TOQUERVILLE UTAH CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

New California Law Requires Real Estate Agents and Brokers to Disclose AI Alterations in Listings

January 21, 2026 — Brian Slome - Lewis Brisbois
San Diego, Calif. (December 19, 2025) - Artificial intelligence and digital marketing have become ubiquitous in real estate advertising. The widespread use of AI creates risk for consumers who don’t know whether images shown online or on the multiple listing services are real. A new California law that goes into effect in January 2026 tries to draw a clear line: innovation is welcome but deception is not. The state’s new law requires licensed real estate brokers and salespersons to disclose when images used in advertisement and promotional materials have been digitally altered and to provide access to the original, unaltered images. The law is intended to enhance transparency in real estate advertising and to reduce the risk of consumer deception arising from image editing, virtual staging, or other digital modifications. Who Is Covered The law applies to real estate agents, brokers, developers, and marketing staff involved in property advertising. It encompasses advertisements including those in print and online. Read the full story...
Reprinted courtesy of Brian Slome, Lewis Brisbois
Mr. Slome may be contacted at Brian.Slome@lewisbrisbois.com

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Agent Not Liable for Loss Given Insured’s Vague Instructions for Coverage

April 08, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Illinois Appellate Court affirmed the district court’s grant of summary judgment to the insured’s agent because there was no breach of duty. Jon Van Order v. Hauk, et al., 2025 Ill. App. Unpub. LEXIS 2378 (Ill. Ct. App. Dec. 23, 2025). The insured began renovating a vacant home in October 2018. He met with agent Joseph Hauk and explained the property was vacant and would be going through renovations for the next several months. Hauk then procured a policy through Shelter Insurance Company insuring the vacant property against several specified perils. The policy provided coverage for water damage if “[t]he exterior of the building sustained a covered loss” and “that loss created an opening through which the water entered.” Damage caused by escaping water from within a plumbing system was excluded if: (1) the damage was caused by a “continuous or repeated leakage over a period of fourteen days or more” or (2) the insured premises had been vacant for 30 consecutive days immediately preceding the loss. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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GRSM Marks Seventh Anniversary as First and Only Full-Service Law Firm in All 50 States, Climbs to #70 on Am Law 100

April 20, 2026 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani proudly celebrates the seventh anniversary of its becoming the first and only full-service law firm with offices and attorneys in all 50 states. Since launching its innovative 50-state platform in April 2019, GRSM has experienced extraordinary growth across markets, practices, and client relationships. In the past seven years, GRSM has expanded its footprint with 20 new offices in both major and secondary markets and doubled its attorney headcount, growing from 940 to more than 2000 lawyers. This growth has propelled GRSM from the 40th to the 11th largest law firm in the United States, according to Law360, while also driving a significant rise on the Am Law 100 rankings, from #103 in 2019 to #70 in 2026. GRSM has served nearly half of the Fortune 500, a testament to its deep bench of lawyers and national capabilities. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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It’s That Time of Year: Contract Review Time

February 02, 2026 — Garret Murai - California Construction Law Blog
My father used to make me wash the family cars every weekend . . . rain or shine. The nice thing about washing a car in the rain is that you don’t need to dry it. Once, while sudsing up one of the family cars in the rain I spotted a couple of Jehovah Witnesses making house calls along our street. As they approached our house, they looked at me, said something to one another, and decided membership probably wasn’t a good fit for our family. If my dad saw that he probably would have thought that was reason enough to have me wash the family cars in the rain. Obviously, I never mentioned it to him. This is all a rather nostalgic way of reminding myself to get off my duff. The holidays are over. There’s stuff needing doing. Whether you like it or not. Like updating my contracts. You might consider doing the same. A few suggestions: Retention For certain private works construction contracts entered into on or after January 1, 2026, retention is now capped at 5%, mirroring the 5% retention cap on state and local public works construction contracts. The 5% retention cap applies to contracts between owners and direct contractors, between direct contractors and subcontractors, and between subcontractors. So, basically, everyone up and down the construction change. Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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Ninth Circuit Affirms District Court’s Finding of No Coverage for Interior Leak

March 24, 2026 — Tred R. Eyerly - Insurance Law Hawaii
Applying California law, the Ninth Circuit affirmed the district court’s finding that water damage caused by a leaking pipe over time was not covered under the insured’s homeowners’ policy. Mojica v. State Farm General Ins. Co., 2025 U.S. App. LEXIS 32405 (9th Cir. Dec. 11, 2025). A small hole, slightly larger than a pen tip in size, developed in a pressurized hot water pipe. The resulting leak lasted for nearly six days and released enough water to saturate and ruin all the subflooring and flooring in the insureds’ home. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Powering Data Centers in a Moving Regulatory Landscape: Positioning Deals Before FERC’s Next Move

April 27, 2026 — Stephen J. Humes, Alicia M. McKnight & Andrew H. Jacobs - Gravel2Gavel Construction & Real Estate Law Blog
The explosive growth of data‑center load—driven by artificial intelligence, cloud computing and the expansion of digital infrastructure across industries—has forced U.S. energy regulators into unfamiliar territory. Nowhere is this more evident than at the Federal Energy Regulatory Commission (FERC), which is actively considering how large, concentrated loads can be powered without compromising grid reliability or shifting costs to other customers. FERC has not yet issued a standalone rulemaking on data centers. But make no mistake, the regulatory framework is quietly and deliberately being built. For developers, hyperscalers, utilities and investors, the period before FERC finalizes its next round of decisions represents the critical window to crystallize advocacy and structure transactions in ways that anticipate regulatory change. Reprinted courtesy of Stephen J. Humes, Pillsbury, Alicia M. McKnight, Pillsbury and Andrew H. Jacobs, Pillsbury Mr. Humes may be contacted at stephen.humes@pillsburylaw.com Ms. McKnight may be contacted at alicia.mcknight@pillsburylaw.com Mr. Jacobs may be contacted at andrew.jacobs@pillsburylaw.com Read the full story...

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Time to Negotiate Limitation on Remedies and Damages Is on the Front End

February 10, 2026 — David Adelstein - Florida Construction Legal Updates
Remember, when it comes to contracts, the time to negotiate and enter into mutually agreed upon bargains is on the front end. And, if the contract is not negotiable, at least you know that and can make the business decision whether you want to accept the bargains and risks. If you don’t, well, you can walk away. Move onto another deal. If you do, then you make the business decision as to the bargains or risk transfers and accept them moving forward. One of those bargains and risks deals with a limitation on damages and remedies. In a recent dispute dealing with the sale of an aircraft, there was a provision dealing with the buyer and seller’s remedies in the event of a breach. (Similar to a real estate transaction or other buyer-seller scenario.) “Contract section 10.4(a) stated that if the buyer defaulted, the seller’s “exclusive remedies” were to keep the aircraft and the buyer’s deposit. Section 10.4(b) stated that if the seller defaulted by “fail[ing] to deliver the [aircraft] in accordance with the terms of [the contract],” the buyer’s “sole remedies” were the seller’s reimbursement of the buyer’s inspection costs.” Sky Aviation Holdings, LLC v. Aviation Unlimited, 50 Fla.L.Weekly D2658c (Fla. 4th DCA 2025). As you can see, there was a limitation on the seller’s damages. Video: Contractors’ Update on New Regulations Governing Commercial Use of Drones

Wichita Condo Association Files Construction Defect Lawsuit

Business Risk Exclusions (j) 5 and (j) 6 Found Ambiguous

Ohio Supreme Court Rules That Wrongful Death Claims Are Subject to the Four-Year Statute of Repose for Medical Claims

Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” and Tier 2 for Orange County by U.S. News – Best Lawyers® “Best Law Firms” in 2023

A Top U.S. Seller of Carbon Offsets Starts Investigating Its Own Projects

Don’t Miss Bremer Whyte Attorneys at West Coast Casualty’s Construction Defect Seminar in Downtown Disney!

Fannie-Freddie
Seventh Circuit Confirms Additional Insured's Coverage for Alleged Construction Defects

Groundbreaking New York Law Regulates Third-Party Litigat
Montrose III: Vertical Exhaustion Applies in Upper Layers of Excess Coverage

Safety Data: Noon Presents the Hour of Greatest Danger

When Subcontractors Sue Only the Surety on Payment Bond and Tips for General Contractors

Singer Ordered to Deposition in Construction Defect Case

Trial Court’s Grant of Summary Judgment On Ground Not Asserted By Moving Party Upheld

Shane Singh Named One of Los Angeles Business Journal's 'Top 100 Lawyers of Los Angeles' for 2026

I-35W Bridge Collapse may be Due to “Inadequate Load Capacity”

Appellate Court of Maryland Construes Notice Conditions of A312 Performance Bond in Favor of Surety

Windstorm Exclusion Found Ambiguous

Court of Appeals Discusses Implied Duty of Good Faith and Fair Dealing in Public Works Contracting

How to Mitigate Lien Release Bond Premiums with Disappearing Lien Claimants

Are You Ready For 2015?

Differences in Types of Damages Matter

Fairness is Relative. Workers Compensation and the Dreaded Section 7031

From ‘Cuckoo’s Egg’ to Today’s Cyber Threat Landscape

CDJ’s #7 Topic of the Year: The Las Vegas Harmon Hotel Year-Long Demolition & Trial Begins

Prevailing Payment Bond Surety Entitled to Statutory Attorneys’ Fees Even if Defended by Principal

Fort Lauderdale Associate Secures Summary Judgment in Rare Premises Liability Win

Retainage on Pennsylvania Public Contracts

White and Williams Announces Lawyer Promotions

NYC Design Firm Executives Plead Guilty in Pay-to-Play Scheme

Disputes Will Not Be Subject to Arbitration Provision If There Is No “Significant Relationship”

Subcontractors Have Remedies, Even if “Pay-if-Paid” Provisions are Enforced

Why Federal and State Agencies are Considering Converting from a “Gallons Consumed” to a “Road Usage” Tax – And What are the Risks to the Consumer?

Claims Litigated Under Government Claims Act Must “Fairly Reflect” Factual Claims Made in Underlying Government Claim

After 60 Years, I-95 Is Complete

Miller Act and “Public Work of the Federal Government”

KB Homes Sues Condo Buyers over Alleged Cybersquatting and Hacking

Manufacturer of Asbestos-Free Product May Still Be Liable for Asbestos Related Injuries

Kansas City Airport Terminal Project Faces Delays, Rising Costs

Are You Overpromising on Your Construction Contracts? Here's How to Build With Transparency

Maui Wildfire Cleanup Advances to Debris Removal Phase

UK Construction Defect Suit Lost over One Word

Industry News: New Partner at Burdman Law Group

School District Settles Over Defective Athletic Field

Eleventh Circuit Reverses Attorneys’ Fee Award to Performance Bond Sureties in Dispute with Contractor arising from Claim against Subcontractor Performance Bond

White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2020

Utility Contractor Held Responsible for Damaged Underground Electrical Line

Big Policyholder Win in Michigan

Milestone Tunnels are Centerpiece of Landmark Virginia Bridge-tunnel Expansion

Don’t Conspire to Build a Home…Wait…What?

What a Difference a Day Makes: Mississippi’s Discovery Rule

Kahana Feld Texas Team Obtains a Summary Judgment Motion

Don’t Let Construction Problems Become Construction Disputes (guest post)

Consolidated Case With Covered and Uncovered Allegations Triggers Duty to Defend

Specification Challenge; Excusable Delay; Type I Differing Site Condition; Superior Knowledge

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

Is the Removal and Replacement of Nonconforming Work Economically Wasteful?

Toolbox Talk Series: Direct Versus Consequential Damages--Is There a Clear Demarcation?

The Economic Loss Rule and the Disclosure of Latent Defects: In re the Estate of Carol S. Gattis
surer’s Duty to Defend: When is it Triggered? When is it Not?

New Orleans Is Auctioning Off Vacant Lots Online

Unjust Enrichment Damages Must Be Measurable and Quantifiable

Viewpoint: A New Approach to Job Site Safety Reaps Benefits