Celebrating BWB&O’s 2026 Super Lawyers Rising Stars in San Diego!
March 31, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPBremer Whyte Brown & O’Meara, LLP is proud to announce that Partners
Jocelyn Russo,
Christina Matian, and Associate
Angelo Perillo have been named to the Super Lawyers 2026 San Diego Rising Stars list. This recognition highlights their outstanding dedication and distinguished service in Family Law, Civil Litigation, and Personal Injury Litigation.
SUPER LAWYERS
Jocelyn Russo: 2023-2026
Christina Matian: 2024-2026
Angelo Perillo: 2024-2026
Read the full story...Reprinted courtesy of
Bremer Whyte Brown & O’Meara, LLP
Damage from Frozen Pipes Excluded from Coverage
March 31, 2026 —
Tred R. Eyerly - Insurance Law HawaiiApplying Texas law, the federal district court found there was no coverage for damage to the insured’s commercial building due to the bursting of frozen pipes. Barona v. State Farm Lloyds, 2025 U.S. Dist. LEXIS 257379 (S.D. Texas Dec. 12, 2025).
Freezing weather froze Barona’s plumbing fixtures, causing significant water damage to the commercial property when the plumbing eventually expanded and burst. State Farm sent an inspector. During the inspection, Barona stated that he turned off the heat to his building but did not shut off the water supply or drain the pipes. State Farm denied covered based on the policy’s exclusion for frozen plumbing.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Delay Matters: Florida’s Fourth DCA Reverses Hurricane Irma Dismissal
June 08, 2026 —
Andrea DeField, Machaella Reisman & Cary D. Steklof - Hunton Insurance Recovery BlogThe mantra “delay, deny, defend” is frequently referenced in discussions of insurance claims handling, though insurers will invariably disavow these tactics. While it would be facially improper for an insurer to delay a coverage decision to gain a tactical advantage, empirical examples nonetheless exist. This very dynamic was addressed by Florida’s Fourth District Court of Appeals when it handed policyholders a win in
Hypoluxo Mariner’s Cay Condo. Assoc’n, Inc. v. Underwriters at Lloyd’s London, No. 4D2024‑2250 (Fla. 4th DCA Apr. 1, 2026), reversing a trial court order dismissing a condominium association’s Hurricane Irma coverage lawsuit against its property insurer.
Delay to Run the Statute of Limitations
Following Hurricane Irma, a condominium association suffered roof and exterior envelope damage, reported an insurance claim, and submitted a sworn proof of loss to its property insurer in compliance with Florida Statute § 627.70132 (2020). The statute establishes a timeframe within which a policyholder must submit a claim for hurricane damage.
Reprinted courtesy of
Andrea DeField, Hunton Andrews Kurth LLP,
Machaella Reisman, Hunton Andrews Kurth LLP and
Cary D. Steklof, Hunton Andrews Kurth LLP
Ms. DeField may be contacted at adefield@hunton.com
Ms. Reisman may be contacted at reismanm@hunton.com
Mr. Steklof may be contacted at csteklof@hunton.com
Read the full story...
The Deadline to File Suit on a Public Works Payment Payment Bond is Triggered by a Claimant’s Work on a Project Not by a Claimant’s Work Under a Contract
June 02, 2026 —
Garret D. Murai - California Construction Law BlogCalifornia law requires that prime contractors furnish a payment bond – providing for payment to lower-tiered subcontractors and suppliers – on state and local public works projects with a value in excess of $25,000. There are three conditions that must be satisfied when a claimant makes a claim against a payment bond on a public works project in California:
- First, generally, the claimant must have served a preliminary notice, unless the claimant is a first-tier subcontractor or supplier;
- The claimant must have “ceased to provide work” on the project; and
- The claimant must file suit against the payment bond no later than six (6) months after the period in which a stop payment notice must be given or, in other words, the earlier of 270 days after completion of the public works project or 210 days after a notice of completion or cessation was recorded on a public works project.
In
Tarlton & Sons, Inc. v. Great American Insurance Company, 111 Cal.App.5th 376 (2025), the 2nd District Court of Appeal examined whether a subcontractor timely filed a claim against a payment bond when a prime contractor was terminated and replaced by another prime contractor who the subcontractor continued to perform work for.
Read the full story...Reprinted courtesy of
Garret D. Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
We Won’t Permit That Excuse!
June 23, 2026 —
Curt Martin & Richard Eiszner - ConsensusDocsA Texas appellate court recently ruled that a building permit wasn’t a condition precedent for a construction project. That caught our attention. Can you build a commercial project without a permit?
But as we read the case, we see the court’s reasoning. And it reminds us of an important legal principle that should inform our contract drafting and negotiation.
The case was a civil suit brought by the project owner against its tenant improvement contractor for work on a medical spa. The owner claimed that the contractor didn’t perform the work properly and didn’t finish construction. The contractor argued that delays and problems were caused by the owner, alleging numerous failures, including the owner’s failure to secure a building permit.
Reprinted courtesy of
Curt Martin, Peckar & Abramson, P.C. and
Richard Eiszner, Peckar & Abramson, P.C.
Mr. Martin may be contacted at cmartin@pecklaw.com
Mr. Eiszner may be contacted at reiszner@pecklaw.com
Read the full story...
Georgia HB 676: A Bill Property Owners and Contractors Should Watch
March 24, 2026 —
Robert Lafayette - The Construction SeytProperty owners, contractors, and others dealing with mechanics and materialmen’s liens in Georgia should keep an eye on
HB 676, which is currently making its way through the Georgia General Assembly. The bill aims to curb misuse of the lien process and provide additional remedies to those challenging a frivolous lien filing.
What HB 676 Would Do
HB 676 would add a new Code section (O.C.G.A. § 44-14-366.6) to the mechanics and materialmen’s lien statutes. If a lien is filed “without substantial justification or that is not made in good faith or that is made with malice or a wrongful purpose,” this new Code section would impose a fine of $1,500 per lien on the lien claimant, in addition to any attorney’s fees or court costs incurred by the party challenging the lien.
Read the full story...Reprinted courtesy of
Robert Lafayette, Seyfarth Shaw LLPMr. Lafayette may be contacted at
rlafayette@seyfarth.com
$356 Million Judgement Against Developer for Defective Construction of DC Condominium
August 16, 2026 —
Nicholas D. Cowie - Cowie Law GroupOn July 31, 2026, the Superior Court of the District of Columbia entered a $356,085,513.00 judgment against developers JBG Smith for defective construction and renovation of the Wardman Tower Residential Condominium in Washington, D.C. The case is Wardman Tower Residential Condominium Unit Owners Association v. JBG Smith Properties, et al., No. 2020 CA 004807 B (D.C. Super. Ct.). In a 148-page
Trial Order, the D.C. Superior Court awarded $118,695,171.00 in damages in favor of the condominium association and against the condominium developers, including JBG Smith. The Court trebled those damages pursuant to the District of Columbia Consumer Protection Procedures Act (“CPPA”) to reach an ultimate judgment of $356,085,513.00. See Cowie Law Group:
DC Condominium Construction Defects: Recovering Att
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