BAPCHULE ARIZONA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Federal Court Highlights the Strategic Value of Additional Insured Coverage

June 22, 2026 — Michael S. Levine - Hunton Insurance Recovery Blog
A recent decision from the District of Maryland underscores a recurring—but often underutilized—opportunity for policyholders: securing and enforcing additional insured coverage under another party’s liability policy. In Charter Oak Fire Insurance Co. v. Builders Premier Insurance Co., the court held that an equipment lessor qualified as an additional insured under the lessee’s policy and was entitled to a primary defense. The decision is a useful reminder that additional insured coverage can fundamentally shift defense obligations and materially reduce a policyholder’s exposure. We build on the decision to highlight the practical steps policyholders should take to ensure that all potentially available insurance is identified and pursued. Read the full story...
Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth LLP
Mr. Levine may be contacted at mlevine@hunton.com

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Real Estate & Construction News Roundup (7/15/26) – The World Cup’s Effect on Commercial Real Estate, Megadeals Lift CRE Sales and Algorithmic Pricing Lawsuits Continue

July 27, 2026 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, DOT earmarks $1.73B in BUILD grants, federal housing bill becomes law, data center surge cools off, and more!

• Data center planning cooled off month over month from “extraordinary levels” to start the summer, while other areas of construction finally picked up a little steam. (Sebastian Obando, Construction Dive)
• The U.S. Department of Transportation announced $1.73 billion in 2026 BUILD grants covering 127 projects across 50 states, Washington, D.C., American Samoa, Guam and Puerto Rico. (Joe Bousquin, Construction Dive)
• As algorithmic pricing lawsuits continue to play out around the country, more apartment owners and managers have settled. (Julie Strupp, Multifamily Dive)

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

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Traub Lieberman Wins Affirmation of Judgment on Pleadings Before the Seventh Circuit

August 16, 2026 — Dana A. Rice & Adam P. Joffe - Traub Lieberman
Traub Lieberman Partners Dana Rice and Adam Joffe obtained affirmation of judgment from the Seventh Circuit Court of Appeals in favor of an Insurance Company. The Insurance Company filed suit seeking a declaration that it had no duty to defend or indemnify its Insured, a Roofing Contractor, in an underlying lawsuit. The Insurance Company issued a commercial general liability policy with a one-year policy term. The policy included an exclusion that barred coverage for any losses arising out of work the insured completed before the date the policy incepted. Reprinted courtesy of Dana A. Rice, Traub Lieberman and Adam P. Joffe, Traub Lieberman Mr. Rice may be contacted at drice@tlsslaw.com Mr. Joffe may be contacted at ajoffe@tlsslaw.com Read the full story...

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A Green Light for Housing? What Executive Order 14394 Means for Your Next Project

May 26, 2026 — Bennett Houck, Miranda Martinez & Byron Sarhangian - Snell & Wilmer
On March 13, 2026, President Trump signed Executive Order 14394, “Removing Regulatory Barriers to Affordable Home Construction” (the “Order”). The Order directs federal agencies to reduce regulatory burdens on residential development, streamline environmental permitting, and encourage state and local governments to adopt housing-friendly policies. The Order includes several key provisions that developers and homebuilders should be aware of moving forward. Key Provisions The Order targets four main areas: 1. Federal Environmental Regulations First, it directs the Secretary of the Army and Environmental Protection Agency (EPA) to revise permitting standards, including stormwater permits, wetlands permits under Section 404 of the Clean Water Act, and related construction-site requirements. The Order also targets energy-efficiency mandates for U.S. Department of Housing and Urban Development (HUD) and U.S. Department of Agriculture (USDA) financed housing. For developers and homebuilders, these revisions could reduce project delays and compliance costs associated with stormwater management, wetlands mitigation, and energy-efficiency upgrades, expenses that often add significant time and cost to residential development projects. Reprinted courtesy of Bennett Houck, Snell & Wilmer, Miranda Martinez, Snell & Wilmer and Byron Sarhangian, Snell & Wilmer Mr. Houck may be contacted at bhouck@swlaw.com Ms. Martinez may be contacted at mimartinez@swlaw.com Mr. Sarhangian may be contacted at bsarhangian@swlaw.com Read the full story...

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California Poised for the Most Significant Residential Construction Defect Reforms in Decades

September 01, 2026 — Thomas D. Fama & Andrew J. Mallon - Wood Smith Henning Berman
The California Legislature is considering legislation that would dramatically alter the landscape of residential construction defect litigation. Assembly Bill 1903, currently pending before the Senate Judiciary Committee, proposes extensive amendments to California's Right to Repair Act (Civil Code sections 895-945.5) that would substantially strengthen procedural protections for builders while narrowing the scope of recoverable construction defect claims. If enacted, the legislation would affect virtually every stage of a construction defect dispute- from the initial notice of claim through litigation and settlement- and would introduce an entirely new certification process for newly constructed condominium projects. This article details some of the most significant proposed changes. Higher Burden for Construction Defect Plaintiffs Perhaps the most consequential change is the bill's modification of the proof required to establish liability. current law generally requires a claimant to demonstrate the residence fails to satisfy one of the statutory performance standards established under the Right to Repair Act. AB1903 would instead require claimants to establish three separate elements:

• A violation of an applicable statutory performance standard;
• The violation caused appreciable, present, non-speculative physical damage to another building component; and
• The violation resulted from the original construction.

Reprinted courtesy of Thomas D. Fama, Wood Smith Henning Berman and Andrew J. Mallon, Wood Smith Henning Berman Mr. Fama may be contacted at tfama@wshblaw.com Mr. Mallon may be contacted at amallon@wshblaw.com Read the full story...

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Lewis Brisbois Welcomes Clients and Community Leaders to New Garden City Office Opening

July 27, 2026 — Lewis Brisbois
On July 15, Lewis Brisbois hosted a ribbon-cutting event for its new Garden City office, which opened in April to serve the Long Island community and beyond. The event was attended by more than 100 people, including Lewis Brisbois attorneys and staff as well as clients, local business and government leaders, Nassau County Supreme Court judges, and members of the press. Nassau County Executive Bruce Blakeman delivered remarks and cut the ribbon for the office. Read the full story...
Reprinted courtesy of Lewis Brisbois

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OC Streetcar Project Mediation Sets $50M Payment to Walsh

July 20, 2026 — Richard Korman - Engineering News-Record
Walsh Construction told a California state court judge last month that lawsuit mediation of its claims on an Orange County light-rail project—known as OC Streetcar—had produced a settlement of some claims under which the county agreed to pay the contractor almost an additional $50 million. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

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U.S. Supreme Court Decision Alters Course of $745M Louisiana Coastal Damage Judgment

June 15, 2026 — Jennifer Kretschmann & Jennifer E. Michel - Lewis Brisbois
The U.S. Supreme Court has issued a unanimous decision allowing oil and gas companies to move Louisiana coastal erosion lawsuits from state court to federal court under the federal officer removal statute. While the ruling is procedural, it carries significant implications for environmental- and energy-related risks. The case, Chevron U.S.A. Inc. v. Plaquemines Parish, Louisiana, Slip Op. 24-813 (April 17, 2026), addressed a threshold jurisdictional question but has broader significance for environmental and climate related litigation. State courts are often viewed as more favorable forums for plaintiffs asserting environmental damage claims, particularly those brought by governmental entities. The opinion issued on April 17, 2026 is the latest development in long-running Louisiana coastal litigation that began more than a decade ago. Starting in 2013, Louisiana parishes filed 42 lawsuits against oil and gas companies alleging environmental damage related to historic oil field operations. The parishes alleged that oil and gas companies violated state coastal management laws by failing to properly restore impacted areas. Chevron sought to remove the cases from state court under 28 U.S.C. § 1442(a)(1), known as federal officer removal, which provides federal jurisdiction over “any person acting under [an] officer” of the United States "for or relating to any act under color of such office." The Fifth Circuit rejected the argument and remanded the case, and others like it, to state court. Trial began in March 2025 in Point à la Hache, Louisiana. On April 4, 2025, the jury awarded a total of $745 million to compensate for land loss, contamination and abandoned equipment. On June 16, 2025, the U.S. Supreme Court agreed to review the question of whether a federal contractor can remove to federal court when sued for oil-production activities undertaken to fulfill a federal oil-refinement contract. Reprinted courtesy of Jennifer Kretschmann, Lewis Brisbois and Jennifer E. Michel, Lewis Brisbois Ms. Kretschmann may be contacted at Jennifer.Kretschmann@lewisbrisbois.com Ms. Michel may be contacted at Jenny.Michel@lewisbrisbois.com Read the full story...

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