Real Estate & Construction News Roundup (4/1/26) – President Trump’s EO Affects Federal Funding, Fannie Mae Accepts Crypto-Backed Mortgages, Private Sector Construction Weakness Offsets Public Sector Gains
April 08, 2026 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, California to pursue office-to-housing conversions, hoteliers to increase investment in artificial intelligence, private credit exodus to boost commercial real estate capital, and more!
- President Donald Trump’s executive order to remove regulatory barriers to affordable home construction could affect federal funding for cities and states that don’t follow what the order calls “regulatory best practices,” including faster permitting, fewer green building mandates and relaxed limits on exurban development. (Robyn Griggs Lawrence, Multifamily Dive)
- California state policymakers have been pursuing policy changes that remove barriers to converting older commercial buildings into housing. (Keith Loria, Construction Dive)
- Private sector weakness largely offset modest gains in public construction spending, despite data center gains. (Sebastian Obando, Construction Dive)
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Pillsbury's Construction & Real Estate Law Team
Research Illuminates Pollution Problem in Tijuana River Valley
June 29, 2026 —
Jeff Yoders - Engineering News-RecordThe Tijuana River watershed between southern California and northern Mexico has been the epicenter of an environmental and public health crisis for more than two decades. Since October 2023 alone, more than 31 billion gallons of raw sewage and polluted water have flowed into the U.S. and, eventually, the Pacific Ocean.
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Jeff Yoders, Engineering News-RecordMr. Yoders may be contacted at
yodersj@enr.com
For Urban Walkers, a Patchy Dilemma: Who Owns the Sidewalk?
July 06, 2026 —
Linda Poon – BloombergIn 2007, New York City’s sanitation department
threatened Natalie Shea with a $300 fine for defacing public property with graffiti. Her crime: drawing a blue flower in front of her family’s Park Slope home with sidewalk chalk. She was six years old.
The incident, which made
local and
national news at the time, captures the fraught role that sidewalks often play in US cities. These patches of pavement do more than carry pedestrians to their destinations: They’re also places for commerce, social interaction and childhood play, from chalking to learning how to ride a bike. Urbanist Jane Jacobs once likened the range of activities that city sidewalks attract to an “intricate ballet.”
In the new book
Sidewalk Nation: The Life and Law of America’s Most Overlooked Resource (Harvard University Press), author Michael Pollack explores the “tangled web of state and local regulation” that governs sidewalks, with cities often passing along responsibilities for tasks like clearing snow and keeping walkways safe. He paints a portrait of the American sidewalk a disorderly and often neglected network, filled with literal and metaphorical cracks that give rise to all sorts of conflict, from mundane clashes over maintenance to more consequential fights over accessibility and inequality.
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Linda Poon, Bloomberg
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 the nonprofit organization with a demonstrated history of providing affordable housing to develop a residential development on the property; (iv) a school district; (v) a state college or university; (vi) a housing authority; or (vii) a local or regional transit district or a regional transportation authority serving one or more counties.
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Amanda E. McKinlay, Snell & WilmerMs. McKinlay may be contacted at
amckinlay@swlaw.com
Suit Limitation Provision Eliminates Wind Loss Claim
July 27, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe insurer’s motion for judgment on the pleadings was granted after the insured failed to file suit against the insurer within the policy’s two-year suit limitation provision. Interstate Investments, LLC v. Mt. Hawley Ins Co., 2026 U.S. Dist. LEXIS 98108 (S.D. N. Y. May 4, 2026).
On or before June 27, 2023, a wind, hail and rainstorm damaged Interstate’s property in Oklahoma. Interstate filed a claim under its policy with Mt. Hawley. The policy provided that New York law applied and contained a two- year suit limitation provision.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Modular Construction’s Hidden Risk: Where Things Go Wrong Between the Factory and the Field
June 15, 2026 —
Jack Mayo - ConsensusDocsIntroduction
As modular and prefabricated construction methods are increasingly adopted, so too are the potential challenges that come with them. The appeal is straightforward: faster timelines, controlled fabrication environments, and reduced on-site labor demands. But the risks that accompany these benefits are often less clear—and, in many cases, poorly defined.
For example, what happens when a prefabricated component is delayed past its installation window? Who is responsible for a defect discovered inside a sealed, installed module? What happens to warranty obligations when a prefabricated component must be modified on site?
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Jack Mayo, Jones Walker LLPMr. Mayo may be contacted at
jmayo@joneswalker.com
Traub Lieberman Wins Affirmation of Judgment on Pleadings Before the Seventh Circuit
August 16, 2026 —
Dana A. Rice & Adam P. Joffe - Traub LiebermanTraub Lieberman Partners Dana Rice and Adam Joffe obtained affirmation of judgment from the Seventh Circuit Court of Appeals in favor of an Insurance Company. The Insurance Company filed suit seeking a declaration that it had no duty to defend or indemnify its Insured, a Roofing Contractor, in an underlying lawsuit. The Insurance Company issued a commercial general liability policy with a one-year policy term. The policy included an exclusion that barred coverage for any losses arising out of work the insured completed before the date the policy incepted.
Reprinted courtesy of
Dana A. Rice, Traub Lieberman and
Adam P. Joffe, Traub Lieberman
Mr. Rice may be contacted at drice@tlsslaw.com
Mr. Joffe may be contacted at ajoffe@tlsslaw.com
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Pursuing Claims for Loss Caused by Recent Kona Low Storms for Homeowners and Businesses
May 12, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe recent Kona Low storms that hit all islands were devastating, causing significant property damage. Homeowners and businesses will be seeking coverage under their insurance policies to recover for their losses. Here is a brief look at what may be covered and which exclusions may be troublesome in homeowners’ and commercial property policies.
Typically, both a homeowners’ policy and a commercial property policy include a grant of coverage for “direct physical loss of or damage to Covered Property.” Covered perils are listed, including such events as fire, lightning, or windstorm. Covered Property includes dwellings, other structures on the property and personal property. Additional coverages are usually provided. This includes debris removal after a peril insured against or collapse of a structure. In a homeowners’ policy, additional living expenses are likely covered when the damaged home is not fit to live in.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com