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
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Celebrating 29 Years – Thank You for Your Continued Trust!
April 20, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPFor 29 years, Bremer Whyte Brown & O’Meara, LLP has grown alongside the clients and communities we proudly serve.
What began as a single office in Orange County has evolved into a multi-state firm with 11 locations across five states. Today, we are proud to be supported by a dedicated team of more than 200 attorneys and over 400 employees who work every day to deliver exceptional service and results.
This milestone is not just about where we started; it’s about the people who have helped shape who we are today. Our continued growth reflects the strength of our relationships, the trust of our clients and partners, and the commitment of our team.
Read the full story...Reprinted courtesy of
Dolores Montoya, Bremer Whyte Brown & O'Meara LLP
Prefatory Contract Language Cannot Be Used to Create an Ambiguity with Operative Provisions
May 12, 2026 —
David Adelstein - Florida Construction Legal UpdatesContract drafting and interpretation matters.
A case dealt with the potential conflict with prefatory language in an agreement compared with operative provisions in the agreement. The trial court held that the operative provisions control. I discussed this case
here where the appellate court reversed based on the prefatory language.
But, through a motion for rehearing, the appellate court reconsidered its position and affirmed the trial court based on the operative provisions, mainly that the prefatory language cannot be used to create an ambiguity with operative provisions. Consider this explanation in affirming the trial court:
Because the trial court correctly found that the initial language in the contract was prefatory and could not be used to create an ambiguity in the remainder of the contract, we affirm the final judgment.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Recognize: A Construction Safety Week Technical Bulletin
February 23, 2026 —
Construction Safety Week - Construction ExecutiveConstruction Safety Week has long been a powerful show of force, a catalyst for bringing the industry together and putting a spotlight on the critical importance of safety. It represents a shared commitment across an expansive and impactful Industry. The construction industry is a major employer and significant contributor to the U.S. economy, creating nearly
$2.1 trillion worth of structures each year—and with that scale comes immense responsibility— and opportunity.
Over the last decade, we’ve made meaningful strides: advancing best practices, transitioning from hard hats to helmets, shedding light on vital issues that affect safety, like mental health, fostering a culture of care and accountability, and creating partnerships and initiatives for improving jobsite safety.
Reprinted courtesy of
Construction Safety Week, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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$356 Million Judgement Against Developer for Defective Construction of DC Condominium
August 16, 2026 —
Nicholas D. Cowie - Cowie Law GroupOn July 31, 2026, the Superior Court of the District of Columbia entered a $356,085,513.00 judgment against developers JBG Smith for defective construction and renovation of the Wardman Tower Residential Condominium in Washington, D.C. The case is Wardman Tower Residential Condominium Unit Owners Association v. JBG Smith Properties, et al., No. 2020 CA 004807 B (D.C. Super. Ct.). In a 148-page
Trial Order, the D.C. Superior Court awarded $118,695,171.00 in damages in favor of the condominium association and against the condominium developers, including JBG Smith. The Court trebled those damages pursuant to the District of Columbia Consumer Protection Procedures Act (“CPPA”) to reach an ultimate judgment of $356,085,513.00. See Cowie Law Group:
DC Condominium Construction Defects: Recovering Attorney’s Fees, Litigation Expenses & Treble Damages Under the Consumer Protection Procedures Act.
Cowie Law Group, P.C. filed the lawsuit on behalf of the Association in 2020. The firm represented the Association throughout years of pretrial discovery and ultimately served as trial counsel with Williams & Connolly LLP during a lengthy bench trial before the Honorable Yvonne Williams. The Cowie Law Group team included attorneys, George A. Bealefeld, III, Albert G. McCarraher, Stanford L. Kimmel, III and Nicholas D. Cowie.
Read the full story...Reprinted courtesy of
Nicholas D. Cowie, Cowie Law GroupMr. Cowie may be contacted at
ndc@cowielawgroup.com
Arizona Court Enters $323 Million Judgment Against ZOM Living Following Unanimous Jury Verdict
May 26, 2026 —
Gray Development GroupPHOENIX, May 19, 2026 /PRNewswire/ -- A Maricopa County court has entered a $323 million compensatory damages judgment in favor of Gray Development Group against ZOM Holding Inc., doing business as ZOM Living, following a 12-day trial, a unanimous jury verdict and post-trial proceedings related to a proposed business transaction.
The jury found ZOM liable on claims of breach of contract and breach of the implied covenant of good faith and fair dealing stemming from a proposed joint venture tied to a planned pipeline of luxury multifamily and commercial projects in Phoenix and Scottsdale.
The lawsuit centered on a 13-project, $1.4 billion development pipeline originated and planned by Gray Development Group over more than a decade. In 2019, Gray invited Florida-based ZOM to participate in a joint venture involving the completion of five projects, which would have marked ZOM's entry into the Arizona market.
According to court findings presented at trial, the companies entered into a mutual confidentiality and non-circumvention agreement before Gray shared extensive sensitive and proprietary information related to the projects, including planning, market analysis, costs, financial data, local business relationships and operational strategies developed by Gray over decades in Arizona.
Evidence presented during trial showed that over a 10-month period while under contract, ZOM made hundreds of requests for confidential project and market information before circumventing Gray and pursuing the projects independently, ultimately displacing Gray from projects it spent years planning and developing.
ZOM Living, headquartered in Orlando, develops multifamily and senior housing communities across the United States and operates regional offices in Boston, Dallas, Fort Lauderdale, Nashville, Phoenix, and Raleigh. ZOM is owned by Timeless Investments, the Amsterdam-based family office of Dutch businessman Hans van Veggel, which acquired the company in 1997.
About Gray Development Group
Gray Development Group was founded by architect Bruce Gray in 1991. The Phoenix-based company was the top-ranked multifamily developer in Arizona for more than a decade. The company designed and developed more than 15,000 apartment and condominium units throughout metropolitan Phoenix. Two Gray-designed developments — a Tempe midrise and a San Diego high-rise — received National Apartment Community of the Year awards.
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 agr
North Carolina Federal Court Holds “Hazardous Materials” Exclusion Does Not Bar Duty to Defend Under CGL Policy for Bodily Injury Claims Arising Out of Direct Exposure to PFAsClose Enough Only Counts in Horseshoes and Hand GrenadesPreparing For the Worst with Smart Books & RecordsHaight Celebrates 2024 New Partner Promotions!Businesspeople to Nevada: Revoke the Construction Defect LawsReal Estate Firms Push to Preserve Carried Interest Tax BreakMeet BWB&O’s Super Lawyers Rising Stars in Colorado!KF-103 v. American Family Mutual Insurance: Tenth Circuit Upholds the “Complaint Rule”Denver Officials Clamor for State Construction Defect LawNo Coverage for Construction Defects Under Arkansas LawNo Coverage for Home Damaged by Falling BouldersDiffering Site Conditions: What to Expect from the Court When You Encounter the UnexpectedWendel Rosen’s Construction Practice Group Welcomes Quinlan TomAn Upward Trend in Commercial Construction?Killer Subcontract ProvisionsNewmeyer & Dillion Ranked Fourth Among Medium Sized Companies in 2016 OCBJ Best Places to Work ListPollution Created by Business Does Not Deprive Insured of CoverageReminder: The Devil is in the Mechanic’s Lien DetailsCuomo Proposes
Real Estate & Construction News Round-Up (11/03/21)
Four Payne & Fears Attorneys Named 2026 Southern California Super Lawyers Rising Stars
Flint Water Crisis and America’s Clean Water Access Failings
Prevailing Wages Don’t Stop at the Jobsite, Says Washington Court
Integration Can Inoculate in Utah
Texas Legislative Update: Breaking Down the New Texas Laws Impacting Construction
Power & Energy - Emerging Insurance Coverage Cases of Interest
What if the Supreme Court Overrules the Reciprocal Tariffs? Plan Now for Refunds, Protests, and Contract Reconciliation
LAX Construction Defect Suit May Run into Statute of Limitations
Tips for Drafting Construction Contracts
Mitigate Construction Risk Through Use of Contingency
Call Me Maybe? . . . Don’t Waive Your Rights Under the Right to Repair Act’s Prelitigation Procedures
Global Insights Center: Monthly Newsletter
Brazil World Cup Soccer Crisis Deepens With Eighth Worker Death
Do Municipal Gas Bans Slow the Clean Hydrogen Transition in Real Estate?
Bad Faith Claim for Investigation Fails
US Homes Face Costly Retrofits for Induction Stoves, EV Chargers
New York Supreme Court Building Opening Delayed Again
Using Lien and Bond Claims to Secure Project Payments
Halliburton to Pay $1.1 Billion to Settle Spill Lawsuits
Trump Replaces Architect to Lead $300 Million Ballroom Design
Is Performance Bond Liable for Delay Damages?
The 2025 Legal Horizon for U.S. Offshore Wind
Velazquez Framing, LLC v. Cascadia Homes, Inc. (Take 2) – Pre-lien Notice for Labor Unambiguously Not Required
Reinsurer's Obligation to Provide Coverage Determined Under English Law
TV Kitchen Remodelers Sued for Shoddy Work
Why and When Construction Robotics Makes Sense
2017 Legislative Changes Affecting the Construction Industry
ASCE Statement on Passage of the Water Resources Development Act (WRDA) of 2022
Peckar & Abramson Once Again Recognized Among Construction Executive’s “Top 50 Construction Law Firms™”
'There Was No Fighting This Fire,' California Survivor Says
Additional Insurance Coverage Determined for General Contractor
Meet the Forum's ADR Neutrals: LISA D. LOVE
California Court Affirms $1.8 Million Judgment Against HOA for Failing to Investigate and Remediate Water Intrusion
Cracked Girders Trigger Scrutiny of Salesforce Transit Center's Entire Structure
Allegations That COVID-19 Was Physically Present and Altered Property are Sufficient to Sustain COVID-19 Business Interruption Suit
Boston Developer Sues Contractor Alleging Delays That Cost Millions
Water Intrusion Judged Not Related to Construction
Minnesota Senate Office Building Called Unconstitutional
Waiver of Subrogation Enforced, Denying Insurers Recovery Against Additional Insured in $500 Million Off-Shore Oil Rig Loss
Repeated Use of Defective Fireplace Triggers Duty to Defend Even if Active Fire Does Not Break Out Until After End of Policy Period
Case Remanded for Application of Efficient Proximate Cause Doctrine
Skanska Will Work With Florida on Barge-Caused Damage to Pensacola Bay Bridge
Bankruptcy on a Construction Project: Coronavirus Edition
New Mexico Architect Is Tuned Into His State
Subcontractor’s Claim against City Barred by City’s Compliance with Georgia Payment Bond Statute
Charles Eppolito Appointed Vice-Chair of the PBA Judicial Evaluation Commission and Receives Prestigious “President’s Award”
French President Vows to Rebuild Fire-Collapsed Notre Dame Roof and Iconic Spire
The Prompt Payment Rollercoaster
A New Perspective on Mapping Construction Sites with the Crane Camera System
