. Dist. LEXIS 120183 (S. D. Fla. June 1, 2026).
Global suffered water damage on September 3, 2021, which originated in the bathroom of one of its rental properties. Global reported the claim to its insurer, Scottsdale, on October 19, 2021. Prior to reporting the claim, Global hired a handyman to inspect the property and then demolished the damaged area and repaired the bathroom.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Supreme Court Strikes Down IEEPA Tariffs: The Refund Process Will Be Messy
March 10, 2026 —
Brett W. Johnson, Derek Flint, T. Troy Galan & Thomas Williams - Snell & WilmerOn February 20, 2026, the U.S. Supreme Court held in Learning Resources, Inc. v. Trump, and the consolidated case Trump v. V.O.S. Selections, Inc., that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs unilaterally.1 The decision invalidates both the “reciprocal” tariffs and the drug-trafficking tariffs imposed under IEEPA.
For importers, the immediate question is whether, how, and when refunds can actually be obtained. On that issue, the U.S. Supreme Court provided no roadmap. To the contrary, the dissent warned that the United States “may be required to refund billions of dollars,” that the process is likely to be a “mess,” and that the majority opinion “says nothing today about whether, and if so how, the Government should go about returning the billions of dollars that it has collected from importers.”
Reprinted courtesy of
Brett W. Johnson, Snell & Wilmer,
Derek Flint, Snell & Wilmer,
T. Troy Galan, Snell & Wilmer and
Thomas Williams, Snell & Wilmer
Mr. Johnson may be contacted at bwjohnson@swlaw.com
Mr. Flint may be contacted at dflint@swlaw.com
Mr. Galan may be contacted at tgalan@swlaw.com
Mr. Williams may be contacted at twilliams@swlaw.com>
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Celebrating Freedom: The Overlooked Freedom to Contract in Commercial Insurance
July 20, 2026 —
Michael S. Levine & Andrea DeField - Hunton Insurance Recovery BlogHappy 4th and 250 years of freedom . . . to contract!
Many policyholders assume insurance policies are “standard” and must be accepted as-is. That assumption is often wrong—and dangerously limiting. Unlike many consumer insurance markets, the commercial insurance realm preserves a robust “freedom to contract,” allowing sophisticated policyholders to negotiate terms, exclusions, definitions, and limits before a policy is even issued. Particularly in recent years, high-profile disputes over cyber coverage, business interruption, and war/cyber exclusions have shown not just what happens when coverage is denied, but what could have been done up front to avoid those fights.
This post highlights the power policyholders still hold in the negotiation process and illustrates, with concrete examples from recent media-covered disputes, how that freedom can be strategically used.
Reprinted courtesy of
Michael S. Levine, Hunton Andrews Kurth LLP and
Andrea DeField, Hunton Andrews Kurth LLP
Mr. Levine may be contacted at mlevine@hunton.com
Ms. DeField may be contacted at adefield@hunton.com
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Standing When It Comes to Real Property Owned by a Trust
February 23, 2026 —
David Adelstein - Florida Construction Legal UpdatesIt is not uncommon for property to be owned in the name of the trust as part of an estate planning agenda. In construction, improvements are made all the time to real property owned in the name of a trust or later transferred to a trust for estate planning purposes.
In a recent case, the question became that if the property is owned by the trust does only the trust have standing to file the lawsuit. In this case, homeowners, in their individual capacities, sued a flooring contractor for defective work; however, prior to the lawsuit, the homeowners deeded the home (which would include the flooring in the home) to a revocable trust. The plaintiffs, though, were the trustees of the revocable trust and the settlors of the trust.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Las Vegas Partner Jeffrey Saab and Team Leader D. Ryan Efros Secure a $0.00 Settlement on a Multimillion-Dollar Construction Defect Case!
April 14, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPPartner
Jeffrey Saab and Team Leader
D. Ryan Efros’ client was a construction supervisor on a palatial mansion. The homeowners claimed millions of dollars in damages and asserted the client was a general contractor (GC) and so responsible for the alleged defects. Jeff and Ryan took more than 15 depositions, reinforcing their trial strategy theme: that the client was not a GC, but Plaintiffs were. They secured significant concessions from Plaintiffs, pressed Plaintiffs’ own negligent construction choices, and made the risk of trying the case intolerable. On the eve of trial, Plaintiffs backed down, settling out Jeff and Ryan’s client for $0.00.
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Dolores Montoya, Bremer Whyte Brown & O'Meara LLP
Kahana Feld Announces Key Partner Additions Coast to Coast
June 22, 2026 —
Kahana FeldIRVINE, CA – June 10, 2026 – Kahana Feld is pleased to announce
Yvette Davis,
Evan Kalooky,
Beth Obra-White,
Sean Paden,
Michael Parme,
Jeffrey Schmid, and
Julieanne Yanez have joined the firm as partners. Four of these partners are joining the San Diego office, which further strengthens the firm’s General Liability and Construction Litigation practices and enhances Kahana Feld’s ability to serve clients across a broad range of complex matters in the region.
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Kahana Feld
White and Williams LLP Ranked in the Chambers USA 2026 Guide
June 15, 2026 —
White and Williams LLPWhite and Williams LLP is proud to celebrate the Chambers USA 2026 Guide which has ranked several of the Firm's attorneys and practice groups, underscoring the Firm's overall commitment to providing client service excellence.
The Chambers USA 2026 Guide recognized attorneys Tim Davis, Managing Partner, and Nancy Frantz, Chair of the Real Estate Group, for Real Estate: Finance in the state of Pennsylvania. Randy Maniloff, Partner, Patricia Santelle, Chair Emeritus/Former Managing Partner, and Robert Walsh, Partner were ranked for Insurance in Pennsylvania, and Thomas Pinney, Partner, was ranked in Pennsylvania for Bankruptcy/Restructuring. In the state of Maryland, Partners David Gilliss and Eric Korphage were recognized for their work in Construction.
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White and Williams LLP
PSA: Be Sure to Document (Even When Time is Short)
April 14, 2026 —
Christopher G. Hill - Construction Law MusingsWritten
change orders are a big deal. Almost all construction contracts (at least
the well drafted ones) require written contracts. Written change orders are even important enough that Virginia law
requires these provisions in residential construction contracts.
Why are they so important? Because they are a “mini-contract” of sorts. They
set the expectations, price, time, and work to be performed; work that was not included in the original price or scope for the project. Without this in writing, there will be no record of what the parties agreed to do. Does this sound familiar? Sound like its own contract? It should.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.comVoluntary Payments Affirmative Defense Does Not Apply in Contract Cases
Home Numbers Remain Small While Homes Get Bigger
Construction Litigation Roundup: “Stop - In the Name of the Law!”
At Least 23 Dead as Tornadoes, Severe Storms Ravage South
You Need to be a Contractor for Workers’ Compensation Immunity to Apply
Seattle Developer Defaults on Renovated Office Buildings
Industry Practices Questioned After Girder Fractures at Salesforce Transit Center
California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien
Changes to Judicial Selection in Mexico Create a New Case for Contractual ADR Provisions
Next Steps for Policyholders in the Aftermath of the California Wildfires
Public Policy Prevails: Homebuilders and Homebuyers Cannot Agree to Disclaim Implied Warranty of Habitability in Arizona
The Court-Side Seat: FERC Reviews, Panda Power Plaints and Sovereign Immunity
Green Energy Can Complicate Real Estate Foreclosures
Working Safely With Silica: Health Hazards and OSHA Compliance
Macron Visits Notre Dame 2 Years After Devastating Fire
EEOC Issues Anti-Harassment Guidance To Construction-Industry Employers
Insurers' Motion for Summary Judgment on Collapse Claim Granted in Part, Denied in Part
Arizona Court Affirms Homeowners’ Association’s Right to Sue Over Construction Defects
New Case Law Alert: Licensed General Contractors Cannot Sue Owners to Recover Funds for Work Performed by An Unlicensed Subcontractor
Renters Trading Size for Frills Fuel U.S. Apartment Boom
Washington State Updates the Contractor Registration Statute
"Over? Did You Say 'Over'?" Determining the Preclusive Effect of an Earlier Arbitration Award
What to Expect From the New Self-Retracting Devices Standard
Predicting the Future of Texas’s Grid Is a Texas-Sized Challenge
Newmeyer Dillion Partner Louis "Dutch" Schotemeyer Named One of Orange County's 500 Most Influential by Orange County Business Journal
Henkels & McCoy Pays $1M in Federal Overtime-Pay Case
Wheaton to Require Sprinklers in New Homes
Charles Carter v. Pulte Home Corporation
Partner John Toohey is Nominated for West Coast Casualty’s Jerrold S. Oliver Award of Excellence!
Construction Defect Disputes: Know Your Measure of Damages!!!!!
Keep an Eye Out on What Your Insurance Policy and Contract Says
Texas Court Requires Insurer to Defend GC Despite Breach of Contract Exclusion
Connecticut Reverses Course for Construction Managers on School Projects
Rhode Island District Court Dismisses Plaintiff’s Case for Spoliation Due to Potential Unfair Prejudice to Defendant
California Appellate Court Confirms: Additional Insureds Are First-Class Citizens
Feds Used Wire to Crack Las Vegas HOA Scam
Construction Upturn in Silicon Valley
Illinois Supreme Court Announces Time Standards for Closing Out Cases
Colorado Senate Revives Construction Defects Reform Bill
Caltrans to Speak before California Senate regarding Bay Bridge Expansion
Tariffs As Taxes — What Learning Resources, Inc. v. Trump Means for Contractors and the WSDOT Specifications
City Sues over Leaking Sewer System
Pass-Through Subcontractor Claims, Liquidating Agreements, and Avoiding a Two-Front War
Big Waves and High Tides Can Be Just as Insidious as Hurricanes
Health Care Construction Requires Compassion, Attention to Detail and Flexibility
Differing Site Conditions: What to Expect from the Court When You Encounter the Unexpected
No Ink, No Problem: When Employees and Agents Can Enforce Arbitration Agreements
Homebuilders Opposed to Potential Change to Interest on Construction Defect Expenses
New WA Law Caps Retainage on Private Projects at 5%
Future Army Corps Rulings on Streams and Wetlands: Changes and Delays Ahead
