Generic Complaint Alleging Bad Faith is Insufficient
August 24, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe federal district court granted the insurer’s motion for judgment on the pleadings after determining that the insured’s claims for bad faith and unfair claims settlement practices were insufficiently pled. Navia v. State Farm Fire & Cas. Co., 2026 U.S. Dist. LEXIS 111261 (W.D. N. C. May 20, 2026).
The insured submitted a claim for damages to real property owned by the insured allegedly caused by Hurricane Helene. State Farm advised the insured that only some of the claimed damages were covered by the policy and payment for such damages were denied because the estimate for the covered damages did not exceed the policy’s deductible. The insured sued asserting claims for breach of contract, bad faith, and unfair claim settlement practices.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
One Year In: A Look at the Initial Impacts of LEED v5 on the Built Environment
October 20, 2026 —
Eric Haggstrom - Construction ExecutiveAs federal
climate policies shift, the built environment has entered a period of uncertainty where developers, designers and owners need to find pragmatic, forward-looking approaches to sustainability. A year after its launch on April 28, 2025,
LEED v5 is helping lead that charge by pushing the industry toward a stronger long-term focus on carbon reduction, climate resilience and building performance. The framework of this certification provides a snapshot of the current state of the industry and an indication of where it may be headed in the future.
LEED v5’s introduction has helped to begin reframing and informing the approaches of both mission-driven and cost-conscious clients, providing a framework to align their decisions more closely with sustainable priorities by emphasizing carbon reduction, energy efficiency and electrification. These standards can help teams make investments strategically by phasing in upgrades, planning for future technologies and demonstrating how the rating system is influencing long-term decision-making across projects.
Reprinted courtesy of
Eric Haggstrom, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Federal Court Strikes Down New York’s Climate Superfund Act: What It Means for the “Polluter Pays” Movement
September 28, 2026 —
Amanda G. Halter, Ashleigh K. Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law BlogA federal judge in the Northern District of New York has struck down New York’s
Climate Change Superfund Act, ruling that the “polluter pays” climate law is preempted by federal law and “simply beyond the limits of state law.” The court concluded that the Clean Air Act (CAA) does not authorize New York’s compensation scheme, which calculates liability based on greenhouse gas (GHG) emissions attributable to worldwide fossil fuel extraction and refining. It separately held that any cost-recovery demand against a foreign producer would be preempted under the constitutional foreign affairs doctrine, which limits state intrusion into matters committed predominantly to the federal government. The court directed the parties to file a status report by September 14, leaving the form of further relief unresolved. In practical terms, the court has decided that the Act is preempted and cannot be enforced but has not yet determined the precise terms of its final order, including whether to formally enjoin its enforcement.
The
decision in West Virginia v. James, Case No. 1:25-cv-00168 (N.D.N.Y. Aug. 31, 2026), issued by Chief U.S. District Judge Brenda K. Sannes, who was appointed by President Obama, marks the first judicial invalidation of a state climate superfund statute and carries significant implications for the
climate superfund landscape and the three remaining
lawsuits challenging these laws.
Reprinted courtesy of
Amanda G. Halter, Pillsbury,
Ashleigh K. Myers, Pillsbury and
Jillian Marullo, Pillsbury
Ms. Halter may be contacted at amanda.halter@pillsburylaw.com
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
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Hidden Risks Behind Today’s Stadium Construction Boom
July 20, 2026 —
Thomas Strong, Andrew Canning & Marc Gnesin - Construction ExecutiveAfter a decade-plus lull, professional sports leagues, universities and municipalities are once again spending heavily on new
stadiums and major renovations. In the NFL alone, multiple marquee projects are underway or planned, representing more than $10 billion in facilities and mixed-use entertainment districts, rivaling or exceeding the scale of development during the last stadium-build cycle of the early 2000s.
Beneath the excitement of architectural ambition and civic pride lies a risk landscape that has fundamentally changed since the last wave of stadium construction. Teams, cities and contractors that rely on outdated assumptions may find themselves exposed to cost overruns, schedule delays and liabilities that are far more difficult to unwind once construction is underway.
Reprinted courtesy of
Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Your AI Tool Could Be Your Next Breach of Contract
October 20, 2026 —
Laurie Choi & Christian Fernandez - Snell & WilmerLike many industries, the construction industry is rapidly adopting artificial intelligence. AI-powered tools now help construction teams estimate costs, transcribe meetings, summarize RFIs, model schedules, and manage project documents faster than ever before. But amid this rush toward efficiency, a serious risk hides in plain sight: every time project documents are uploaded into a third-party AI tool, contractual confidentiality obligations may be implicated — or outright breached — exposing companies to potentially substantial and uncapped liability.
General contractors often face strict confidentiality and nondisclosure obligations, whether under the prime construction contract or a separate NDA. This is especially true for complex projects or those involving proprietary technology — such as data centers, medical or scientific facilities, and energy generation and storage facilities. These confidentiality clauses typically define “confidential information” broadly to encompass all non-public information provided for the project, including plans, specifications, pricing, schedules, RFPs, and even the contract terms themselves. These confidentiality obligations almost always flow down to subcontractors.
Reprinted courtesy of
Laurie Choi, Snell & Wilmer and
Christian Fernandez, Snell & Wilmer
Ms. Choi may be contacted at lchoi@swlaw.com
Mr. Fernandez may be contacted at cfernandez@swlaw.com
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Congratulations to Reno Partner Karen Baytosh for Securing a Complete Dismissal via a Motion for Summary Judgment
July 13, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPBWB&O is proud to announce that Reno Partner Karen Baytosh received a significant victory on behalf of the firm’s Developer Client in a high-exposure personal injury matter.
Plaintiff, a teenager, was struck by an intoxicated driver while walking her dog at night, sustaining catastrophic injuries requiring 24-hour critical care for the remainder of her life. Plaintiff’s Guardian brought suit against the drunk driver and her husband, the City, and BWB&O’s Developer Clients, alleging that the City and Developers failed to improve street lighting and install a sidewalk that would have prevented the accident.
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Bremer Whyte Brown & O'Meara LLP
Credibility Matters…Even in Delay Claims
September 29, 2026 —
David Adelstein - Florida Construction Legal UpdatesCredibility matters. Here’s another example involving a delay claim on public private partnership delivery method.
The project agreement required claims to be tried by a hearing examiner. The public private partnership developer (for lack of a better term) submitted delay claims that it contended were caused by Miami-Dade County. The hearing examiner awarded the developer delay time and compensation. On appeal, the County argued that the delays awarded by the hearing examiner were concurrent critical path delays with other delays caused by the developer’s team (the developer’s contractor). This was demonstrated by the fact that in an attempt to mitigate the County delay, the contractor’s incorporated a schedule fragnet into its schedule to mitigate delay that showed the critical path was driven by events deemed caused by the contractor. This was also reported in the contractor’s monthly updates. The developer argued that its mitigation plan did not work and, thus, the schedules showed a hypothetical delay caused by the contractor when, in actuality, it was the County-caused delay that drove the critical path. The hearing officer agreed with the contractor.
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David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
How Engineers Will Determine Why NYC's Pfizer HQ Conversion Buckled
July 13, 2026 —
Bryan Gottlieb - Engineering News-RecordConstruction crews have stabilized the former Pfizer headquarters redevelopment in Midtown Manhattan after two load-bearing structural columns buckled on the 21st floor July 7.
The focus has now shifted from emergency response to determining what caused the office-to-residential conversion to suffer a major structural failure.
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