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Real Estate & Construction News Roundup (3/18/25) – Data Center Frenzy, China’s Expanding REIT Market and Tariff-Affected Construction Costs

March 31, 2026 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, relistings reached highest total in a decade, Florida State Legislature passes bill to increase the state’s housing supply, data center construction adapts to changes and more!

• The data center construction frenzy and a new, potentially larger highway bill were top of mind for builders during the latest round of contractor earnings calls and financial reports. (Joe Bousquin, Construction Dive)
• Tariffs and associated policy uncertainty have increased construction costs and delayed leasing and investment choices. (J.P. Morgan)
• Relistings hit the highest January figure since Redfin began tracking this metric a decade ago. (Diana Olick, CNBC).

Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

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Anti-Concurrent Causation Clause Prevents Coverage for Collapse

April 27, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The appellate court affirmed the decision of the trial court granting summary judgment to the insurer after agreeing that the policy’s anti-concurrent causation clause barred coverage. Lido Hospitality, Inc. v. AIX Specialty Ins. Co., 2026 Iii. App. Unpub. LEXIS 133 (Ill. Ct. App. Jan. 27, 2026). One of the brick veneer walls of the Lido Motel collapsed during a windstorm. Lido reported the loss it its insurer, AIX. AIX investigated and determined that the brick veneer collapsed due to pervasive wear and tear and corrosion of the underlying infrastructure that secured the veneer- specifically the components that anchored or tied the masonry veneer to the underlying wooden substrate. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Contract Disputes Act and Jurisdictional Requirements

March 17, 2026 — David Adelstein - Florida Construction Legal Updates
When dealing with a claim on a federal construction project, there are a couple of key background jurisdictional points. These points were briefly highlighted in the recent appeal, Mega Star Logistics Service Co. v. Department of State, CBCA 8232, 2026 WL 253738 (CBCA 2026). Here are the two points. FIRST, when it comes to jurisdiction, for a board of contract appeals “to exercise jurisdiction over a claim, the CDA [Contract Disputes Act] requires the contractor to submit a written claim to the contracting officer for a COFD [contracting officer final decision], with a subsequent appeal of the COFD or deemed denial if the CO [contracting officer] does not issue a COFD.” Thus, you need to submit a formal claim under the Contract Disputes Act to the contracting officer to get a final decision from the contracting officer (or the contracting officer waiving the final decision by not timely furnishing one). Mega Star Logistics, supra. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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“Number nine, Number nine…”: Newark Trial Team Obtains “No Cause” Verdict in Ninth Trial of Year

December 15, 2025 — Lewis Brisbois Newsroom
Newark, N.J. (October 21, 2025) - Starting their ninth trial of the year – eight juries, one bench – the trial team of Newark Partner Afsha Noran and Managing Partner Colin P. Hackett recently obtained a “No Cause” verdict for a national owner, developer, builder, and operator of real estate. While the trial was relatively short, totaling four days and eight witnesses, the “No Cause” verdict was nonetheless gratifying for the client and the New Jersey trial team. As in any slip/trip/fall action, the plaintiff alleged the firm client failed to properly maintain their retail space, which led to the plaintiff slipping, falling and fracturing a femoral condyle bone. This resulted in the plaintiff undergoing surgery and being wheelchair bound for over three months, as well as needing home modifications consisting of an exterior home ramp and commode. The plaintiff’s expert opined that the plaintiff was, is, and will continue to be in pain for the rest of her life, and will require pain management treatment and a future knee replacement. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Differing Site Conditions Claim Requires a Misrepresentation

May 14, 2026 — David Adelstein - Florida Construction Legal Updates
If you are entertaining a differing site conditions claim, consider this Third District Court of Appeals case from the mid-90s. In Hendry Corp. v. Metropolitan Dade County, 648 So.2d 140 (Fla. 3d DCA 1995), a contractor was hired by Dade County to demolish the old Rickenbacker Causeway in Miami. The original 1941 plans of the causeway were made available to contractors. The lowest bidding contractor that was awarded the project based its bid “on its conclusion that the pilings supporting the old bridge were made of concrete.” Hendry, supra at 141. The contractor based this conclusion on the original plans, its visual observation, and experience. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Florida’s Proposed HB 255: A Quiet Shift That Could Reshape Condo Defect Liability

January 21, 2026 — Matt Maranges - ConsensusDocs
In Florida, developers and contractors work under strict clocks. Section 95.11(3)(b), Florida Statutes, sets two firm deadlines for construction claims: a four-year statute of limitations and a seven-year statute of repose. Those timelines govern when an owner or condominium association may pursue claims for alleged defects. Once the repose period ends, the claim is barred regardless of when the problem surfaced. Condominium law complicates that scheme. Section 718.124 delays the start of the limitation and repose periods on association claims until control of the board shifts from the developer to the unit owners. The logic is simple: a developer-controlled board cannot be expected to sue the developer. The practical effect is more sweeping. If turnover occurs late in the life of a project, the repose period may remain tolled for years, extending exposure far beyond the seven years that apply everywhere else. Read the full story...
Reprinted courtesy of Matt Maranges, Jones Walker
Mr. Maranges may be contacted at mmaranges@joneswalker.com

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Fourth Circuit Extends Coverage to Contractor

May 14, 2026 — Hunton Insurance Recovery Blog
The Fourth Circuit in APAC-Atlantic, Inc. v. Owners Insurance Co., No. 24-1969, 2026 WL 458402 (4th Cir. Feb. 18, 2026) recently endorsed broad coverage for additional insureds, interpreting “arising out of” broadly under North Carolina law to extend coverage to a repaving company under its subcontractor’s liability insurance policy. The court held that an additional insured’s liability “arising out of” a named insured’s work in an additional-insured endorsement means liability “relating to” or “causally connected to” the named insured’s operations, rather than liability defined more narrowly as “caused by” or “the fault of” the named insured. Read the full story...
Reprinted courtesy of Hunton Andrews Kurth LLP

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CEO/Founding Principal Nicole Whyte is recognized as one of the most Influential Leaders in Orange County by the OC Business Journal!

December 15, 2025 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to CEO/Founding Principal Nicole Whyte on her recognition as one of the most Influential Leaders in Orange County by the OC Business Journal! Why: Nicole leads over 200 attorneys in 11 offices in the Western U.S. She specializes in family law and complex civil litigation. Of those, 89 are based in the firm’s Newport Beach headquarters. Notable: Nicole was born, raised, and educated in South Africa. She practiced law in Johannesburg before emigrating to the United States in 1991. After quickly learning the U.S. Legal system, Nicole founded Bremer Whyte in 1997. Her husband, Steve Nataupsky, is a managing partner at Knobbe Martens. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

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