Microscopic Soot, Major Win: Policyholder Coverage Expands
January 06, 2026 —
Scott P. DeVries & Natalie Reed - Hunton Insurance Recovery BlogIn a recent opinion, the 8th Circuit rejected an insurer’s attempt to expand insurer victories in a COVID-19 context to other more traditional claims of property damage. Reaffirming long standing principles, the court held soot and water damage associated with a fire constituted “direct physical loss or damage” under a commercial property insurance policy.
The policyholder, Maxus Metropolitan, sued their insurer, Travelers, which had refused to reimburse Maxus for remediation costs associated with a fire at their building. The dispute arose after one of six buildings in a complex owned by Maxus caught fire. Travelers covered part of the damage for the building that caught fire. However, seven months after the fire, Maxus learned of soot and water damage throughout the other five buildings, some of which were under construction and some that had residents. The commercial property policy Travelers issued to Maxus covered up to $35 million in “direct physical loss…or damage.” Travelers refused to reimburse for the remediation and in response Maxus sued Travelers for breach of contract and vexatious refusal to pay in Missouri.
Reprinted courtesy of
Scott P. DeVries, Hunton Andrews Kurth LLP and
Natalie Reed, Hunton Andrews Kurth LLP
Mr. DeVries may be contacted at sdevries@hunton.com
Ms. Reed may be contacted at nreed@hunton.com
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Reckless Disregard is. . . Well. . .Reckless
December 30, 2025 —
Christopher G. Hill - Construction Law MusingsPunitive damages are hard to come by in construction law cases. This is because almost all construction contract cases are exactly that: contract cases. Between the
economic loss rule and the Virginia Courts’
almost (though not completely) impregnable wall between tort and contract, punitive damages may seem completely out of the picture. Depending on your perspective and position on the construction project food chain, this fact can be either frustrating or comforting.
However, like all seemingly immutable laws, this one has an exception according to the Chesapeake County, Virginia Circuit Court. In
Sawyer v. C.L. Pincus Jr. & Co. et. al. this Virginia court was faced with the following scenario. The defendants, a church and its contractor, were sued by Sawyer over a construction swale that was built partly on Sawyer’s property. According to the plaintiff, the only permission they gave to their neighbors at the church was to allow the church to build a drainage berm that did not encroach on their property. As stated above, the church and its contractor built a swale that encroached on the Sawyers’ property.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
$400M Tunnel Project Faces Scrutiny from Nashville Leaders
November 21, 2025 —
Vince Kong - Engineering News-RecordAs state and local officials in Tennessee raise concerns over limited transparency surrounding the proposed $400-million Music City Loop - a transit tunnel in Nashville intended to connect downtown with the city’s international airport - lead developer The Boring Co. has quietly begun excavation near the Tennessee State Capitol.
Read the full story...Reprinted courtesy of
Vince Kong, Engineering News-RecordMr. Kong may be contacted at
kongv@enr.com
Navigating Wind and Solar Development Opportunities on State and Private Lands During Uncertain Times for Renewable Energy
February 02, 2026 —
Cara M. MacDonald, Robert G. Howard & Andrew Jacobs - Gravel2Gavel Construction & Real Estate Law BlogRecent executive actions and federal guidance have targeted wind and solar development, creating substantial uncertainty for the U.S.
offshore wind industry and also reshaping the regulatory landscape governing onshore wind and solar development. Wind and solar projects on federal lands are now subject to heightened review processes and enhanced regulatory scrutiny. As a result, many developers are considering opportunities on state-owned and privately held lands rather than federal lands.
2025 Federal Executive Actions Impacting Wind and Solar
At the federal level, renewable energy development on public lands is governed primarily by the Federal Land Policy and Management Act and administered by the Bureau of Land Management. The agency provides rights of way and leases (in designated leasing areas) for energy project development. Despite significant incentives for renewable energy development under the Biden administration, the Trump administration has deprioritized renewable energy in support of traditional energy sources like oil, gas and coal, as well as nuclear and geothermal energy.
Reprinted courtesy of
Cara M. MacDonald, Pillsbury,
Robert G. Howard, Pillsbury and
Andrew Jacobs, Pillsbury
Ms. MacDonald may be contacted at cara.macdonald@pillsburylaw.com
Mr. Howard may be contacted at robert.howard@pillsburylaw.com
Mr. Jacobs may be contacted at andrew.jacobs@pillsburylaw.com
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So You Want to Build a Safety Plan
November 18, 2025 —
Construction ExecutiveAs unique and nuanced as each construction project, so are the safety needs of each company handling the project. To learn how to tailor a safety program to your company’s needs, Construction Executive sat down with
Tony Foster, senior EHS director at
Skanska. From how-tos on getting started, creating buy-in and keeping up to date on OSHA standards, to taking advantage of the latest safety technology, here is his insider knowledge:
What type of safety program is best for which kinds of businesses? (i.e. small vs. large firm; regional vs. national; architect and design vs. manufacturer; general contractor vs. subcontractor; etc.)
The approach to safety shouldn’t change by project, no matter how big or small. The most important task is the project, but also making the people who are working on the project feel like they are a part of the program and can ask questions about any concerns that they have. There needs to be visibility of leaders on the project, and an open line of communication when it comes to safety on the worksite.
Reprinted courtesy of
Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Fire Protection You Can Trust Starts With the Right Testing
December 22, 2025 —
Fernanda Gregati - Construction ExecutiveSteel’s strength and flexibility enable bold architectural design, fast project delivery and enduring structures. Despite its many advantages, steel has one critical vulnerability: It fails in fire of certain temperatures.
According to the
American Institute of Steel Construction, steel can lose roughly half its load-bearing strength at 1,100°F (593°C). The organization also reports that in real-world building fires, fueled by everyday office contents such as wood, paper and furniture, temperatures can exceed this threshold in minutes. That’s why many building codes mandate passive fire protection systems on exposed structural steel. Among the most effective prove thin-film intumescent coatings that expand under heat to form a charred insulating layer. These coatings delay heat transfer, allowing steel to maintain its integrity long enough to allow more time for evacuation and emergency response.
Reprinted courtesy of
Fernanda Gregati, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Court Conditionally Grants Mandamus Relief to Compel Appraisal
February 02, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe court conditionally granted the insurer’s writ of mandamus to compel an appraisal after the trial court denied the insurer’s motion to compel appraisal. In re Am. Zurich Ins. Co., 2025 Tex. App. LEXIS 8932 (Tex. Ct. App. Nov. 20, 2025).
The insureds, Jay Steinfeld and Barbara Winthrop (Steinfeld) ,hired Southhampton Group to build their home. Construction began in 2021. Southhampton Group obtained a builder’s risk policy from Zurich which named Steinfeld as an additional insured. Shortly before completion of the home, Sheet Metal Crafts, a subcontractor working on the home’s roof, caused a fire that substantially damaged the home.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
