In the Eye of the Beholder: Court of Appeal Finds Duty of Care Owed by Owner and Contractors for Death of Minors Caused by Independent Truck Driver
May 05, 2026 —
Garret D. Murai - California Construction Law BlogI was a T.A. for my high school history teacher, a really smart and nice guy, Mr. Reynolds. In the room at the back of the classroom which served as his office he had
the picture above. It’s called “My Wife and My Mother-in-Law” and is taken from a German postcard from 1888. Depending on how you look it, you might see fashionable young lady, or an old lady.
Cases can sometimes be like that: You see what you want to see. The next case is also like that.
In
Lorenzo v. Calex Engineering, Inc., 110 Cal.App.5th 49 (2025), the 2nd District Court of Appeals reversed a motion for summary judgment granted in favor of an owner and its contractors in a case involving the death of two minors struck by a dump truck enroute to a non-permitted off-site staging area.
Read the full story...Reprinted courtesy of
Garret D. Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
How to Properly Fill Out and Use the Conditional Waiver and Release on Final Payment Form Used in California Construction
December 30, 2025 —
William L. Porter - Porter Law GroupThis is the third article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138.
Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys who revised those sections of the California Civil Code dealing with this release form and many other construction forms as part of Senate Bill 189 in 2010. I also wrote the first version of this release form and made it free to the public well before the new law took effect in 2012. With this background, let me note a few things about the Conditional Waiver and Release on Final Payment form to help you avoid mistakes that might prevent you from achieving the intended effect of the form or releasing claim rights to a greater extent than you intend.
At the end of this article is a copy of the form itself which includes numbers coinciding with the instructions I will give below. A live electronically fillable version of the form is available on our firm’s website (www.porterlaw.com) under the “Forms” section. It is free and you can fill it out on your screen before printing it out and signing it.
Read the full story...Reprinted courtesy of
William L. Porter, Porter Law GroupMr. Porter may be contacted at
bporter@porterlaw.com
Identifying Unfair Clauses in Construction Contracts
February 17, 2026 —
Curtis W. Martin - Peckar & Abramson, P.C.In 1979, virtually all projects were completed under form contracts. As I started practicing construction law, it seemed that most form contracts were generally fair. They were negotiated by industry groups and over the next 10-20 years they appeared to become fairer. We could and did compare provisions in the AIA documents, the Federal contract forms, and the EJCDC agreements. When we did, we found subtle differences, but broad similarities in their approach to contract risk allocation.
Today many (most?) private projects are done with “manuscript” contracts – instruments tailored to the owner’s interests. And many public entities have developed their own contracts. And not all those clauses seem so fair.
This month I focus on contract clauses that I consider unfair. And while unfairness, like beauty, may be in the eye of the beholder, I think that the clauses described below aptly fit that descriptor.
Read the full story...Reprinted courtesy of
Curtis W. Martin, Peckar & Abramson, P.C.Mr. Martin may be contacted at
cmartin@pecklaw.com
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
Read the full story...
EPA Proposes New WOTUS Definition, Narrowing Clean Water Act Jurisdiction
December 30, 2025 —
Patrick J. Paul, Chris P. Colyer & John Habib - Snell & WilmerOn November 17, 2025, the United States Environmental Protection Agency (EPA) published a proposed rule that would significantly narrow its regulatory authority over Waters of the United States (WOTUS). Under the new proposed WOTUS rule, EPA would effectively have jurisdiction only over relatively permanent waters and a smaller subset of directly connected wetlands.
The WOTUS definition outlines the geographic reach of the U.S. Army Corps of Engineers’ and EPA’s authority under the 1972 Clean Water Act to regulate streams, wetlands, and other water bodies. As such, it has been reviewed in boardrooms, courtrooms, and government offices for over fifty years. Most recently, on May 25, 2023, the U.S. Supreme Court issued its opinion in Sackett v. EPA. In Sackett, the Supreme Court determined that WOTUS are only (1) relatively permanent bodies of water, such as oceans, lakes, rivers, and streams; or (2) adjacent wetlands indistinguishable from those waters because of a continuous surface connection.
Reprinted courtesy of
Patrick J. Paul, Snell & Wilmer,
Chris P. Colyer, Snell & Wilmer and
John Habib, Snell & Wilmer
Mr. Paul may be contacted at ppaul@swlaw.com
Mr. Colyer may be contacted at ccolyer@swlaw.com
Mr. Habib may be contacted at jhabib@swlaw.com
Read the full story...
IEEPA Tariff Refunds: CBP Launches CAPE Process
April 27, 2026 —
David J. Creagan, Guido Antolini, Bruce W. MacLennan & Gary P. Biehn - White and Williams LLPOn April 20, 2026, U.S. Customs and Border Protection (CBP) launched the first phase of the Consolidated Administration and Processing of Entries (CAPE) tool in the Automated Commercial Environment (ACE) portal to administer refunds of duties imposed under the International Emergency Economic Powers Act (IEEPA) through a streamlined electronic filing process.
Background
In February 2026, the U.S. Supreme Court held that certain tariffs imposed under IEEPA were unlawful. Subsequent proceedings before the U.S. Court of International Trade required CBP to develop a scalable refund process applicable not only to litigants but also to non-plaintiffs. According to CBP and court filings, approximately 330,000 importers paid or deposited an estimated $166 billion in IEEPA duties across more than 53 million entries. In response, CBP developed CAPE as an electronic, consolidated refund mechanism within ACE.
Reprinted courtesy of
David J. Creagan, White and Williams LLP,
Guido Antolini, White and Williams LLP,
Bruce W. MacLennan, White and Williams LLP and
Gary P. Biehn, White and Williams LLP
Mr. Creagan may be contacted at creagand@whiteandwilliams.com
Mr. Antolini may be contacted at antolinig@whiteandwilliams.com
Mr. MacLennan may be contacted at maclennanb@whiteandwilliams.com
Mr. Biehn may be contacted at biehng@whiteandwilliams.com
Read the full story...
Agent Not Liable for Loss Given Insured’s Vague Instructions for Coverage
April 08, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe Illinois Appellate Court affirmed the district court’s grant of summary judgment to the insured’s agent because there was no breach of duty. Jon Van Order v. Hauk, et al., 2025 Ill. App. Unpub. LEXIS 2378 (Ill. Ct. App. Dec. 23, 2025).
The insured began renovating a vacant home in October 2018. He met with agent Joseph Hauk and explained the property was vacant and would be going through renovations for the next several months. Hauk then procured a policy through Shelter Insurance Company insuring the vacant property against several specified perils. The policy provided coverage for water damage if “[t]he exterior of the building sustained a covered loss” and “that loss created an opening through which the water entered.” Damage caused by escaping water from within a plumbing system was excluded if: (1) the damage was caused by a “continuous or repeated leakage over a period of fourteen days or more” or (2) the insured premises had been vacant for 30 consecutive days immediately preceding the loss.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be con
Attempt to Overrule Trial Court's Order to Produce Underwriting Manual FailsElon Musk’s Proposed Vegas Strip Transit System Advanced by City Council VoteMusk’s Cousins Battle Utilities to Make Solar Rooftops CheapMore Construction Defects for San Francisco’s Eastern Bay Bridge ExpansionCity of Aspen v. Burlingame Ranch II Condominium Owners Association: Clarifying the Application of the Colorado Governmental Immunity ActAB5, Dynamex, the ABC Standard, and their Effects on the Construction IndustryResearch Project Underway to Prepare Water Utilities for Wildfire EventsCGL Policy May Not Cover Cybersecurity and Data-Related LossesSigned, Sealed and (Almost) Delivered: EU Council Authorizes Signing of U.S. – EU Bilateral Insurance Agreement<
City Covered From Lawsuits Filed After Hurricane-Damaged Dwellings DemolishedCourt Rules That ERISA Preemption Bars Recovery of Union Benefit Fund Payments Pursuant to New York’s Wage Theft Statute from a General Contractor Where a Subcontractor Failed to Fund PaymentsMega-Consulate Ties U.S. to Convicted Billionaire in NigeriaNew York Instructs Property Carriers to Advise Insureds on Business Interruption CoverageRecent Developments in Legislative Efforts To Combat Climate ChangeLake Texoma, Texas Condo Case may go to TrialSales of New Homes in U.S. Increased 5.4% in July to 507,000Some Work Cannot be Included in a Miller Act ClaimOn-Site Supersensing and the Future of Construction Automation – Discussion with Aviad AlmagorCoffee Beans, Mars and the 50 States: Civil Code 1542 Waivers and Latent DefectsFirst Circuit Rejects Insurer’s “Insupportable” Duty-to-Cooperate Defense in Arson Coverage SuitOregon Codifies Tall Wood BuildingsUS Proposes Energy Efficiency Standards for Federal BuildingsWord of the Day: “Contractor”Address 'Your Work' Exposure Within CPrL Policies With Faulty Workmanship CoverageAhead of the Storm: Preparing for DorianEPA Proposes New WOTUS Definition, Narrowing Clean Water Act JurisdictionIll-fated Complaint Fails to State Claims Against Broker and FEMA2011 West Coast Casualty Construction Defect Seminar – RecapProfessor Stempel's Excpert Testimony for Insurer ExcludedGet Your Contracts Lean- Its Better than DietingRemote Trials Can Control Prejudgment RiskConstruction Materials Company CEO Sees Upturn in Building, Leading to Jobs'There Was No Fighting This Fire,' California Survivor SaysCalifornia Clarifies Its Inverse Condemnation StandardIs A Miller Act Payment Bond Surety Bound by A Default or Default Judgment Against Its Principal?How Labor Law Fraud in New York Works: A Step-by-Step Primer on the Latest Construction Accident SchemeDouble-Wide World Cup Seats Available to 6-Foot, 221-Pound FansPrimer Debuts on Life-Cycle Assessments of Embodied Carbon in BuildingsConstruction Feb. Jobs Jump by 61,000, Jobless Rate Up from Jan.Contractors Should Be Optimistic that the Best Value Tradeoff Process Will Be Employed by Civilian AgenciesSpearin Doctrine Can Apply in Design-Build ContextNo Coverage for Counterclaim Arising from Insured's Faulty WorkmanshipUnder New York Law a Recourse Provision Bars Most Claims Except for FraudNYC Landlord Accused of Skirting Law With Rent-Free Months OfferJean Nouvel’s NYC ‘Vision Machine’ Sued Over Construction DefectsCan a Receiver Prime and Strip Liens Against Real Property?Venue for Miller Act Payment Bond When Project is Outside of UsNewmeyer & Dillion Appoints Partner Carol Zaist as General CounselPartner Vik Nagpal is Recognized as a Top Lawyer of 2020Housing in U.S. Cools as Rate Rise Hits Sales: MortgagesOne More Mechanic’s Lien Number- the Number 30Colorado Court of Appeals Provides Guidance on What Arbitration-Related Orders are AppealableKahana Feld Partner Jeff Miragliotta and Senior Associate Rachael Marvin Obtain Early Dismissal of Commercial Litigation Cases in New York and New JerseyDrought Dogs Developers in California's Soaring Housing MarketWhat the FIU Bridge Collapse Says About Peer ReviewBusiness Interruption Insurance Coverage Act of 2020: Yet Another Reason to Promptly Notify Insurers of COVID-19 LossesCalifornia Court of Appeal Adopts Horizontal Exhaustion RuleDefining Construction DefectsBond Principal Necessary on a Mechanic’s Lien Claim
