How Mobile Tools Are Capturing Safety Data on Jobsites
April 08, 2026 —
Michael Bruns - Construction ExecutiveTraditionally, construction safety management is “reactive compliance”—reporting on an incident, filling out a form on paper or electronically, taking a picture and filing it away for compliance purposes. Safety management is shifting from reactive to proactive. Forward-thinking companies are using data and leading indicators to identify risks before incidents happen, not just document injuries after the fact.
Mobile tools have completely changed the way safety operations work on construction sites, enabling that transition to proactive safety management.
Reprinted courtesy of
Michael Bruns, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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New California Law Mandates Prompt Resolution of Change Order Payment Disputes on Private Works of Improvement
January 05, 2026 —
Samuel Bucher, Marc Coats & William S. Hale, P.E. - Gravel2Gavel Construction & Real Estate Law BlogOn October 10, 2025, Governor Newsom signed SB 440, titled the Private Works Change Order Fair Payment Act. The new law introduces a process and deadlines for handling change order, time extension and payment disputes on private-works construction projects. SB 440 will apply to contracts entered into on or after January 1, 2026, and will remain in effect until January 1, 2030.
What Is Changing?
Construction projects often undergo changes during the construction process that may result in additional costs for labor and materials. Currently, there are no specific processes mandated for resolving change orders on private works of improvement in California. On January 1, 2017, California implemented Public Contract Code section 9204 to provide a claims resolution process for contractors engaged in public works projects, and SB 440 seeks to implement a similar process for private, nonresidential construction projects.
Reprinted courtesy of
Samuel Bucher, Pillsbury,
Marc Coats, Pillsbury and
William S. Hale, P.E., Pillsbury
Mr. Bucher may be contacted at samuel.bucher@pillsburylaw.com
Mr. Coats may be contacted at marc.coats@pillsburylaw.com
Mr. Hale may be contacted at william.hale@pillsburylaw.com
Read the full story...
Contracting Chaos? How Mid-America v. US Department of Transportation is Upending DBE Certifications
December 02, 2025 —
Andrew G. Vicknair - The Dispute ResolverSince the early 1980s, Disadvantaged Business Enterprise (DBE) programs including the one implemented by the US Department of Transportation (DOT) have been in effect. The DBE program began under Title VI of the Civil Rights Act and has been reauthorized by Congress in various bills over the years. Generally, these DBE programs have required that ten percent of federal highway construction funds be paid to small businesses controlled and owned by “socially and economically disadvantaged individuals.” Certain minority and women owned businesses have been given a presumption of disadvantage to facilitate their participation in federally‑assisted DOT contracting. While any person may qualify as socially and economically disadvantaged regardless of their race or gender, certain racial groups and women are rebuttably presumed to be disadvantaged. All other applicants seeking DBE status who are not presumed disadvantaged on the basis of their racial or female status must prove, by a preponderance of the evidence, that they are socially and economically disadvantaged.
Many states have enacted similar requirements governing state and local projects. Recently, the presumption of disadvantaged status has come under attack in Mid‑America Milling Company v. U.S. Department of Transportation[i] pending in the U.S. District Court for the Eastern District of Kentucky. The results of Mid-America represents a drastic change to the DOT’s DBE program for federal DOT contracting.
Differing Site Conditions Claim Requires a MisrepresentationMay 14, 2026 — David Adelstein - Florida Construction Legal Updates
If you are entertaining a differing site conditions claim, consider this Third District Court of Appeals case from the mid-90s.
In Hendry Corp. v. Metropolit
AIA Waivers Under Fire: Why Post-Completion Losses May Still Be Actionable
January 26, 2026 —
Lian Skaf - The Subrogation StrategistOn its face, the power of a waiver of subrogation clause in a construction contract is profound. It bars otherwise actionable – and sometimes egregious – losses resulting from contractor carelessness before they can ever get started. One question courts have long battled with is the limits to the lasting effects of such a waiver. Whether the waiver power can be transferred amongst parties, applied to third parties or used with policies taken out after construction completion are among the few grey areas that have kept subrogation practitioners and the courts busy. Recently, a federal court in Idaho clarified its position on the power to waive subrogation.
In Seneca Ins. Co. v. McAlvain Constr., Inc., No. 1:24-cv-00340-BLW, 2025 U.S. Dist. LEXIS 251777 (
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 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 LLP
Congratulations 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. ThStructuring Water Resilience for Data Center Development: Water Rights, Reuse Incentives, and Emerging Disclosure Risk
March 10, 2026 — Ashleigh Myers, Jillian Marullo & Jason Drogin Atwood - Gravel2Gavel Construction & Real Estate Law Blog
As AI-driven data center development accelerates, developers, communities and regulators are increasingly focused on water demand—both the volume required and the sources from which that water will be drawn. While industry attention has largely centered on electricity procurement and grid impactsMassachusetts Nuclear Verdict Leads To $90M Bad Faith Award
February 10, 2026 — Eric B. Hermanson & Timothy J. Langan - White and Williams
Insurers in Massachusetts have long struggled with the demands of MGL ch. G.L.c 176D, § 3(9)(f), which requires “prompt, fair and equitable settlements of claims in which liability has become reasonably clear.” Last month a Superior Court ruling illustrated the potentially draconian consequences of a violation: finding an insurer liable for more than $90 million in bad faith damages, in a case that might have settled under $3 million with proper handling.
The claimant, John Rooney, was a mason who fell off a scaffold at a construction site. He sued the general contractor. The general contractor, in turn, sought coverage as an additional insured under a series of Liberty Mutual policies issued to Rooney’s employer – the masonry company – with combined aggregate limits of $19.5 million.
Reprinted courtesy of Eric B. Hermanson, White and Williams and Timothy J. Langan, White and Williams
Mr. Hermanson mKahana Feld Partner Pascal Arteaga Achieves Prestigious TBLS Construction Law Board Certification
January 21, 2026 — Kahana Feld
Kahana Feld is pleased to announce that partner Pascal ArteagaStanding When It Comes to Real Property Owned by a Trust
February 23, 2026 — David Adelstein - Florida Construction Legal Updates
It is not uncommon for property to be owned in the name of the trust as part of an estate planning agenda. In construction, improvements are made all the time to real property owned in the name of a trust or later transferred to a trust for estate planning purposes.
In a recent case, the question became that if the property is owned by the trust does only the trust have standing to file the lawsuit. In this case, homeowners, in their individual capacities, sued a flooring contractor for defective work; however, prior to the lawsuit, the homeowners deeded the home (which would include the flooring in the home) to a revocable trust. The plaintiffs, though, were the trustees of the revocable trust and the settlors of the trust. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com
Kahana Feld Secures Voluntary Discontinuance With Prejudice in High-Exposure Trip-and-Fall Case
December 22, 2025 — Kahana Feld
Kahana Feld partners Rachael Marvin and Dominic Donato recently achieved a significant victory in Kings County obtaining a voluntary discontinuance with prejudice of a high-exposure trip-and-fall lawsuit just before oral argument on defendants’ motion for summary judgment.
Plaintiff claimed they were injured after tripping on an allegedly worn and cracked exterior stair at the clients’ property. However, through careful investigation and strategic motion practice, our team argued that the accident did not occur on the defendants’ premises, but instead on a nearby MTA subway platform, as identified by eyewitness accounts and plaintiff’s medical records. Additionally, our defense medical expert opined that the plaintiff’s severe leg injuries were inconsistent with the claimed fall location
Strategic Implementation of AI in AEC
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2019 Legislative Session
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Don’t Just Document- Document Right!
Amendments to Federal Rule of Evidence 702 – Expert Testimony
cdjs=793741020">The LA Fires Destroyed 11,000 Homes. Less Than 10% Have Permits to Rebuild
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