Utah’s Emerging Framework for Responsible Data Center Development
September 08, 2026 —
Denise A. Dragoo & Josh Miller - Snell & WilmerUtah is establishing itself as one of the nation’s most attractive jurisdictions for large-scale data center development, with a structured, defensible regulatory pathway that gives developers and investors the clarity needed to deploy capital at scale. The cornerstone is Executive Order 2026-03, “Establishing a Higher Bar for Data Center Development in Utah,” signed by Governor Spencer J. Cox on May 29, 2026.
The Executive Order creates an actionable compliance framework letting developers demonstrate stewardship across water, air quality, energy, wildlife, and community engagement – reducing regulatory and reputational risk. Recent enactments on energy self-supply and water rights operationalize these principles, while a few counties have adopted short-term local moratoria to update zoning; understanding how these interact with the state framework matters for site selection.
Reprinted courtesy of
Denise A. Dragoo, Snell & Wilmer and
Josh Miller, Snell & Wilmer
Ms. Dragoo may be contacted at ddragoo@swlaw.com
Mr. Miller may be contacted at jmiller@swlaw.com
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Underlying Complaint Alleges Possibility of Coverage, Triggering Duty to Defend
September 15, 2026 —
Tred R. Eyerly - Insurance Law HawaiiIn a dispute among insurers for various defendants in the underlying case regarding the providing of a defense, the Second Circuit vacated, in part, the district court’s judgment and remanded the case. New Your Marine and Gen. Ins. Co. v. Fed. Ins. Co., 2026 U.S. App. LEXIS 18087 (2nd Cir. June 23, 2026).
Mary Guzman, who worked for a cleaning company, PBM, LLC, alleged that she was injured when a glass panel in a revolving door fell onto her as she cleaned the door. She filed suit in state court against the owners of the building as well as the lessee of the fifteenth floor where the accident occurred, Bank of New York Mellon (Bank). She alleged the owners and the Bank were negligent in creating the dangerous condition that caused her injury.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
GRSM Attorneys Recognized in The Best Lawyers in America® 2027
August 24, 2026 —
Gordon Rees Scully MansukhaniGordon Rees Scully Mansukhani is pleased to announce that 183 of its attorneys were listed in The Best Lawyers in America© 2027 Edition, six of whom received “Lawyer of the Year” recognitions. Additionally, 49 GRSM attorneys were recognized in Best Lawyers: Ones to Watch 2027.
Best Lawyers lists are compiled based on peer-review evaluations. For the 2027 edition of The Best Lawyers in America®, results were determined using millions of confidential attorney evaluations. Ones to Watch adopts the same peer-review methodology.
Read the full story...Reprinted courtesy of
Gordon Rees Scully Mansukhani
The Drawing Changed. Did You Catch It? A Hard Lesson for Contractors About Revised Plans
November 09, 2026 —
Matthew J. Devries - Best Practices Construction Law BlogEvery contractor has seen it. A revised drawing hits your inbox. You open the sheet, look for the clouds, figure out what changed, and move on. But what if something changed outside the cloud?
That seemingly simple question became a very expensive problem in Young Contracting/SE, Inc. v. Pitt Excavating, LLC, (Oct. 30, 2026), a recent Tennessee Court of Appeals decision involving a general contractor and its excavation subcontractor. The subcontract required Pitt to perform its work in accordance with the project drawings and specifications, “as amended from time to time.”
During the project, Young sent Pitt a revised drawing. Pitt’s owner testified that his practice was to look at the clouded areas because he understood those areas to identify what had changed. He explained that he presumed the rest of the drawing remained the same. Guess what? That assumption did not work out well.
Read the full story...Reprinted courtesy of
Matthew J. Devries, BuchalterMr. Devries may be contacted at
mdevries@buchalter.com
"Resilient Rebuild Hub" Helps Wildfire-Impacted Homeowners Build Back Stronger
September 21, 2026 —
California Nevada Cement AssociationNEWPORT BEACH, Calif., Sept. 21, 2026 /PRNewswire/ -- When homeowners in a fire-ravaged Pacific Palisades neighborhood banded together last year to rebuild with fire-hardened materials rather than standard wood framing, they weren't just rebuilding houses: they were rewriting the playbook for how California communities can rebuild after wildfire. Today, the Building with Resilience effort is making that playbook available to every homeowner facing the same decision with the launch of its new Resilient Rebuild Hub for exploring fire resistant, non-combustible construction options.
The Resilient Rebuild Hub helps homeowners understand options for fire-resistant, concrete-based construction and connect with architects, engineers, and contractors who can build them. This includes six noncombustible building systems:
- Insulated Concrete Forms (ICF): stackable, high-density foam blocks filled with concrete which save 20-50% on monthly heating and cooling costs, reduce outside noise by up to 80%, offer exceptional earthquake performance and 4-hour fire resistance rating.
- Insulated Composite Concrete Forms (ICCF): similar formwork to ICF construction with composite materials that enhance strength, simplify installation, and improve long-term performance.
- Concrete Masonry: strong, durable wall systems used for decades across California and the U.S.
- Precast Insulated Sandwich Panels: a complete building enclosure system consisting of two layers of concrete separated by a continuous layer of rigid insulation.
- 3D Shotcrete: air-sprayed concrete for strong, fast, and versatile wall systems that enable a high degree of artistic freedom together with unparalleled fire resistance.
- 3D Concrete Printing: the cutting edge of residential construction, a large-scale robotic 3D printer "squeezes" a specialized concrete mixture layer by layer to allow for organic, curved designs that are often too expensive or impossible to build with traditional methods.
The Resilient Rebuild Hub is available now at buildingwithresilience.com/how-to-build. Each part is free to access and includes case studies, technical resources, and a directory of architects, engineers, and contractors experienced in each building method.
CNCA is a not-for-profit organization committed to developing sustainable and economical construction solutions for California and Nevada with an emphasis on the use of cement and concrete. For more information, visit www.cncement.org.
CalCIMA is a trade association for the construction and essential mineral industries in California, including aggregate, essential and rare earth minerals, ready mixed concrete, and asphalt producers. In all, there are about 70 producer member companies that include 500 production sites in every county of California. Our members also include more than 100 suppliers and service providers to the industry.
Founded in 1930, the National Ready Mixed Concrete Association (NRMCA) is the leading industry advocate with a mission to provide exceptional value for our members by responsibly representing and serving the entire ready mixed concrete industry through leadership, promotion, education and partnering to ensure ready mixed concrete is the building material of choice.
Communication Gaps Can Cost Construction Firms in the Data Center Boom
June 02, 2026 — Mike Lewis - Construction Executive
The data center construction boom is transforming the construction industry at a historic pace. Fueled by cloud computing, artificial intelligence and relentless demand for digital infrastructure, data centers have become one of the fastest-growing project types in the built environment. Billions of dollars are flowing into new facilities and expansions, creating unprecedented opportunities for construction firms positioned to deliver reliably.
But opportunity alone does not guarantee success. As competition intensifies, communication failures and poor information management are emerging as some of the most common (and costly) reasons firms lose margins, miss deadlines or fail to secure repeat work. In data center construction, where schedules are compressed and tolerance for error is minimal, even small breakdowns in communication can have outsized consequences.
Reprinted courtesy of Mike Lewis, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Insurer’s Motion to Dismiss Bad Faith Claim Denied
November 02, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court denied the insurer’s motion to dismiss the insured’s claim for breach of the covenant of good faith and fair dealing, but granted the motion to dismiss the claim for declaratory judgment. Jimenez v. State Farm Fire & Cas. Co., 2026 U.S. Dist. LEXIS 182079 (D. Conn. Aug. 15, 2026).
The insured owned a two-family property which was insured by State Farm. After a fire damaged the property, the insured submitted a claim to State Farm. The policy provided for Fair Rental Value coverage “[w]hen a loss insured causes that part of the residence premises rented to others or held for rental by you to become uninhabitable.”
Before the fire, the insured alleged that he rented part of the property under an oral lease agreement. In support of his claim for Fair Rental Value, the insured alleged that he provided State Farm with bank deposit receipts demonstrating that he collected rent in cash. The insured further alleged that his rental ledger was destroyed in the fire. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com
California Contractors Get a Much-Needed Break: SB 342 Softens the Harsh Consequences of Contractor License Lapses
October 20, 2026 — Heather Frisch - The Construction Seyt
Imagine completing a multimillion-dollar project, performing quality work, paying your subcontractors, and satisfying the owner, only to discover that a temporary contractor license lapse could prevent you from recovering payment for that work or pursuing claims for extra work. For decades, that was the reality under California Business and Professions Code section 7031.
A contractor that allowed its license to lapse, even briefly, could face catastrophic consequences completely disconnected from the quality of its work. In some cases, a contractor that performed otherwise flawless work could be barred from recovering payment and even be ordered to disgorge compensation already received – even if the owner knew the contractor had a lapse in its licensing and allowed it to continue construction.
That reality is about to change. Read the full story...
Reprinted courtesy of Heather Frisch, Seyfarth
Ms. Frisch may be contacted at hfrisch@seyfarth.com