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DIRECTORY AND CAPABILITIES

Louisiana Enacts Important Tort Reform Legislation

May 12, 2026 — Lee M. Peacocke & Benjamin Perkins - Lewis Brisbois
The Louisiana legislature enacted tort reform legislation in 2025 to address the increasing cost of insurance in Louisiana and to provide some predictability to the Louisiana legal system. While our colleagues, Jenny Michel and Jennifer Kretschmann, have provided an excellent and comprehensive analysis of the legislation in their article entitled “Louisiana State Legislature 2025 Regular Session: Tort Reform - Acts & Vetoed Insurance Bill,” which can be found here, this article examines the anticipated impact of the tort reform legislation on personal injury trials in federal and state courts in Louisiana. The most significant reform involves the institution of a modified defense of contributory negligence, which went into effect on January 1, 2026. Since 1996, Louisiana had operated as a pure comparative fault state; the liability of each party whose fault caused damages was to be allocated among the respective parties based upon their appropriate percentage of fault, regardless of the legal theory of liability asserted against each party. Thus, a plaintiff 55 percent at fault could recover 45 percent of their damages from the liable defendants. The 2025 Tort Reform Amendments now prohibit a plaintiff in a personal injury action from recovering any damages if they are found to be 51 percent or more at fault for their damages. The 55 percent at-fault party in the example above is now prohibited from recovering any damages from any party. Importantly, this new legislation now requires the trial court to instruct the jury that if they find a plaintiff to be more than 50 percent at fault, then the plaintiff will not recover any damages. Reprinted courtesy of Lee M. Peacocke, Lewis Brisbois and Benjamin Perkins, Lewis Brisbois Mr. Peacocke may be contacted at Lee.Peacocke@lewisbrisbois.com Mr. Perkins may be contacted at Benjamin.Perkins@lewisbrisbois.com Read the full story...

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Only A Contractor Can Appeal a Contracting Officer’s Final Decision

April 20, 2026 — David Adelstein - Florida Construction Legal Updates
A recent decision from the Civilian Board of Contract Appeals confirms that “only a ‘contractor’ may file an appeal of a contracting officer’s final decision.” Wattiker v. General Services Administration, 2026 WL 846001 (CBCA 2026) (citation omitted). The term “contractor is not an ambiguous term. A ‘contractor’ refers to a party to a federal government contract. Wattiker (citing the Contract Disputes Act). This is why the Contract Disputes Act does not apply to parties that are NOT in contract with the federal government. Id. In Wattiker, an appellant (appealing party) challenged the dismissal of a co-appellant. The co-appellant was dismissed because he was not a contractor, i.e., a party in contract with the federal government. In other words, the co-appellant had no privity of contract with the federal government. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Course of Construction Exclusions and the CGL Policy

July 20, 2026 — Anna M. Perry, Rachel S. Kindseth & Nina Catanzaro - Saxe Doernberger & Vita, P.C.
I. Course of Construction Exclusions Course of Construction (“COC”) exclusions are found on General Liability and excess liability policies, typically a wrap-up or project specific policy, and generally exclude “all property damage occurring during the course of construction.” Insurers claim COC exclusions are not problematic because they are intended to prevent an overlap in coverage between the general liability policy and first-party property Builder’s Risk policy. However, because General Liability policies and Builder’s Risk policies provide coverage for different risks, COC exclusions can create a gap in coverage for owners and contractors. Therefore, any exclusion on a wrap-up or project specific policy that limits coverage for property damage liability should be scrutinized, and amendments sought when warranted and commercially achievable, for owners, developers and contractors because General Liability policies do not cover the same risk as that of a Builder’s Risk policy. General liability policies provide defense and indemnity to the insured(s) for claims made by a third-party against the insured. Broad COC exclusions serve to preclude coverage for all property damage, not just property damage to the insured project. This includes property damage to property other than the insured project, e.g. an adjacent property. On the other hand, Builder’s Risk policies provide first-party property coverage for direct physical loss to the project during the course of construction. The Builder’s Risk policy will not provide coverage for property other than the project itself (e.g., adjacent property) and it will not provide a defense or indemnity in the event the owner of the damaged property brings a claim against a potentially at-fault party. Reprinted courtesy of Anna M. Perry, Saxe Doernberger & Vita, P.C., Rachel S. Kindseth, Saxe Doernberger & Vita, P.C. and Nina Catanzaro, Saxe Doernberger & Vita, P.C. Ms. Perry may be contacted at APerry@sdvlaw.com Ms. Kindseth may be contacted at rkindseth@sdvlaw.com Ms. Catanzaro may be contacted at NCatanzaro@sdvlaw.com Read the full story...

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Two Snell & Wilmer Attorneys Selected as 2026 San Diego Super Lawyers Rising Stars

May 14, 2026 — Snell & Wilmer
SAN DIEGO – Snell & Wilmer is pleased to announce that two attorneys in the San Diego office have been selected for inclusion in the 2026 San Diego Super Lawyers Rising Stars publication. Rising Stars is a listing of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. To be eligible for inclusion, a candidate must be either 40 years old or younger or in practice for 10 years or less. The selection process is multi-phased and includes independent research and peer nominations, with no more than 2.5 percent of the lawyers in the state named to the Rising Stars list. Read the full story...
Reprinted courtesy of Snell & Wilmer

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A Customized Approach to Data Center Construction

June 29, 2026 — James P. Bobotek, Arielle L. Murphy & Robert A. James - Gravel2Gavel Construction & Real Estate Law Blog
Data center construction projects are, to put it mildly, distinct. They differ from traditional construction in a host of manners, and are particularly distinctive because the value of the facility depends on unique measures of performance. A center that cannot meet uptime, cooling, redundancy or connectivity standards will not achieve its mission, whether or not the structure itself meets standard industry contract-form “substantial completion” or “mechanical completion” definitions. Owners, developers, lenders, operators and hyperscalers—especially hyperscalers!—want it all. They seek favorable and stable pricing, accelerated delivery and sophisticated components, all of which are evolving in “real project time.” Standard construction contract forms deserve extensive modifications to align clauses with expectations, with a heightened focus on systems integration, commissioning, and allocation of special risks. This article details customized considerations for drafting, negotiating and administering data center design and construction agreements. Reprinted courtesy of James P. Bobotek, Pillsbury, Arielle L. Murphy, Pillsbury and Robert A. James, Pillsbury Mr. Bobotek may be contacted at james.bobotek@pillsburylaw.com Ms. Murphy may be contacted at arielle.murphy@pillsburylaw.com Mr. James may be contacted at rob.james@pillsburylaw.com Read the full story...

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White and Williams LLP Recognized on the List of Largest Law Firms in Greater Philadelphia

March 03, 2026 — White and Williams LLP
White and Williams LLP was recently recognized on the list of Largest Law Firms in Greater Philadelphia by the Philadelphia Business Journal. The Firm is ranked #10 among the largest law firms in the Greater Philadelphia area. This listing ranks over 500 law firms in the counties of Bucks, Chester, Delaware, Montgomery, or Philadelphia in Pennsylvania; Atlantic, Burlington, Camden, or Gloucester in New Jersey, and Kent or New Castle in Delaware. White and Williams has been named on the list since 2023. Concurrent Causation Doctrine Applies Where Natural and Man-made Perils Combine to Create Loss

Ahlers Cressman & Sleight PLLC Recognized Among The Top 50 Construction Law Firms TM of 2024 by Construction Executive

Insurer's Denial of Coverage to Additional Insured Constitutes Bad Faith

The Condominium Warranty Against Structural Defects in the District of Columbia

Labor Under the Miller Act And Estoppel of Statute of Limitations

FEMA Offers Recovery Tips for California Wildfire Survivors

Insured's Claim for Cyber Coverage Rejected

Insured's Claim for Water Damage Dismissed with Leave to Amend

Hawaii Building Codes to Stay in State Control

Court finds subcontractor responsible for defending claim

May Heat Wave Deaths Prompt New Cooling Rules in Chicago

Why’d You Have To Say That?

Sweet News for Yum Yum Donuts: Lost Goodwill is Not an All or Nothing Proposition

New Stormwater Climate Change Tool

Why Hurricane Preparedness Isn’t About the Property

Chicago Developer and Trade Group Sue City Over Affordable Housing Requirements

Facing Manslaughter Charges In Worker's 2021 Trench Collapse Death, Colorado Contractor Who Willfully Ignored Federal Law Surrenders To Police

Motions to Dismiss, Limitations of Liability, and More

Construction’s AI Moment — Why Contractors Are Increasingly Optimistic

Reduce Suicide Risk Among Employees in Remote Work Areas

Insured Cannot Sue to Challenge Binding Appraisal Decision

“The Superintendent Told Us to Do It:” Why Verbal Approval May Not Be Enough

Study Finds San Francisco Bay is Sinking Faster than Expected

Massachusetts Roofer Killed in Nine-story Fall

Balestreri Potocki & Holmes Attorneys Named 2020 Super Lawyers and Rising Star

Housing Starts Rebound in U.S. as Inflation Eas
Jason Smith and Teddie Arnold Co-Author Updated “United States – Construction” Chapter in 2024 Legal 500: Country Comparative Guides

A Court-Side Seat: NWP 12 and the Dakota Access Pipeline Easement Get Forced Vacations, while a Potential Violation of the Eighth Amendment Isn’t Going Anywhere

Court Again Defines Extent of Contractor’s Insurance Coverage

U.K. Developer Pledges Building Safety in Wake of Grenfell

Fixing That Mistake

You Cannot Always Contract Your Way Out of a Problem (The Case for Dispute Resolution in Mega and Large Complex Construction Projects)

Proposed Law Protecting Tenants Amended: AB 828 Updated

Toll Brothers Snags Home Builder of the Year Honors at HLS

Default Should Never Be An Option

Good News on Prices for Some Construction Materials

DC District Court Follows Ninth Circuit’s Lead Dismissing NABA’s Border Wall Case

Seattle Condos, Close to Waterfront, Construction Defects Included

Prison Time and Restitution for Construction Fraud

Are You Satisfying WISHA Standards?

PFAS, HFCs and Related Chemicals in the Data Center Industry

Anti-Concurrent Causation Clause Eliminates Loss from Hurricane

Every High-Tech Building Has Many Lifespans

Wilke Fleury Attorneys Featured in 2021 Best Lawyers in America and Best Lawyers: Ones To Watch!

New Jersey Firm’s Fee Action Tossed for not Filing Substitution of Counsel

Insured’s Breach of Contract Claim Survives Motion to Dismiss, but Bad Faith Claim Does Not

Colorado’s Housing Crisis: How S.B. 25-131 Could Be a Step in the Right Direction

Court Calls Lease-Leaseback Project What it is: A Design-Bid-Build Project

Avoid a Derailed Settlement in Construction

Cuba: Construction Boom Potential for U.S. Construction Companies and Equipment Manufacturers?

School for Building Trades Helps Fill Need for Skilled Workers

Traub Lieberman Partner Colleen Hastie Wins Summary Judgment in Favor of Sub-Contracted Electrical Company

Equal Access to Justice Act Fee Request Rejected in Flood Case

Be Wary of Construction Defects when Joining a Community Association

Norfolk Southern Agrees to $310M Settlement With Feds Over 2023 Ohio Derailment

Insurance Coverage Litigation Section to Present at Hawaii State Bar Convention

New York Regulator Issues Cyber Insurance Guidelines

Construction Firm Sues City and Engineers over Reservoir Project

Construction Companies Must Prepare for a Surge of Third-Party Contractors

Don’t Overlook Leading Edge Hazards

Reservation of Rights Letter Merely Citing Policy Provisions Inadequate

Connecticut Supreme Court to Review Several Issues in Asbestos Coverage Case

Florida Enacts Sweeping Tort Reform Legislation, Raising Barriers to Insurance Coverage Claims

Delay Leads to Problems with Construction Defects

Contractor Side Deals Can Waive Rights

Affirmed: Insureds Bear the Burden of Allocating Covered Versus Uncovered Losses

Wisconsin Supreme Court Upholds Asbestos Exclusion in Alleged Failure to Disclose Case

City of Pawtucket Considering Forensic Investigation of Tower

Equitable Lien Designed to Prevent Unjust Enrichment

Builders Beware: Smart Homes Under Attack by “Hide ‘N Seek” Botnet

Colorado Legislature Considering Making it Easier to Prevail on CCPA Claims

Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims

A Brief Discussion – Liquidating Agreements

Another Reason to Love Construction Mediation (Read: Why Mediation Works)

Gardeners in the City of the Future: An Interview with Eric Baczuk

Construction Litigation Roundup: “A Fastball Right to the Bean!”