Top Developments 2025 - Issue 4
December 22, 2025 —
John S. Anooshian, Paul A. Briganti, Elizabeth L. Ferguson, Alexandra M. George & Haley S. Newman - The Complex Insurance Coverage Reporter“ARISING OUT OF”
Rowe v. State Mut. Ins. Co., 2025 Me. LEXIS 89 (Me., Sept. 23, 2025)
Maine Supreme Court, in the premises liability context, holds that an exclusion in a mobile homeowners policy for injury or damage "arising out of a premises . . . that is not an insured location'” precluded coverage for underlying negligent failure-to-warn claims. The court looked to authority from a workers compensation case, where it stated that “the term ‘arising out of' employment means that there must be some causal connection between the conditions under which the employee worked and the injury, or that the injury, in some proximate way, had its origin, its source, or its cause in the employment. . . . [T]he employment need not be the sole or predominant causal factor for the injury and . . . the causative circumstance need not have been foreseen or expected.” In this case, it found there to be “an immediate relationship between the injury and a condition of the uninsured premises” (specifically, a gap created by the owner-insured at the entrance to a mobile home), and rejected the claimant’s argument that the injury instead arose from the insureds’ negligent conduct in failing to warn. Separately, the court held that the property did not qualify as an “insured location,” reasoning it was not listed in the declarations and there was no evidence the insureds had resided there or acquired it for use as a residence.
Reprinted courtesy of
John S. Anooshian, White and Williams LLP,
Paul A. Briganti, White and Williams LLP,
Elizabeth L. Ferguson, White and Williams LLP,
Alexandra M. George, White and Williams LLP and
Haley S. Newman, White and Williams LLP
Mr. Anooshian may be contacted at anooshianj@whiteandwilliams.com
Mr. Briganti may
The AVOID Act: A New Timeline for Liability in New York Construction Projects
February 23, 2026 —
Meghan Douris - The Construction SeytBy April 18, 2026, New York construction litigation will operate on a faster—and far less forgiving—timeline. The Avoiding Vexatious Overuse of Impleading to Delay (th
Colorado Legislature Considers Series of Bills Aimed at Boosting Affordable Housing Construction in Colorado — What Homebuilders Need to Know
April 08, 2026 —
Amanda E. McKinlay - Snell & WilmerOn January 21, 2026, lawmakers introduced a series of bills with the goals of addressing affordable housing issues and incentivizing construction in Colorado.
House Bill 26-1001 (known as the “Housing Opportunities Made Easier ‘HOME’ Act”) concerns the promotion for residential developments on “qualifying properties” that do not contain exempt parcels through the bypassing of often time-consuming local planning processes. Under HB26-1001, a “qualifying property is any real property that contains no more than five acres of land and is owned by: (i) a nonprofit organization with a demonstrated history of providing affordable housing; (ii) a nonprofit organization that provides public transit; (iii) a nonprofit organization that has entered into an agreement with another nonprofit organization with a demonstrated history of providing affordable housing, provided that the agreement requires t
Four Kahana Feld Attorneys Selected to 2026 Southern California Super Lawyers List
March 03, 2026 —
Kahana FeldIRVINE, CA – Feb. 20, 2026 – Kahana Feld is pleased to announce that partners
Jason Feld,
Amir Kahana,
Sharon Oh-Kubisch, and
Manuel Ugarte were selected to the 2026 Southern California Super Lawyers® list.
Jason Feld is a founding partner of Kahana Feld. He focuses his practice on the defense of homebuilders, contractors, developers, and real estate professionals
Washington Court of Appeals Narrows Arbitrator Authority in Construction Dispute
November 21, 2025 —
Joshua Lane - Ahlers Cressman & Sleight PLLCIn a recent opinion, Division III of the Washington Court of Appeals clarified arbitrator limits in Reecer Creek Excavating v. SRI-Rochlin Construction JV,
[1] holding that consequential damage waivers are enforceable, fee-shifting depends on who “substantially prevails,” and arbitration awards can be vacated only in narrow circumstances.
Reecer Creek Excavating (“Reecer”) was subcon
Homeowners Associations Must Prepare for Cold Season Maintenance and Repairs in Western Washington
November 21, 2025 —
Andre Egle - VF LawWashington experiences major winter storms in the Greater Puget Sound area approximately two or three times per winter. While this depends on whether the winter weather pattern is affected by either El Niño or the La Niña Pacific Ocean current, associations must prepare for storm impacts rather than scramble after a storm has hit. La Niña conditions are ongoing and are likely to persist into the winter of 2025-2026, though forecasts indicate it will remain weak. Here are some steps Homeowners Associations (HOA) can take to protect themselves.
What Proactive Steps Can a Washington HOA Take to Identify and Minimize Potential Construction or Maintenance Risks Before a Major Storm?
Knowing that the chances for heavier-than-usual rains are in the forecast, a local HOA should inspect roofs, gutters, building envelopes, and drainage systems to identify vulnerabilities to water intrusion inside the buildings or ice buildup on the outside. Trees, landscaping features, walkways, and retaining walls need to be checked for dangers like dead limbs, tripping hazards, or any signs of shifting structure. Mechanical and utility systems such as plumbing, HVAC, and exterior lighting must be inspected to ensure they have sufficient insulation, protection, and proper operation. Contractors must ensure that all active construction sites are properly secured. They should also have a plan in place to protect materials from storm damage and address any other hazardous conditions.
What Key Questions Should HOA Boards and HOA Property Managers Ask Potential Contractors to Ensure Good Workmanship and Accountability?
The following five core questions capture the essentials of a contractor’s quality, reliability, and accountability: (1) Are you licensed, bonded, insured (inquire into the policy types and the applicable limits), and able to provide references for similar HOA projects? (2) Who will manage the project on-site work (request that person’s CV or work history), and how will you communicate work progress, potential issues, and timelines to the HOA? (3) What materials, methods, and quality-control procedures will you use, and how will you protect the property while performing the work, particularly during the rainy and stormy season? (4) Can you provide a detailed, written scope of work and price estimate, and explain, in writing, your company procedures for handling change orders or unexpected conditions? (5) What warranties do you provide for labor and materials that you will be using, and how do you handle a warranty or “punch-list” issues after the job is complete?
What are Some Insurance Pitfalls HOAs Often Overlook - and How to Avoid Them?
Here are the most common insurance pitfalls that HOAs may overlook, along with proposed solutions for addressing them. Pitfall No.1: Outdated or generic repla
Turnover Traps for Community Associations: Investigate First, Release Claims Later
April 14, 2026 —
Nicholas B. Vargo - Ball Janik LLPTurnover of a community association from developer control to owner control is a uniquely vulnerable moment. Developers are increasingly presenting Florida condominium and homeowners’ associations with “standard” settlement or release agreements at turnover, often being framed as routine steps to finalize the transition of control. In reality, these agreements can have sweeping consequences, including the release of construction-defect claims before the association has conducted any meaningful independent evaluation.
The developer has years of project knowledge and access to plans, subcontractors, and internal records. The newly elected board is just beginning to organize, obtain documents, and understand the property’s condition. Many defects, especially those involving roofing, waterproofing, windows, or structural components, are latent and not yet visible. Signing a release at this stage means the association is making a binding decision under conditions of uncertainty, without full information, to release all future potential claims.
Over the last few years, there has been a rise in reports of developers offering a packaged deal: they agree to complete certain repairs, often minor punch-list or cosmetic items, and to “forgive” an alleged financial deficit (often around $50,000) supposedly owed by the association from the developer-control period. In exchange, the association is asked to sign a broad release covering all claims, including known and unknown construction defects. To a new HOA board that received their community with limited operating and reserve funds, they are left with a difficult decision to either accept the developer’s offer or assess their owners to pay this alleged debt.
These agreements are occasionally presented through community management companies, which may describe them as “standard” or "routine.” Whether due to misunderstanding or influence from the developer, management companies can unintentionally reinforce the idea that signing is expected. Any recommendation provided to HOAs about whether to sign these releases could open community management to liability down the road. The best practice for both associations and community managers is to refer any agreements to be reviewed by general counsel for the association.
The following two case studies illustrate the real-world consequences:
Case Study One: A newly transitioned board relies on its management company to negotiate with the developer-builder to resolve irrigation issues, pond concerns, and signage deficiencies, along with forgiving an asserted financial shortfall. In exchange, the board signs a broad release covering all claims, including latent defects.
Within a year, several punch-list items remain incomplete, and more serious issues arise. When the association demands completion, the developer delays, prompting the association to seek advice on how to enforce the settlement agreement. The association hires counsel to hold the developer responsible for both the previously agreed-upon items and newly identified construction defects. However, when the association brings claims against the developer, the developer points to the release of all potential construction defects in the community. Thus, the only remaining remedy is limited to enforcement of the specific punch-list terms. The community, still relatively new, has no viable claims against the developer-builder for the construction defects. With warranties expired and the release, the association must fund repairs through special assessments, despite defects that would otherwise have been actionable.
Case Study Two: A community is presented with a similar agreement as above. The management company encourages execution, suggesting it is standard and even telling the board to “name your price.” The developer also pressures the newly elected board to sign.
Instead of signing, the board consults with their attorney. Counsel advises the board not to sign the release and recommends further investigation. Engineers are retained and identify early indicators of broader issues, including stucco cracking, water intrusion, and irrigation deficiencies. Based on this information, the association declines to sign the release. Subsequent evaluation reveals potentially significant construction-defect claims, allowing the community to pursue recovery that would have been lost under the proposed agreement.
These scenarios underscore a fundamental point: signing a release at turnover is not an administrative formality—it is a major legal decision. Board members act in a
PSA: Getting the First Mechanic’s Lien on a Project is a Plus
January 26, 2026 —
Christopher G. Hill - Construction Law MusingsAs those that read this construction law blog are aware, I am a big fan of
mechanic’s liens as a way to get paid. These
powerful and tricky beasts are a great way to get an owner’s attention and to put payment pressure on those that owe you money.
Recently I was reminded that getting a lien prepared and recorded both carefully and quickly can be key to getting paid on a problem project. Not only should construction prof
Kahana Feld Secures Discontinuance with Prejudice in Fraudulent Case
January 06, 2026 —
Kahana FeldKahana Feld secured a victory for its client after uncovering evidence that the plaintiff’s alleged trip-and-fall claim was fraudulent. The plaintiff sought $8 million in damages and claimed serious spinal and knee injuries stemming from an incident outside a Bronx retail store.
Through strategic investigation and a crucial non-party deposition, our team established that the plaintiff’s identified eyewitness was out of the country at the time of the alleged accident—contradicting the plaintiff’s testimony and confirming the falsity of the claim.
Traub Lieberman Partner and Firm Co-Chair Lisa L. Shrewsberry Named Top 25: 2025 Westchester County Super Lawyers®January 13, 2026 — Traub Lieberman
Traub Lieberman is pleased to announce that Partner and Firm Co-Chair Lisa L. Shrewsberry has been named to the Top 25: 2025 Westchester County Super Lawyers Top List. This is the eighth year that Lisa has been on the Top 25 list for Westchester County Super Lawyers. Lisa has also been selected to the New York – Metro Super Lawyers list since 2008. Read the full story...
Reprinted courtesy of Traub Lieberman
Reckless Disregard is. . . Well. . .Reckless
December 30, 2025 — Christopher G. Hill - Construction Law Musings
Punitive damages are hard to come by in construction law cases. This is because almost all construction contract cases are exactly that: contract cases. Between the economic loss rule and the Virginia Courts’ almost (though not completely) impregnable wall between tort and contract, punitive damages may seem completely out of the picture. Depending on your perspective and position on the construction project food chain, this fact can be either frustrating or comforting.
However, like all seemingly immutable laws, this one has an exception according to the Chesapeake County, Virginia Circuit Court. In Sawyer v. C.L. Pincus Jr. & Co. et. al. this Virginia court was faced with the following scenario. The defendants, a church and its contractor, were sued by Sawyer over a construction swale that was built partly on Sawyer’s property. According to the plaintiff, the only permission they gave to their neighbors at the church was to allow the church to build a drainage berm that did not encroach on their property. As stated above, the church and its contractor built a swale that encroached on the Sawyers’ property. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com
