Reckless Disregard is. . . Well. . .Reckless
December 30, 2025 —
Christopher G. Hill - Construction Law MusingsPunitive 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. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
FERC’s New Order on Data Center Co-Location: What Utilities Need to Know
January 26, 2026 —
Stephen J. Humes - Gravel2Gavel Construction & Real Estate Law BlogOn December 18, 2025, the
Federal Energy Regulatory Commission (FERC) issued a pivotal order to PJM Interconnection, the nation’s largest regional wholesale power grid operator running the transmission system in the Mid-Atlantic region. The Order intends to help reshape how large loads—especially data centers—connect to the grid in the face of massive load growth from artificial intelligence (AI) hyperscalers.
At FERC’s monthly open meeting, the commissioners unanimously approved the Order, finding that PJM’s existing tariff does not adequately address the issue of co-locating large loads with data centers and electric generation. The Order was issued in FERC Docket Nos. EL24-49-000 et al., can be found at
this link.
Read the full story...Reprinted courtesy of
Stephen J. Humes, PillsburyMr. Humes may be contacted at
stephen.humes@pillsburylaw.com
Forget Fifth Graders - Are You Smarter Than a CEO?
December 02, 2025 —
Daniel Lund III - JD SupraThe Supreme Court of South Dakota says that (in certain circumstances) you need to be.
That court wrangled with the evidentiary requirements for professional negligence and breach of contract claims arising from the construction of a clinical research facility in Brookings, South Dakota. The general contractor on the project alleged defects in the design and installation of the HVAC system and suspended ceiling, resulting in contamination and operational failures. The general contractor sued the architect, engineers, and contractors, asserting breach of contract and implied warranties.
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Daniel Lund III, Phelps DunbarMr. Lund may be contacted at
daniel.lund@phelps.com
California’s Retention Reform on Private Construction Projects
February 17, 2026 —
Michael McKeeman - The Construction SeytRetention has long been a contentious issue in California construction. Traditionally, owners withheld retention of 10% from each progress payment until completion, arguing it was necessary to ensure performance, quality and timely delivery. Contractors and subcontractors, however, often struggled with cash flow, payroll, and material costs while waiting months—sometimes even years—for withheld retention.
Recognizing the financial challenges contractors and subcontractors face, the California legislature passed Senate Bill 61 (“SB 61”), now codified under California Civil Code Section 8811 and effective January 1, 2026, limiting retention to 5% on private works of improvement, aligning with the public works standard in place since 2012. The law’s intent is clear—ease financial strain on contractors and subcontractors while still providing owners with security (albeit reduced) with respect to project completion.
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Michael McKeeman, SeyfarthMr. McKeeman may be contacted at
Florida's Third DCA Reasserts the Teeth of Chapter 558 and the Future of Construction Defect Litigation
February 23, 2026 —
Ryan C. Brooks & Keith G. Salhab - Wood Smith Henning & Berman LLPThe case of Moss & Associates, LLC v. Daystar Peterson and Brickell Heights East Condominium Association, Inc. represents a quiet but significant correction in Florida construction law litigation. The Florida Third District Court of Appeal granted a petition for writ of certiorari and quashed a trial court order that denied a contractor's motion to stay litigation under Chapter 558, Florida Statutes.
Though procedurally narrow, the ruling reflects an increasingly assertive appellate stance. Chapter 558's pre-suit notice and right-to-repair process is mandatory, jurisdictional in effect, and not subject to dilution by trial-level discretion. At its core, the opinion reinforces a foundational principle. Florida intends for construction defect disputes to be managed, investigated, and often resolved before they reach a courtroom. The Third DCA's insistence on strict statutory compliance signals to trial courts, and to the plaintiffs' bar, that procedural shortcuts will not be tolerated.
Reprinted courtesy of
Ryan C. Brooks, Wood Smith Henning & Berman LLP and
Keith G. Salhab, Wood Smith Henning & Berman LLP
Mr. Brooks may be contacted at rbrooks@wshblaw.com
Mr. Salhab may be contacted at ksalhab@wshblaw.com
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Fort Lauderdale Associate Secures Summary Judgment in Rare Premises Liability Win
December 22, 2025 —
Lewis Brisbois NewsroomFort Lauderdale, Fla. (October 29, 2025) - Fort Lauderdale Associate Kyle Hollander recently secured a summary judgment victory for his client, Winn-Dixie, in a contested premises liability case.
This was a hotly disputed liability case of water on the floor near an ice cooler with surveillance footage of a customer constantly bringing bags of ice to and from the cooler to the register. The plaintiff unknowingly stepped into the area of dripped melted ice and fell. Kyle successfully argued based on the plaintiff’s own deposition testimony and the surveillance footage that Winn-Dixie didn’t have the requisite actual notice. Additionally, Kyle argued that the brief duration the condition remained on the floor was legally insufficient to establish constructive notice under Florida law. The Court agreed, finding that the evidence would not survive a directed verdict and granting summary judgment in favor of the defense.
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Lewis Brisbois
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 be contacted at brigantip@whiteandwilliams.com
Ms. Ferguson may be contacted at fergusone@whiteandwilliams.com
Ms. Newman may be contacted at newmanh@whiteandwilliams.com
Read the full story...
Course of Conduct Can Serve as Waiver or Modification of Parties’ Contract
December 22, 2025 —
Insurer Granted Summary Judgment on Denial of Construction Defect ClaimMaryland Legislation Prohibits Condominium Developers from Shortening Statute of Limitations to Defeat Unit Owner Construction Defect ClaimsTexas Supreme Court Holds that Invoking Appraisal Provision and Paying Appraisal Amount Does Not Insulate an Insurer from Damages Under the Texas Prompt Payment of Claims ActEnvironmental Roundup – May 2019New Hampshire Asbestos Abatement Firm Pleads Guilty in Federal Fraud CaseBIM Meets Reality on the Construction SiteOSHA’s COVID-19 Emergency Temporary Standard Is in FluxNewmeyer & Dillion Announces New Partner Bahaar CadambiDid the Building Boom Lead to a Boom in Construction Defects?At Least 23 Dead as Tornadoes, Severe Storms Ravage SouthWhen an Intentional Act Results in Injury or Damage, it is not an Accident within the Meaning of an Insurance Policy Even When the Insured did not Intend to Cause the Injury or DamageLay Testimony Sufficient to Prove Diminution in ValueContractor’s Burden When It Comes to DelayBusiness Interruption, Food Spoilage Claims Resulting from Off Premise Power Failure DeniedNo Coverage for Restoring Aesthetic UniformityImpossibility of Performance as Excuse to Failure to Achieve Performance SpecificationConsequential Damages Can Be Recovered Against Insurer In Breach Of ContractContractors Should Be Optimistic that the Best Value Tradeoff Process Will Be Employed by Civilian AgenciesNew York Court Temporarily Enjoins UCC Foreclosure SaleThe Fair Share Act Impacts the Strategic Planning of a Jury TrialNIBS Consultative Council Issues Moving Forward Report on Healthy BuildingsHow Many Bridges Does the Chesapeake Bay Need?Failure to Allege Property Damage Within Policy Period Defeats Insured's ClaimAnother Possible “Out” of Uniwest?Successful KF Defense Results in Dismissal with PrejudiceThink Before you Execute that Release – the Language in the Release Matters!Insurer’s Confession Of Judgment Through Post-Lawsuit PaymentHurricane Damage Not Covered for Home Owner Not Named in PolicyAnother Exception to Fraud and Contract Don’t MixThree Kahana Feld Attorneys Recognized in The Best Lawyers in America® 2025Former UN General Assembly President Charged in Bribe SchemeTerms of Your Teaming Agreement MatterBHA Has a Nice SwingHunton Insurance Lawyer, Adriana Perez, Selected to the National Association of Women Lawyers’ 2023 Rising ListSometimes You Get Away with Unwritten Contracts. . .In Personal Injury Actions, Prejudgment Interest on Costs Not RecoverableNo Second Chance: Colorado Court of Appeals Bars Indemnity Claim Under Doctrine of Claim PreclusionFederal Court Reiterates Broad Duty to Defend in Additional Insured CasesLicensing Mistakes That Can Continue to Haunt YouNevada Senate Bill 435 is Now in EffectNo Cherry Picking: Direct Benefits Estoppel and Binding Non-Parties to ArbitrationGrenfell Fire Probe Faults Construction Industry PracticesD.C. Decision Finding No “Direct Physical Loss” for COVID-19 Closures Is Not Without Severe LimitationsJust a House That Uses 90 Percent Less Energy Than Yours, That's AllBrenda Radmacher to Speak at Construction Super Conference 2024Notice and Claims Provisions In Contracts Matter…A LotLouisiana Politicians Struggle on Construction Bills, Hospital RedevelopmentCondo Association Settles with Pulte Homes over Construction Defect ClaimsLas Vegas Partner Sarah Odia Named a 2023 Mountain States Super Lawyer Rising StarUrban Retrofits, Tall Buildings, and SustainabilityConstructing and Operating Sports and Tourism Complexes
4 Steps to Take When a Worker Is Injured on Your Construction SiteBanks Loosening U.S. Mortgage Standards: Chart of the Day2017 Colorado Construction Defect Recap: Colorado Legislature and Judiciary Make Favorable Advances for Development CommunityNew York’s 2022 Comprehensive Insurance Disclosure Act: Significant Amendments to the C.P.L.R.Philadelphia Proposed Best Value Procurement Bill2023 West Coast Casualty Construction Defect SeminarRhode Island Finds Pollution Exclusion Ambiguous, Orders Coverage for Home Heating Oil LeakCommerce City Enacts Reform to Increase For-Sale Multifamily HousingJust Because You Label It A “Trade Secret” Does Not Make It A “Trade Secret”Wisconsin Supreme Court Abandons "Integrated Systems Analysis" for Determining Property DamageCovenant of Good Faith and Fair Dealing Applied to Pass-Through AgreementsBally's Secures Funding for $1.7B Chicago Casino and Hotel ProjectBig Policyholder Win in MichiganMicrowave Transmission of Space-Based Solar Power: The Focus of New Attention
