Real Estate & Construction News Roundup (6/24/26) – HUD to Fund AI Grants, Luxury Hotel Deal Investment Activity to Surge, ESPCs to Fund Energy and Infrastructure Improvements
July 06, 2026 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, data centers are exposed to climate change, commercial tenant sues CoStar, cities see opportunities in emerging sports markets, and more!
- With deferred maintenance growing and capital dollars stretched thin, local governments are using ESPCs to fund energy and infrastructure improvements through future operational savings. (Vicky Uhland, Construction Dive)
- The U.S. Department of Housing and Urban Development is offering up to $3 million in grants for local governments to deploy automated permitting and building code systems. (Ryan Kushner, Construction Dive)
- Luxury hotel deals are set to see a surge in investment activity due to strong fundamentals and strengthening capital markets. (Noor Adatia, Hotel Dive)
Read the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
David Samani Joins BHBA Podcast on Mediation Best Practices
May 05, 2026 —
Lewis BrisboisLos Angeles Partner David Samani recently joined a Beverly Hills Bar Association (BHBA) podcast titled, “Mediation 360: Preparation from the Defense, Plaintiff, and Mediator Perspectives,” during which he shared his insights on various aspects of the mediation process. Mr. Samani, along with a plaintiff’s attorney and a mediator, presented their thoughts on topics including how to determine whether a case is appropriate for mediation, preparing to mediate a case, communicating with clients, and handling the mediation itself.
Mr. Samani explained that early communication with clients is critical so that attorneys may learn what a client’s objectives are and develop an assessment of the case. He described that “from an early stage,” attorneys should determine the cost of litigation and ensure that the client understands “what an aggressive defense might entail.” As the matter progresses, attorneys and clients should “continue the dialogue” regarding costs as well as the strengths and weaknesses of the case, “making sure the client is apprised of the various alternatives that exist.” In addition, Mr. Samani discussed factors to consider when choosing a mediator, noting, “All mediators have their own styles and backgrounds.” He explained that some cases may call for a mediator with specialized knowledge in a particular area such as bankruptcy or securities, while other mediations may benefit from a mediator who understands the realities of private practice.
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Lewis Brisbois
Contractor Dispute Resolution Framework and Prevention
July 06, 2026 —
Construction ExecutiveWHAT DEFINES A CONTRACTOR DISPUTE RESOLUTION FRAMEWORK
A contractor dispute resolution framework is a structured system of contractual terms, governance processes and escalation pathways designed to prevent, manage and resolve conflicts between contracting parties with minimal disruption to cost, schedule and performance.
The framework operates as both a preventive control and a corrective mechanism. Preventive elements establish clarity in scope, expectations and accountability before work begins. Corrective elements define how disagreements are identified, documented, escalated and resolved once they arise.
Reprinted courtesy of
Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Insureds’ Altering Dates for Hailstorm Damage Justifies Denial of Claim
June 02, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe Firth Circuit affirmed the district court’s grant of summary judgment to the insurer due to the insureds’ failure to establish the date of loss after a hailstorm. Cutchall v. Chubb Lloyds Ins. Co. of Texas, 2026 WL 625633 (5th Cir. March 5, 2026).
In September 2021, the Cutchalls made a claim on their policy for interior water damage due to a hailstorm that breached their roof. Chubb retained two engineers to inspect the home, but neither found evidence that a hailstorm caused the damage. Instead, the engineers concluded a variety of other causes, such as poor ventilation and as-built defects, caused the damage. Because Chubb concluded that some of these other causes were covered by the policy, it paid only for the covered portions.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Safeguarding Your Privileged Construction Information With a Clawback Agreement
June 08, 2026 —
Laura Fraher - Construction ExecutiveFor contractors and construction executives, a
dispute that escalates to litigation brings risks that go well beyond the jobsite. When a dispute escalates to litigation, the attorney-client privilege is a critical protection to safeguard your interests. Disclosing privileged material can undermine your litigation position and, in some cases, negatively impact your business. In the construction context, this often includes sensitive communications about project delays, defect investigations, safety incidents or payment disputes—materials that can significantly impact both liability and reputation.
During litigation, the discovery process requires the exchange of documents and data with your adversary. If privileged materials are disclosed to your adversary during discovery you risk the waiver of your privilege, which in plain terms means you lose the protection of the privilege and make the privileged information, and in some cases all other information related to the same subject matter, available to your adversary. It is critical that your attorney take steps to protect against the unintentional disclosure of privileged materials during discovery to avoid a waiver.
Reprinted courtesy of
Laura Fraher, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...Ms. Fraher may be contacted at
lfraher@barclaydamon.com
Snell & Wilmer Recognized Among the Top 10 Largest Law Firms in Orange County by the Orange County Business Journal for the Ninth Consecutive Year
April 27, 2026 —
Snell & WilmerORANGE COUNTY – Snell & Wilmer is pleased to announce that its Orange County office has been named the eighth largest law firm in Orange County on the Orange County Business Journal’s
2026 List of Law Firms. The office has been ranked among the top 10 largest law firms in the region by the Orange County Business Journal for nine consecutive years.
“We are proud to once again be recognized among the top law firms in Orange County,” said
Jonathan E. Frank, managing partner of the firm’s Orange County office. “This recognition is a testament to the outstanding attorneys and professionals in our Orange County office and the clients who trust us with their most important matters. Being ranked among the top 10 largest firms in the region for nine consecutive years reflects both the strength of our team and our deep commitment to serving the Orange County business community.”
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Snell & Wilmer
The Grenfell & Champlain Towers: Risk Management Considerations in the Wake of Catastrophic Loss — A UK/US Comparison
June 02, 2026 —
Eric M. Clarkson - Saxe Doernberger & Vita, P.C.1. Introduction
As part of the multinational collaborative relationship between Saxe Doernberger & Vita, P.C. and Fenchurch Law, we continually find ourselves in conversations about the sometimes subtle but sometimes drastic differences between risk management and coverage considerations from one country to the next. These differences are often highlighted by the fallout from large catastrophic losses that are widely publicized and illuminate sometimes widespread risks and perils that many others may be facing in the coming years.
The response of governments and their subdivisions to the needs of victims and/or commercial parties, and insurance markets’ evaluation of and reactions to catastrophic losses vary widely from country to country and jurisdiction. In this article, we discuss these responses and reactions in the cases of the Grenfell Tower Fire in London, England, and the Champlain Tower collapse in Surfside, Florida, within the United States. These two widely publicized losses involved different risk management and insurance considerations based on where they occurred. They also saw substantially different government responses and raised varied questions about what the next steps are for their respective commercial and insurance markets.
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Eric M. Clarkson, Saxe Doernberger & Vita, P.C.Mr. Clarkson may be contacted at
EClarkson@sdvlaw.com
Motion for Summary Judgment Granted in Significant California Public Utilities Suit
May 12, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPCongratulations to Partner Mike D’Andrea and Associates Ruth Rasiah and Kaylah Abdullah in the Los Angeles office for obtaining a complete dismissal of their clients in a significant claim involving California’s Public Utilities regulations.
After lengthy litigation, BWB&O’s Motion for Summary Judgment was granted against Claimant, Spectrum (Charter Communications), which resulted in a complete dismissal of the action against BWB&O’s clients. At issue was whether California’s Public Utilities Code shifted the common law duty to maintain certain utility equipment in residential areas within Southern California. After significant briefing, the Superior Court found that BWB&O correctly argued that the Public Utilities Co
New England Construction Defect Law Groups to CombineTexas Court Revives Construction Defect Claims: Key Lessons for Managing Latent Defect RiskADP Says Payrolls at Companies in U.S. Increase 200,000Agile Project Management in the Construction IndustryBall Janik LLP Continues Growth of the Miami Office with the Addition of Jocelyn RochaDeescalating Hyper EscalationInsured's Complaint Against Flood Insurer Survives Motion to DismissUnion THUGS Plead GuiltyThe Montrose Language Interpreted: How Many Policies Are Implicated By A Construction Defect That Later Causes a Flood?Alleged Defective Water Pump Leads to 900K in DamagesMonitoring Building Moisture with RFID – Interview with Jarmo TuppurainenMontana Significantly Revises Its Product Liability LawsFAA Seeks Largest Fine Yet on Drones in Near-Miss CrackdownCongratulations to Arezoo Jamshidi & Michael Parme Selected to the 2022 San Diego Super Lawyers Rising Stars ListHome Building Likely to Stick to Slow PaceRather Than Limit Decision to "That Particular Part" of Developer's Policy Necessary to Bar Coverage, 10th Circuit Renders Questionable Decision on Exclusion j(6)Traub Lieberman Attorneys Lisa M. Rolle, Eric D. Suben, and Justyn Verzillo Secure Dismissal of All Claims in a Premises Liability CaseIndemnification Against Release/“Disposal” of Hazardous MaterialsNevada Update: Nevada Commissioner of Insurance Updates Burning Limits Statute with Emergency RegulationGeorgia Supreme Court Says Construction Defects Can Be an “Occurrence”Contractor Entitled to Defense in Suit Filed by Performance Bond CarrierAllegations Versus “True Facts”: Which Govern the Duty to Defend? Bonus! A Georgia Court Clears Up What the Meaning of “Is” IsNarrow House Has Wide OppositionHawaii Federal District Rejects Another Construction Defect ClaimConstructive Changes – A PrimerSmart Construction and the Future of the Construction IndustryConstruction Delays for China’s Bahamas Resort ProjectClient Alert: Michigan Insurance Company Not Subject to Personal Jurisdiction in California for Losses Suffered in Arkansas16 Wilke Fleury Attorneys Featured in Sacramento Magazine 2021 Top Lawyers!Sources of Insurance Recovery for Emerging PFAS ClaimsHow to Document Changes and Preserve Claims Without Starting a FightHDR Agreed to $12M Settlement With Miami Bridge Design-Build TeamNew OSHA Vaccination Requirements For Employers With 100 Or More Employees (And Additional Advice for California Employers)Glendale City Council Approves Tohono O’odham Nation CasinoPractical Advice: Indemnification and Additional Insured Issues RevisitedCold Weather Causes Power Blackouts, Disruptions on JobsitesA Loud Boom, But No Serious Injuries in World Trade Center AccidentLas Vegas Team Obtains Complete Dismissal of a Traumatic Brain Injury ClaimDispute Erupts Into Public Over Castro Theater Rehab Project CostsEven Fraud in the Inducement is Tough in ConstructionWashington Court Tunnels Deeper Into the Discovery RuleHome Builder Doesn’t See Long Impact from HurricaneGilbert’s Plan for Downtown Detroit Has No Room for JailDump Site Provider Has Valid Little Miller Act ClaimInfrastructure Money Comes With Labor Law Strings AttachedFlorida Representative Wants to Change Statute of ReposeMore on Fraud, Opinions and ContractsThe Economic Loss Rule and the Disclosure of Latent Defects: In re the Estate of Carol S. GattisRecording a Lis Pendens Is CrucialHomebuilders See Record Bearish Bets on Shaky RecoveryNew Rule Prohibits Use of Funds For Certain DoD Construction and Infrastructure Programs and ProjectsA Funny Thing Happened to My Ground Lease in Bankruptcy CourtConstruction Defect Suit Can Continue Against PlumberThe “Pay When Paid” Clause in California Construction—Strategies as the Battle Continues
