Appeals Court Upholds Skanska, Granite Win in ‘I-4 Ultimate’ JV Dispute
June 15, 2026 —
Bryan Gottlieb - Engineering News-RecordA federal appeals court has upheld a lower court’s decision requiring The Lane Construction Corp. to pay roughly $79 million in damages, plus interest, to joint venture partners Skanska USA Civil Southeast and Granite Construction for work on Florida’s I-4 Ultimate highway megaproject in Orlando, which was completed in 2022.
Read the full story...Reprinted courtesy of
Bryan Gottlieb, Engineering News-RecordMr. Gottlieb may be contacted at
gottliebb@enr.com
DOI Finalizes Long-Awaited Modernization of Type A Natural Resource Damage Assessment Regulations
August 03, 2026 —
Amanda G. Halter, Ashleigh K. Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law BlogFor nearly three decades, the U.S. Department of the Interior’s (DOI) simplified “Type A” Natural Resource Damage Assessment (NRDA) regulations were available more in theory than in practice, constrained by dated models, narrow geographic applicability and a $100,000 cap that rarely matched the economics of modern environmental claims. DOI has now finalized revisions to the Type A natural resource damages assessment procedures under 43 C.F.R. Part 11 for hazardous substance releases under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Clean Water Act (CWA), with the final rule published in the
Federal Register on July 13, 2026 and scheduled to become effective August 12, 2026.
As discussed
previously, DOI has sought to modernize what it views as an “inefficient and inflexible” process and restore the Type A procedure to its intended role as a more streamlined pathway for smaller, less contentious NRD claims. The final rule adopts a $5 million default damages threshold, allows use above that amount if all parties agree, clarifies that Type A may be used in all environments and for all natural resource types, and removes legacy model appendices that had tethered the process to outdated formulas.
Reprinted courtesy of
Amanda G. Halter, Pillsbury,
Ashleigh K. Myers, Pillsbury and
Jillian Marullo, Pillsbury
Ms. Halter may be contacted at amanda.halter@pillsburylaw.com
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
Read the full story...
New York Enacts First-in-the-Nation Statewide Data Center Moratorium
August 03, 2026 —
Joshua L. Sturtevant - SheppardAs of May 2026, nearly 12 gigawatts of data center load requests were in the New York Independent System Operator interconnection queue, with more than two-thirds of capacity requests entering the queue in 2025 alone. On July 14, 2026, in response to concerns over this rapid growth, Governor Kathy Hochul issued Executive Order No. 62 (the “Order”) imposing a temporary moratorium on data centers in New York State. Among the concerns cited in the Order are the cost burden on ratepayers associated with transmission upgrades required to accommodate large loads, potential environmental impacts, and large-scale water use.
The moratorium is intended to halt activities while the state government develops a comprehensive legal framework for data center development. While dozens of municipal and county-level moratoriums are in place throughout the U.S., and while the legislatures of several states, including Maine, have proposed moratoriums, the Order is the first statewide moratorium to be enacted nationally.
Read the full story...Reprinted courtesy of
Joshua L. Sturtevant, SheppardMr. Sturtevant may be contacted at
jsturtevant@sheppard.com
2026 Construction Outlook: Dampening Outlook With Some Potential Bright Spots
February 17, 2026 —
Garret Murai - California Construction Law BlogAccording to Dodge Construction Network’s Outlook 2026 Ebook, “the construction industry came roaring into 2025” – with large government investments through the Infrastructure Bill and the CHIPS Act (promoting investment in the domestic semiconductor industry), as well as outsized spending on data centers to support cloud and AI technology – but “throttled back significantly” due to “rapid changes to economic and fiscal policies.”
These changes include short-term cost impacts due to tariffs and labor impacts due to the federal government’s immigration crackdown and long-term concerns following enactment of the One Big Beautiful Bill (OBBBA) which is anticipated to add $3.4 trillion to the federal deficit over ten years.
Read the full story...Reprinted courtesy of
Garret Murai, NomosMr. Murai may be contacted at
gmurai@nomosllp.com
World's Longest Immersed Tunnel Passes Milestone, But Faces Delays
August 03, 2026 —
James Leggate - Engineering News-RecordWork on the $8-billion Fehmarnbelt Tunnel, which is planned to link Germany and Denmark as the world’s longest immersed tunnel, is progressing as crews achieved a milestone last month with the successful immersion of its first precast concrete element. But Danish state-owned project owner Femern A/S says the plan is now running at least two years behind schedule and the tunnel’s road and rail portions will open in two separate stages.
Read the full story...Reprinted courtesy of
James Leggate, Engineering News-RecordMr. Leggate may be contacted at
leggatej@enr.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
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Arizona Court Enters $323 Million Judgment Against ZOM Living Following Unanimous Jury Verdict
May 26, 2026 —
Gray Development GroupPHOENIX, May 19, 2026 /PRNewswire/ -- A Maricopa County court has entered a $323 million compensatory damages judgment in favor of Gray Development Group against ZOM Holding Inc., doing business as ZOM Living, following a 12-day trial, a unanimous jury verdict and post-trial proceedings related to a proposed business transaction.
The jury found ZOM liable on claims of breach of contract and breach of the implied covenant of good faith and fair dealing stemming from a proposed joint venture tied to a planned pipeline of luxury multifamily and commercial projects in Phoenix and Scottsdale.
The lawsuit centered on a 13-project, $1.4 billion development pipeline originated and planned by Gray Development Group over more than a decade. In 2019, Gray invited Florida-based ZOM to participate in a joint venture involving the completion of five projects, which would have marked ZOM's entry into the Arizona market.
According to court findings presented at trial, the companies entered into a mutual confidentiality and non-circumvention agreement before Gray shared extensive sensitive and proprietary information related to the projects, including planning, market analysis, costs, financial data, local business relationships and operational strategies developed by Gray over decades in Arizona.
Evidence presented during trial showed that over a 10-month period while under contract, ZOM made hundreds of requests for confidential project and market information before circumventing Gray and pursuing the projects independently, ultimately displacing Gray from projects it spent years planning and developing.
ZOM Living, headquartered in Orlando, develops multifamily and senior housing communities across the United States and operates regional offices in Boston, Dallas, Fort Lauderdale, Nashville, Phoenix, and Raleigh. ZOM is owned by Timeless Investments, the Amsterdam-based family office of Dutch businessman Hans van Veggel, which acquired the company in 1997.
About Gray Development Group
Gray Development Group was founded by architect Bruce Gray in 1991. The Phoenix-based company was the top-ranked multifamily developer in Arizona for more than a decade. The company designed and developed more than 15,000 apartment and condominium units throughout metropolitan Phoenix. Two Gray-designed developments — a Tempe midrise and a San Diego high-rise — received National Apartment Community of the Year awards.
Buffalo, NY Stadium Work Resumes After Suspects ID'ed in $150K Graffiti Vandalism
March 17, 2026 —
Emell D. Adolphus - Engineering News-RecordConstruction work is back on track at Highmark Stadium in Orchard Park, N.Y., after police identifed, but did not arrest t
Connecticut Federal District Court Again Finds "Collapse" Provisions AmbiguousFederal Regulatory Recap: A Summary of Recent Rulemaking Actions Taken or Proposed Affecting the Energy IndustryLook Out! Texas Building Shedding Marble PanelsRecovering Time and Costs from Hurricane Helene: Force Majeure Solutions for ContractorsInsureds' Not Entitled to Recov
COVID-19 Vaccine Considerations for Employers in the Construction Industry
Construction Attorneys Tell DBR that Business is on the Rise
Eighth Circuit Rejects Retroactive Application of Construction Defect Legislation
Congratulations to Associate Madeline Arcellana on Her Selection as a Top Rank Attorney in Southern Nevada!
Formal Request for Time Extension Not Always Required to Support Constructive Acceleration
Congratulations to Las Vegas Partner Jeffrey W. Saab and Associate Shanna B. Carter on Obtaining Another Defense Award at Arbitration!
Your “Independent Contractor” Clause Just Got a Little Less Relevant
Protecting Expert Opinions: Lessons Regarding Attorney-Client Privilege and Expert Retention in Construction Litigation
Hunton Insurance Partner Syed Ahmad Named to Benchmark Litigation’s 2019 40 & Under Hot List
First Lumber, Now Drywall as Canada-U.S. Trade Tensions Escalate
Defense Owed to Insured Subcontractor, but not to Additional Insured
Real Estate & Construction News Round-Up (03/01/23) – Mass Timber, IIJA Funding, and Distressed Real Estate
Over 50 Lewis Brisbois Attorneys Recognized in 6th Edition of Best Lawyers: Ones to Watch in America
New Iowa Law Revises Construction Defects Statute of Repose
What Made the Savannah Harbor Upgrade So Complicated?
Who's Who Legal Recognizes Two White and Williams Lawyers as Thought/Global Leaders in Insurance and Reinsurance
If You Can’t Dazzle Em’ With Brilliance, Baffle Em’ With BS: Apprentices on Public Works Projects
Meet the Forum's ADR Neutrals: LESLIE KING O'NEAL
Assembly Bill 1701 Contemplates Broader Duty to Subcontractor’s Employees by General Contractor
Kahana Feld Enters National Law Journal 500 List for 2025
Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue
Insurer Incorrectly Relies Upon "Your Work" Exclusion to Deny Coverage
Cape Town Seeks World Cup Stadium Construction Collusion Damages
Court Upholds Appraisers' Use of "Increased Cost of Construction" Provision
Condominium Construction Defect Resolution in the District of Columbia
Recommendations and Drafting Considerations for Construction Contingency Clauses Part III
The Show Must Go On: Shuttered Venues Operators Grant Provides Lifeline for Live Music and Theater Venues
What To Do When the Government is Slow to Decide a Claim?
Washington State Safety Officials Cite Contractor After Worker's Fatal Fall
Zell Says Homeownership Rate to Fall as Marriages Delayed
Canada to Ban Foreigners From Buying Homes as Prices Soar
Want to Use Drones in Your Construction Project? FAA Has Just Made It Easier.
Bats, Water, Soil, and Bridges- an Engineer’s dream
Improper Classification Under Davis Bacon Can Be Costly
Congratulations to BWB&O’s 2026 Super Lawyers and Rising Stars Honorees!
I’m Sorry, So Sorry: Legal Implications of Apologies and Admissions of Fault for Delaware Healthcare Professionals
Connecticut Grapples With Failing Concrete Foundations
Does the Recording of a Mechanic’s Lien Memorandum by Itself Constitute Process? Read to Find Out
Estoppel Certificate? Estop and Check Your Lease
Can an Architect, Hired by an Owner, Be Sued by the General Contractor?
Guardrail Maker Defrauded U.S. of $175 Million and Created Hazard, Jury Says
Want to Stay Up on Your Mechanic’s Lien Deadlines? Write a Letter or Two
High Court Could Alter Point-Source Discharge Definition in Taking Clean-Water Case
LaGuardia Airport Is a Mess. An Engineer-Turned-Fund Manager Has a Fix
Balfour Taps Qinetiq’s Quinn as new CEO to Revamp Builder
Iowa Court Holds Defective Work Performed by Insured's Subcontractor Constitutes an "Occurrence"
Berger: FIGG Is Slow To Hand Over All Bridge Collapse Data
Ninth Circuit Rules Supreme Court’s Two-Part Test of Implied Certification under the False Claims Act Mandatory
Tightest Credit Market in 16 Years Rejects Bernanke’s Bid
Pennsylvania Considers Changes to Construction Code Review
