Appraisal Award Upheld Despite Insurer’s Contention that Causation was Considered
February 23, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe federal district court in Tennessee granted the insured’s motion for summary judgment finding the appraisal award was properly determined despite the insurer’s argument that the appraisal panel considered causation of the loss. Nashville Communications, Inc. v. Auto-Owners (Mutual) Ins. Co., 2025 U.S. Dist. LEXIS 223455 (M.D. Tenn. Nov. 13, 2025)
A windstorm struck and damaged the building owned and insured by Nashville Communications (NashComm). A claim was submitted to the insurer, Auto-Owners, for damage to the roof and interior water leakage. Auto-Owners acknowledged that there was some amount of wind damage to the building from the wind event.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Arbitration Provision Must Be Incorporated into a Bond for Surety to Elect Arbitration
March 03, 2026 —
David Adelstein - Florida Construction Legal Updates“Sureties cannot exercise unilateral election rights that are reserved for the principal of the underlying contract.” Anderson Service Corp. v. Old Republic Surety Company, 2026 WL 61436, *2 (Fla. 4th DCA 2026). This was the holding in a recent case dealing with arbitration.
In this case, a subcontractor entered into a contract with a contractor that gave the contractor the right to elect arbitration in Pennsylvania. A dispute arose and the subcontractor recorded a construction lien. The contractor transferred the lien to a lien transfer bond under Florida law. (The contractor was the principal of the lien transfer bond.) The lien transfer bond surety then moved to compel the subcontractor to arbitration based on the underlying subcontract. The trial court agreed to compel arbitration but this was reversed on appeal.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
The GKN Aerospace Chemical Release and the Laws Designed to Address It
July 06, 2026 —
Sean M. Sherlock - Snell & WilmerOn May 21, 2026, a 34,000-gallon storage tank at the GKN Aerospace facility in Garden Grove, California began leaking methyl methacrylate (MMA), a volatile and highly flammable industrial chemical used to manufacture high-strength acrylic plastics. GKN Aerospace makes advanced military and commercial transparencies, such as aircraft canopies, windshields, cabin windows, bullet-resistant glass, and spacecraft windows.
In polymer chemistry lingo, MMA is known as a monomer. Monomers are like individual links to a chain. Under the right conditions they link up (react) with each other to form long-chained polymers, or plastics. MMA is an unstable monomer that requires controlled storage conditions to avoid setting off a polymerization (chain) reaction.
According to early reports, the MMA tank at GKN Aerospace overheated. The cause of the overheating is not yet clear, but the overheating may have created conditions enabling the MMA to initiate polymerization, which in turn generated heat, which in turn generated pressure, activating the tank’s pressure-relief system and releasing MMA vapor into the atmosphere. Concerns about a runaway reaction, massive release, and explosion led the Orange County Fire Authority to order evacuation of approximately 40,000 residents and closure of thirteen schools.
Read the full story...Reprinted courtesy of
Sean M. Sherlock, Snell & WilmerMr. Sherlock may be contacted at
ssherlock@swlaw.com
Safeguarding Your Privileged Construction Information With a Clawback Agreement
June 08, 2026 —
Laura Fraher - Construction ExecutiveFor contractors and construction executives, a
dispute that escalates to litigation brings risks that go well beyond the jobsite. When a dispute escalates to litigation, the attorney-client privilege is a critical protection to safeguard your interests. Disclosing privileged material can undermine your litigation position and, in some cases, negatively impact your business. In the construction context, this often includes sensitive communications about project delays, defect investigations, safety incidents or payment disputes—materials that can significantly impact both liability and reputation.
During litigation, the discovery process requires the exchange of documents and data with your adversary. If privileged materials are disclosed to your adversary during discovery you risk the waiver of your privilege, which in plain terms means you lose the protection of the privilege and make the privileged information, and in some cases all other information related to the same subject matter, available to your adversary. It is critical that your attorney take steps to protect against the unintentional disclosure of privileged materials during discovery to avoid a waiver.
Reprinted courtesy of
Laura Fraher, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...Ms. Fraher may be contacted at
lfraher@barclaydamon.com
Insurer Dispenses with Bad Faith Claim on Summary Judgment
June 22, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe court granted the insurer’s motion for partial summary judgment because the insured failed to present evidence that the insurer failed to conduct a reasonable investigation. PSY Burger, LLC v. State Farm General Insurance Company, 2026 U.S. Dist. LEXIS 66991(C.D. Cal. March 20, 2026).
The insured’s commercial property suffered heavy damage from tropical storm Hilary. State Farm denied coverage to repair the damage. The insured sued State Farm alleging breach of contract and bad faith due to an inadequate investigation. Apparently, the insured did not retain an expert to opine on claims handling.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Congratulations to BWB&O’s 2026 Super Lawyers and Rising Stars Honorees!
February 23, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPBremer Whyte Brown & O’Meara, LLP is proud to announce that Partners
Nicole Whyte,
Keith Bremer,
John Toohey, and
Tyler Offenhauser have been named to the 2026 Southern California Super Lawyers list. Notably, Nicole Whyte was also selected to the Top 50 Orange County Super Lawyers list, an honor reflecting her outstanding work, leadership, and impact in the legal community.
Partners
Kyle Riddles and
Courtney Serrato, along with Associate Kevin Moore, were also recognized as 2026 Southern California Super Lawyers Rising Stars.
Read the full story...Reprinted courtesy of
Bremer Whyte Brown & O'Meara LLP
4th Department Narrowly Interprets Professional Services
August 11, 2026 —
Craig Rokuson - Traub LiebermanIn the recent case of Cty. of Erie v. Selective Ins. Co. of Am., 2026 NY Slip Op 04092 (App. Div. 4th Dept.), New York’s Appellate Division, Fourth Department held that a general liability carrier for a construction manager owed additional insured coverage to the County of Erie, notwithstanding an exclusion in the construction manager’s policy for injuries arising out of professional services.
The underlying case involved injuries sustained when the underlying plaintiff fell off of her bicycle at a park owned by the County when she transitioned from the pavement edge to grass.
Read the full story...Reprinted courtesy of
Craig Rokuson, Traub LiebermanMr. Rokuson may be contacted at
crokuson@tlsslaw.com
Inaccurate Representations Can Lead to Differing Site Conditions Claim
May 26, 2026 —
David Adelstein - Florida Construction Legal UpdatesIn the
prior posting, I discussed a case dealing with a differing site condition. In that case, the owner did not have an affirmative duty to make a representation and there was no inaccurate representation made by the owner that misled the contractor.
Well, what about when there is an inaccurate misrepresentation regarding the site? This was the circumstance in an older Florida case where a dredging contractor had a successful differing site conditions claim. See Jacksonville Port Authority v. Parkhill-Goodloe, Co., Inc., 362 So.2d 1009 (Fla. 1st DCA 1978).
The government provided inaccurate information as to the lack of rock that would be encountered during the dredging that was relied on by the dredging contractor. But the government had “
superior knowledge” that there was rock in an adjacent location based on a prior claim from a contractor, yet the government did not disclose the possibility that rock could be encountered.
Read the full story...Reprinted courtesy of
OSHA Fines Alabama Contractor After Site Manager ElectrocutedReference to "Man Made" Movement of Earth Corrects AmbiguityThat’s a Wrap! Pennsylvania Court Holds Arbitration Clause in Online Agreement UnenforceableUtah Supreme Court Allows Citizens to Block Real Estate Development Project by Voter ReferendumBuilding Group Has Successful 2012, Looks to 2013Insurer in Bad Faith Due to Adjuster's Failure to Keep Abreast of Case LawWant to Stay Up on Your Mechanic’s Lien Deadlines? Write a Letter or TwoCalifornia Court of Appeal Holds a Tenant Owes No Duty to Protect a Social Guest From a Defective Sidewalk Leading to a Condominium UnitNevada Court Adopts Efficient Proximate Cause DoctrineNo Bond, No Recovery: WA Contractors Must Comply With WA Statutory Requirements Or Risk Being Barred From Recovery If Their Client Refuses To PayNavigating Disruption to Construction Projects Flowing From the America First Trade PolicyCondo Building Hits Highest Share of Canada Market Since 1971Settling with Some, But Not All, of the Defendants in a Construction Defect CaseGenerally, What Constitutes A Trade Secret Is A Question of FactCourt Agrees to Stay Coverage Matter While Underlying State Action is PendingTo Catch a ThiefLos Angeles Seeks Speedier Way to Build New Affordable HomesContractor Jailed for Home Repair FraudNavigating Federal Government Contracts Under Newly Imposed TariffsBe Careful with Continuous Breach and Statute of LimitationsFlorida Condos Bet on Americans Making 50% Down PaymentsCity Covered From Lawsuits Filed After Hurricane-Damaged Dwellings DemolishedFaulty Workmanship may be an Occurrence in Indiana CGL PoliciesOfficial Tried to Influence Judge against Shortchanged SubcontractorNew York’s Highest Court Weighs in on N.Y. Labor LawConcurrent Causation Doctrine Applies Where Natural and Man-made Perils Combine to Create LossIdentifying and Accessing Coverage in Complex Construction ClaimsMega-Consulate Ties U.S. to Convicted Billionaire in NigeriaInsurer's Judgment on the Pleadings Based Upon Expected Injury Exclusion ReversedDon’t Do this When it Comes to Construction LiensDiffering Site Conditions: What to Expect from the Court When You Encounter the UnexpectedGoldman Veteran Said to Buy Mortgages After Big Short“Source of Duty,” Tort, and Contract, Oh My!Ninth Circuit Affirms Duty to Defend CERCLA Section 104 (e) LetterPrecast Standards' Work Under Way as Brittle Fracture Warnings AiredBanks Rejected by U.S. High Court on Mortgage Securities SuitsTennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is UnreasonableProper Disposition of Subcontractor Pass Through Claims Essential to Managing General Contractor’s RiskBoilerplate Contract Language on Permits could cause Problems for ContractorsContractor Haunted by “Demonized” FlooringPalo Alto Proposes Time Limits on Building PermitsTexas Federal Court Delivers Another Big Win for Policyholders on CGL Coverage for Construction-Defect Claims and “Rip-and-Tear” DamagesHow To Spot a Bad Contractor Before It’s Too Late – Part 1Florida Lawmakers Fail to Reach Agreement on Condominium Safety BillRepairs to Water Infrastructure Underway After Hurricane HeleneBroker's Motion for Summary Judgment on Negligence Claim DeniedA Lawyer's Perspective on Current Issues Dominating the Construction IndustryCongratulations Bryan Stofferahn, August Hotchkin, and Eileen Gaisford on Their Promotion to Partner!Five-Year Statute of Limitations on Performance-Type Surety BondsNewmeyer & Dillion Named a Best Law Firm in 2019 in Multiple Practice Areas by U.S. News-Best LawyersFlorida Continues Enacting Tort Reforms, This Time Shortening the Statute of ReposePublic-Private Partnerships: When Will Reality Meet the Promise? 
