Anti-Concurrent Causation Clause Prevents Coverage for Collapse
April 27, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe 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 HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Don’t Hire Me! (Principle Is Expensive, and Lawsuits Based on Principle Are Even More Expensive)
February 10, 2026 —
Melissa Dewey Brumback - Construction Law in North CarolinaI spend a lot of time trying to convince my clients to NOT hire me. I’m not crazy—let me explain. Litigation is costly. Very costly. And it is time consuming. Don’t get me wrong—I will go to Court and fight just as hard as you want me to, but I want you to know what you are facing before you go down that road.
Now, obviously, if you are the one that is being sued, you have no choice but to defend yourself and your Firm. But if you are considering suing someone else, think long and hard about it before you pull the trigger. There are ways to reduce cost, time, and risk: for example, pre-suit or early mediation, or agreeing to arbitration in lieu of trial. But I always want my clients to know that real law is not like Law & Order. Things take time. A trial is often a year or more away from when you first file the lawsuit. Make your decisions on not just your heart, but your economic brain as well.
Read the full story...Reprinted courtesy of
Melissa Dewey Brumback, Ragsdale Liggett PLLCMs. Brumback may be contacted at
mbrumback@rl-law.com
EPA and Army Corps Propose Revised Definition of “Waters of the United States”
December 30, 2025 —
Ashleigh Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law BlogFor decades, the phrase “waters of the United States” (WOTUS) has dictated whether a wetland, stream, or pond falls within federal jurisdiction under the Clean Water Act (CWA). Two years and a change in administration later, EPA and the U.S. Army Corps of Engineers have returned with a new proposal aimed at aligning the rulebook with the Supreme Court’s 2023 decision in Sackett v. EPA and restoring a degree of predictability to one of the most litigated terms in environmental law.
According to EPA Administrator Lee Zeldin and Assistant Secretary of the Army for Civil Works Adam Telle, the proposal represents a “faithful” implementation of Sackett, one that narrows federal reach to waters that are relatively permanent and wetlands that are indistinguishably connected to them. The agencies call it a step toward clarity and economic growth; others will undoubtedly call it a new chapter in an ongoing jurisdictional saga.
Reprinted courtesy of
Ashleigh Myers, Pillsbury and
Jillian Marullo, Pillsbury
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
Read the full story...
Kahana Feld Earns Recognition in Five Practice Areas in 2026 Best Law Firms® Rankings
December 15, 2025 —
Eva Paulson - Kahana FeldIRVINE, CA – Nov. 6, 2025 – Kahana Feld is pleased to announce that the firm has been recognized across five practice areas in the 2026 edition of Best Law Firms®. Now in its 16th year, Best Law Firms provides a comprehensive guide to the top-performing firms across 127 practice areas and 188 local jurisdictions.
A listing of Kahana Feld’s 2026 rankings follows:
Orange County
- Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (Metropolitan Tier 2)
- Litigation – Real Estate (Metropolitan Tier 3)
- Real Estate Law (Metropolitan Tier 3)
New York City
- Litigation – Insurance (Metropolitan Tier 3)
Houston
- Personal Injury Litigation – Defendants (Metropolitan Tier 3)
Read the full story...Reprinted courtesy of
Eva Paulson, Kahana FeldMs. Paulson may be contacted at
epaulson@kahanafeld.com
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...
Real Estate & Construction News Roundup (11/5/25) – Apartment Conversion Projects Surge, Targeted AI in Real Estate Increases and Hotel Lobby Urge End of Government Shutdown
December 02, 2025 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, government shutdown affects contractors, hotel construction stays flat, and more!
- The total U.S. hotel construction pipeline stayed relatively flat year over year in the third quarter of 2025, while brand conversions saw record-high project totals. (Lara Ewen, Construction Dive)
- Construction attorneys say some federal jobs during the government shutdown may require contractors to keep working, even if they’re not getting paid. (Sebastian Obando, Construction Dive)
- The government shutdown has resulted in an estimated $650 million in lost hotel business, with each day of the shutdown costing the economy $31 million “in activity that would’ve been generated by hotel stays.” (Lara Ewen, Hotel Dive)
Read the full story...Reprinted courtesy of
Pillsbury's Real Estate & Construction Law Team
Thomson Reuters Construction Law (Virginia Practice Series)
March 31, 2026 —
Jennifer L. Harris & Michael A. Branca - Peckar & Abramson, P.C.P&A Partners Michael A. Branca and Jennifer L. Harris have authored the most recent edition (2025) of Construction Law (Virginia Practice Series), part of Thomson Reuters’ ProView legal reference library. Associate
Julia Loudenburg also provided substantial assistance for this edition.
Construction Law includes summaries and analysis of statutes, regulations, and cases. It covers all major legal issues, including:
- Licensing
- Building code compliance
- Public-private partnerships
- Public contract bidding and performance
- Dispute resolution
- Damages
- Third-party liability
- Liens and bonds
Reprinted courtesy of
Jennifer L. Harris, Peckar & Abramson, P.C. and
Michael A. Branca, Peckar & Abramson, P.C.
Ms. Harris may be contacted at jharris@pecklaw.com
Mr. Branca may be contacted at mbranca@pecklaw.com
Read the full story...
Construction and Design Contracts—They Are More Important Than You Might Think! (Law Note)
January 26, 2026 —
Melissa Dewey Brumback - Construction Law in North CarolinaAs regular readers of this Blog know, contracts are extremely important for all parties involved in a construction project. While
verbal contracts can be enforced, a
written contract, which is finely-tuned to your specific project, can save you a lot of time and money later on if the proverbial poo hits the fan.
I recently read AIA’s take on contracts, in their Construction Risk Brief (which you should
subscribe to [free] if you have not already). Their featured article is on “
Best Practices for Construction Contracts”. In the piece, they discuss 7 key points to address in each contract. I concur for the most part, although want to point out that some of them (such as the regular monitoring and
documentation bullet point) are deserving of their own post, as there is a *lot* that can and does go wrong during the
construction administration phase.
Read the full story...Reprinted co
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