HHMR Attorneys Steve Heisdorffer and Dave McLain Named to 2026 Super Lawyers List
April 08, 2026 —
Higgins, Hopkins, McLain & Roswell, LLCHiggins, Hopkins, McLain & Roswell, LLC is pleased to announce that Steve Heisdorffer and Dave McLain have been selected to the 2026 Colorado Super Lawyers list for construction litigation.
Mr. Heisdorffer has been consistently recognized in recent years for his work in construction litigation and related business disputes. Mr. McLain has been recognized by Super Lawyers each year from 2020 through 2026, following his earlier inclusion on the Rising Stars list from 2009 through 2012.
Read the full story...Reprinted courtesy of
Higgins, Hopkins, McLain & Roswell, LLC
Louisiana Enacts Important Tort Reform Legislation
May 12, 2026 —
Lee M. Peacocke & Benjamin Perkins - Lewis BrisboisThe 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...
Pursuing Claims for Loss Caused by Recent Kona Low Storms for Homeowners and Businesses
May 12, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe recent Kona Low storms that hit all islands were devastating, causing significant property damage. Homeowners and businesses will be seeking coverage under their insurance policies to recover for their losses. Here is a brief look at what may be covered and which exclusions may be troublesome in homeowners’ and commercial property policies.
Typically, both a homeowners’ policy and a commercial property policy include a grant of coverage for “direct physical loss of or damage to Covered Property.” Covered perils are listed, including such events as fire, lightning, or windstorm. Covered Property includes dwellings, other structures on the property and personal property. Additional coverages are usually provided. This includes debris removal after a peril insured against or collapse of a structure. In a homeowners’ policy, additional living expenses are likely covered when the damaged home is not fit to live in.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Always Keep Your Time Limits in Mind—to Know When You Can Sue, and When You Can No Longer Be Sued (Law Note)
December 15, 2025 —
Melissa Dewey Brumback - Construction Law in North CarolinaAs the calendar year is getting a little long in the tooth, the subject of time becomes top of mind. Time, in litigation, can make or break your ability to sue (or be sued).
A recent blog post by blogger John Caravella
addressing statutes of limitations in New York (6 years) and Florida (5 years) brought to mind the issues that sometimes surprise folks working in North Carolina.
In North Carolina, the
statute of limitations is (generally) set at 3 years for breach of contract matter, including breaches of construction contracts. However, there are always exceptions. The
statute of repose in North Carolina for damages to real property is 6 years. What that means is that if there is a
‘latent defect’ that is not obvious right away, you may still have a claim beyond three years (but not beyond the 6 year repose limit).
Read the full story...Reprinted courtesy of
Melissa Dewey Brumback, Ragsdale LiggettMs. Brumback may be contacted at
mbrumback@rl-law.com
BWB&O’s LA Team Secures a Defense Victory for General Contractor Client in Riverside Superior Court!
January 13, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPCongratulations to Woodland Hills Partner
Daniel Crespo and Associate
Lauren Landau for securing a defense victory on behalf of one of our general contractor clients!
The Riverside Superior Court granted summary judgment in favor of our client, finding the plaintiff’s core allegation was flatly contradicted by video evidence. The Court held that surveillance footage conclusively showed the minor did not fall into an “open trench” as alleged, but instead fell after voluntarily jumping over a temporary construction fence stabilizer.
Read the full story...Reprinted courtesy of
Dolores Montoya, Bremer Whyte Brown & O'Meara LLP
Real Estate & Construction News Roundup (3/18/25) – Data Center Frenzy, China’s Expanding REIT Market and Tariff-Affected Construction Costs
March 31, 2026 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, relistings reached highest total in a decade, Florida State Legislature passes bill to increase the state’s housing supply, data center construction adapts to changes and more!
- The data center construction frenzy and a new, potentially larger highway bill were top of mind for builders during the latest round of contractor earnings calls and financial reports. (Joe Bousquin, Construction Dive)
- Tariffs and associated policy uncertainty have increased construction costs and delayed leasing and investment choices. (J.P. Morgan)
- Relistings hit the highest January figure since Redfin began tracking this metric a decade ago. (Diana Olick, CNBC).
Read the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
Insurer Cannot Raise Issues on Appeal that Were Not Presented to the Trial Court
June 15, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe Florida Court of Appeals affirmed a judgment on a collapse claim for the insured, rejecting the insurer’s arguments that were not presented to the trial court. Homeowner’s Choice Prop. & Cas. Ins, Co. v. Oakes, 2026 Fl. App. LEXIS 2086 (Fl. Ct. App. March 18, 2026).
The insured’s ceiling collapsed in the secondary home on the insured’s property. The claim was reported to the insurer, but coverage was denied after its investigation.
The insured sued the insurer for breach of contract. Under the Additional Coverage provisions of the policy, collapse was covered if it was “abrupt.” An abrupt collapse was not covered, however, if exclusions for “Fungi, Wet or Dry Rot” and “faulty, inadequate or defective design, specifications, workmanship, repair, construction, renovation, remodeling, materials or maintenance” applied. The collapse provisions contained no language stating that the coverage granted in the provision was also subject to all the other exclusions in the policy.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Newmeyer Dillion Announces Jacqueline McCalla as Its Newest Partner
February 02, 2026 —
Newmeyer DillionNEWPORT BEACH, CALIF. – January 28, 2026 – Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that Walnut Creek attorney Jacqueline McCalla has been elected to partnership.
Jacqueline focuses her practice on business and construction litigation. In her practice, Jacqueline takes pride in assisting businesses of all sizes and entrepreneurs in various matters whether it be a pre-litigation matter or in litigation, from case inception through trial. She represents developers, builders, and contractors in complex, multi-party disputes involving a variety of residential, commercial, and mixed-use properties.
Jacqueline's practice also includes litigating insurance disputes. Jacqueline leverages her past experience advocating for both carriers and insureds to now help companies better understand their policies and stay protected.
"Since joining the firm, Jacqueline has been a thoughtful, hardworking, and solutions-oriented attorney who consistently delivers great results for our clients," said Managing Partner Paul Tetzloff. "It's no surprise that clients value her work and actively seek her out."
Jacqueline earned a B.A. in Legal Studies from University of California, Berkeley, and a J.D., from University of San Francisco School of Law, graduating magna cum laude.
About Newmeyer Dillion
For over 40 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 60 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's
Insurance and Your RoofIssue and Claim Preclusion When Forced to Litigate Similar Issues in Different Forums: White River Village, LLP v. Fidelity and Deposit Company of MarylandFive Keys to Driving Digital Transformation in Engineering and ConstructionManhattan Gets First Crowdfunded CondosHawaii Supreme Court Tackles "Other Insurance" IssuesNew OSHA Fall Rules to Start Early in MinnesotaUS Supreme Court Orders All Mountain Valley Gas Line Work to ProceedDust Infiltration Due to Construction Defect Excluded from PolicyCalifornia Court of Appeal Makes Short Work Trial Court Order Preventing Party From Supplementing Experts A Court-Side Seat: As SCOTUS Decides Another Regulatory “Takings” Case, a Flurry of Action at EPATraub Lieberman Partner Ryan Jones Provides Testimony Before Florida Senate CommitteesFederal Contractors – Double Check the Terms of Your Contract Before Performing Ordered ChangesReal Estate & Construction News Roundup (6/26/24) – Construction Growth in Office and Data Center Sectors, Slight Ease in Consumer Price Index and Increased Premiums for Commercial BuildingsWhose Lease Is It Anyway: Physical Occupancy Not Required in Landlord-Tenant DisputeSigned, Sealed and (Almost) Delivered: EU Council Authorizes Signing of U.S. – EU Bilateral Insurance AgreementAvoiding Lender Liability for Credit-Related Actions in CaliforniaBusiness Risk Exclusions Bar Coverage for Construction Defect ClaimsNew York Regulator Issues Cyber Insurance GuidelinesConnecticut Supreme Court Further Refines Meaning of "Collapse"Construction Defects Lead to “A Pretty Shocking Sight”California Supreme Court Hands Victory to Private Property Owners Over Public UseAlexander Moore Promoted to Managing Partner of Kahana Feld’s Oakland OfficeMore Thoughts on “Green” (the Practice, not the Color) BuildingConstruction Litigation Roundup: “Based on New Information …”Traub Lieberman Attorneys Lisa M. Rolle and Justyn Verzillo Win Motion for Summary JudgmentCoping With The New Cap And Trade LawCalifornia Contractors – You Should Know That Section 7141.5 May Be Your Golden TicketFlorida Appellate Courts Holds Underwriting Manuals are Discoverable in Breach of Contract CaseEarth Movement Exclusion Bars CoverageVancouver’s George Massey Tunnel Replacement May Now be a Tunnel Instead of a BridgeNinth Circuit Issues Injunction Halting SB 261 Climate Disclosure LawsPreparing the Next Generation of Skilled Construction Workers: AGC Workforce Development PlanHong Kong Property Tycoon Makes $533 Million Bet on SolarInsurer Has Duty to Defend Sub-ContractorMinnesota Civil Engineers Give the State's Infrastructure a "C" Grade for the Second TimeStop Losing Proposal CompetitionsInsurers Subrogating in Arkansas Must Expend Energy to Prove That Their Insureds Have Been Made WholeChristopher Leise Recognized by US News – Best Lawyers 2022 "Lawyer of the Year"Appeals Court Upholds Skanska, Granite Win in ‘I-4 Ultimate’ JV DisputeTraub Lieberman Partner Ryan Parker and Associate Melina Lowe Win Verdict Finding No Liability in Favor of Condo OwnersDuuers: Better Proposals with Less WorkWhat is the Effect of an Untimely Challenge to the Timeliness of a Trustee’s Sale?Time is Money. Unless You’re an Insurance CompanyFlorida Appellate Court Holds Four-Year Statute of Limitations Applicable Irrespective of Contractor LicensureMississippi exclusions j(5) and j(6) “that particular part”United States Supreme Court Upholds Class Action Waivers in Arbitration AgreementsCollapse of Underground Storage Cave Not Covered“Bee” Careful: Unique Considerations When Negotiating a Bee Storage Lease AgreementTraub Lieberman Partners Lenhardt and Smith Obtain Directed Verdict in Broward County Failed Repair Sinkhole TrialHow Fort Lauderdale Recovered a Phished $1.2M Police HQ Project PaymentConstruction Defect Bill a Long Shot in NevadaConstruction Contract Clauses That May or May Not Have Your Vote – Part 3A Lot of Cheap Housing Is About to Get Very Expensive 
