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2026 Construction Law Update

January 26, 2026 — Garret Murai - California Construction Law Blog
Happy New Year! Hope the holidays were enjoyable for you. During the first session of the California Legislature’s 2025-2026 legislative session, 2,350 bills were introduced, of which 917 bills made it to the Governor’s desk, and of which 794 bills were signed into law. For the design and construction industry the most important bills are a new claims resolution procedure for private works projects, a 5% retention cap on certain private works projects, and a number of changes to home improvement contract requirements. Read the full story...
Reprinted courtesy of Garret D. Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Soot Constitutes Property Damage

March 17, 2026 — Tred R. Eyerly - Insurance Law Hawaii
Applying Missouri law, the Eighth Circuit affirmed the jury verdict awarding damages for the presence of soot after a fire. Maxus Metropolitan, LLC v. Travelers Property Cas. Co. of Am., 2025 U.S. App. LEXIS 29921 (8th Cir. Nov, 17, 2025). A fire destroyed Phase 6 of a multi-building apartment complex known as the Metropolitan. At the time of the fire, all six phases of the Metropolitan were at various stages of completion, including some of which were occupied by tenants. Phase 6 was still under construction. The fire caused severe damage to Phase 5. The interiors of Phases 1-4 were unaffected by the fire. Maxus Metropolitan, the owner of the complex, had a policy with Travelers which covered up to $35 million in “direct physical loss, . . or damage.” The policy also provided coverage for up to $5 million in lost business income. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Compass, Zillow Take Feud Over Home Listings Into NYC Court

December 15, 2025 — Chris Dolmetsch & Paulina Cachero - Bloomberg
Two heavyweights in the US residential real estate market, Compass Inc. and Zillow Inc., are facing off in a New York courtroom in a legal battle that could reshape the future of how homes are marketed and sold in the country. Compass, the largest residential brokerage, sued Zillow in June claiming the real estate site acts anticompetitively by banning listings that were publicly marketed elsewhere first. A four-day hearing began Tuesday before a federal judge who will decide whether to temporarily block Zillow’s policy while the lawsuit proceeds. The dispute is the latest in a long-running fight over who controls the most valuable asset in real estate: information. Compass has built a private listings network allowing sellers to quietly market homes with its own agents before posting on public multiple listing services (MLS). It argues the strategy lets sellers test demand and pricing without leaving a record on the MLS that could hurt future sales. Reprinted courtesy of Chris Dolmetsch, Bloomberg and Paulina Cachero, Bloomberg Read the full story...

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

November 21, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The court denied the insurer’s motion to dismiss the insured’s breach of contract claim, but granted the motion to dismiss without prejudice the bad faith claim. Terrazas v. State Farm Fire & Cas. Co., 2025 U.S. Dist. LEXIS 173920 (D. Colo. Sept 5, 2025). The plaintiff, Alejandro Garcia-Terrazas, had a policy issued by State Farm. The policy covered the abrupt and accidental discharge or overflow of water. Terrazas noticed a water discharge or overflow in the kitchen. The water caused damage to the floors, cabinets, and other items in the kitchen. A claim was filed with State Farm. State Farm investigated but refused to pay the full value of the claim. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

How to Properly Fill Out and Use the Unconditional Waiver and Release on Progress Payment Form Used in California Construction

December 22, 2025 — William L. Porter - Porter Law Group
This is the Second article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138. Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys who revised those sections of the California Civil Code dealing with this release form and many other construction forms as part of Senate Bill 189 in 2010. I also wrote the first version of this release form and made it free to the public well before the new law took effect in 2012. With this background, let me note a few things about the Unconditional Waiver and Release on Progress Payment form to help you avoid mistakes that might prevent you from achieving the intended effect of the form or releasing claim rights to a greater extent than you intend. Read the full story...
Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

Contractor Turns Former Sears Into Interim High School Following Palisades Wildfires

December 15, 2025 — Jamie Macartney - Construction Executive
On January 7, 2025, the unthinkable happened. Massive wildfires tore through areas of Los Angeles County, burning over 57 acres, leaving lives in shambles as beloved homes and businesses were gone instantly. An evident strain was the destruction the fires set on Palisades Charter High School—colloquially known as Pali High—which left approximately 2,500 students without a campus to go to. This resulted in a return to online learning, a setting too familiar as five years earlier, these students were ripped from their educational experience because of the COVID-19 pandemic. Building schools is in the DNA of C.W. Driver, so when the firm saw the damage to Pali High, the team rushed to create a temporary campus—Pali High South. Through a partnership with design firm Gensler, the former Sears retail building—a Santa Monica landmark—was transformed into a safe, fully equipped learning environment for 2,500 Pali High students just three months after the fires took place. Reprinted courtesy of Jamie Macartney, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

Insurer Granted Summary Judgment, in Part, After Partial Payment of Claim

February 10, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The insurer was awarded summary judgment, in part, after paying a portion of the insured’s claim for hurricane damage. Taylor v. State Farm Fire & Cas. Co., 2025 U.S. Dist. LEXIS 231406 (S.D. Ala. Nov. 24, 2025). The Taylors’ home was damaged by Hurricane Sally. They submitted a claim under their homeowners’ policy to State Farm. They reported trees collapsing onto the house and blocking the front door, broken windows and doors, water damage and the roof collapsing in certain rooms of the house. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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

April 27, 2026 — Lewis Brisbois
Sacramento Partner Shane Singh has been named one of the Los Angeles Business Journal's "Top 100 Lawyers of Los Angeles" for 2026. The LABJ’s annual list honors Los Angeles' top lawyers for their achievements within the city's business community. Read the full story...
Reprinted courtesy of Lewis Brisbois

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