Salt Lake City Turns Winter Olympic Bid Into Statewide Bond Boom
August 12, 2025 —
Arvelisse Bonilla Ramos - BloombergUtah is betting that the 2034 Winter Olympics can do more than bring the world to Salt Lake City. It wants the Games to jumpstart a lasting economic transformation.
Local governments and agencies issued more than $4 billion of municipal bonds this year, fueling a surge of development across Salt Lake City, nearby ski resorts and the booming tech corridor to the south. Those debt issuances mark a 140% increase compared what Utah-based borrowers sold during the same period last year, according to data compiled by Bloomberg.
While several of the sales are framed as Olympic preparation, the projects are part of a broader effort to reshape the growing region into a hub for sports, tourism and business.
Downtown Salt Lake is the centerpiece of this vision. In April, the city
created a bond-issuing district to fund projects in the agreed reinvestment zone and to finance $1.8 billion in upgrades. The city had previously
approved increasing a local sales tax to support renovations to the
Salt Palace Convention Center and the Delta Center.
Read the full story...Reprinted courtesy of
Arvelisse Bonilla Ramos, Bloomberg
Preparation Is Key: How Condo and Homeowner Associations Can Protect Their Communities Amid Hurricane Season
September 23, 2025 —
Franchesco Soto & Amanda L. Gonzalez - Daily Business ReviewAs the hurricane season ramps up in Florida and forecasters predict an
above-average number of storms as late summer and fall approaches, condominium and homeowner associations must be strategic and prepared to protect their communities and mitigate risk. In the last 20 years, Florida has been hit by devastating hurricanes, including Hurricane Katrina (2005), Hurricane Wilma (2005), and Hurricane Irma (2017), which have caused significant damage and disruption to condominium associations and homeowners associations in the Miami area. On its own, Hurricane Irma is estimated to have caused $50 billion in damage. Due to their strong winds, heavy rainfall, and even storm surges, these hurricanes caused widespread flooding, power outages, and property damage for owners and tenants who own or reside within a condominium association or homeowner association. Handling the aftermath of a hurricane can be chaotic and can cost associations more than they expected to repair. Although preparing for hurricane season in South Florida is second nature for most, here are some key steps associations should consider when conducting their storm preparation reviews.
Reprinted courtesy of
Franchesco Soto, Ball Janik LLP and
Amanda L. Gonzalez, Ball Janik LLP
Mr. Soto may be contacted at fsoto@balljanik.com
Ms. Gonzalez may be contacted at agonzalez@balljanik.com
Read the full story...
Spring 2025 Environmental Update: New Cases, New Rules and Other Developments
June 23, 2025 —
Anthony B. Cavender - Gravel2Gavel Construction & Real Estate Law BlogTHE U.S. SUPREME COURT
City and County of San Francisco v. EPA (March 4, 2025)
In the first major environmental decision by the Court in the 2024 Term, the Court’s analysis of the Clean Water Act concluded that there was no provision in the Act supporting the imposition by EPA of an ambiguous water quality standard. Indeed, the majority lamented the absence of any concrete plan to achieve compliance. In addition, the Act’s “permit shield,” that deems a permittee to be in compliance with the law if it is adhering to the terms of its permit, could be imperiled by this new standard. (Interestingly, the opinion does not mention the recent revocation of the Chevron doctrine, which placed many agency determinations beyond the reach of the reviewing courts.) There were four dissenters, led by Justice Barrett, who was persuaded that a receiving water quality determination permit condition was consistent with the Court’s review of the CWA.
The city of San Francisco owns and operates a complex wastewater treatment facility that is subject to a municipal Clean Water Act NPDES permit issued by EPA. However, the latest permit renewal contains new provisions that make the permittee “responsible for the quality of the body of water into which the permittee discharges pollutants.” The Supreme Court, holds that this new requirement is not authorized by the text of the Act. Moreover, even if a permittee “punctiliously” follows every requirement of the permit, if the quality of the receiving water falls below the applicable standard—which the permit does not set forth in any particularity—the Court suggests that the city could be heavily penalized for such a transgression even though it was never obligated by the permit to take any specific steps other than those it undertook.
Read the full story...Reprinted courtesy of
Anthony B. Cavender, PillsburyMr. Cavender may be contacted at
anthony.cavender@pillsburylaw.com
Oregon Supreme Court Finds Recovery for an "Accident" Depends On Whether There is Tort Liability
June 23, 2025 —
Tred R. Eyerly - Insurance Law HawaiiThe Oregon Supreme Court wrestled with the meaning of "occurrence" in a liability policy, determining that recovery for an "accident" depended on whether there was a basis in fact for imposing tort liability. Twigg v. Admiral Ins. Co., 2025 Ore. LEXIS 242 (Ore. April 17, 2025).
Plaintiffs hired the insured, Rainier Pacific Development LLC, a general contractor, to build a home on a hillside lot. Once construction was substantially complete and plaintiffs had taken possession, they notified Rainier of various construction defects. This included the garage floor being sloped and cracked in the middle area and sloped inward, toward the house, raising the risk of water damage to the house. Rainier failed to timely fix the problem and plaintiffs initiated arbitration proceedings.
Plaintiffs and Rainier settled their dispute through a "Repair Agreement" in which they established specific performance standards for completing specified repairs. Rainier hired a subcontractor to install a lightweight concrete overlay, known as the "Ardex", which was to be laid over the previously installed garage floor. The subcontractor completed its installation of the Ardex, but, before Rainier had completed any other work under the Repair Agreement, plaintiffs reinitiated arbitration.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Green Cement? You Bet!
August 05, 2025 —
Christopher G. Hill - Construction Law MusingsFor this week’s Guest Post Friday, Musings has the privilege of a post from Kelly McGinnis of the Portland Cement Association. As PCA’s Program Coordinator of Sustainable Development Ms. McGinnis is responsible for several green outreach and education programs for the design and construction community. Additionally, she oversees content development for www.ConcreteThinker.com and its companion sustainably-focused e-newsletter.
Ms. McGinnis is a member of the Chicago Chapter USGBC and serves on its Education and Research Committee. She has more than 6 years experience in the environmental sciences and has a Bachelors degree in Environmental Science and Ecology from Evergreen State College, Olympia, Wash.
Follow the Portland Cement Association on Twitter @concretethinker.
The cement industry is aware of the environmental impacts of cement manufacturing and continues to work toward reducing those impacts. Because of environmental concerns, some dismiss cement products as sustainable building materials. These naysayers, however, are missing the ability of concrete building systems to actually negate the initial impact of cement manufacturing through concrete’s incredible durability and the long-term energy efficiency it provides.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Congratulations to Partners Bryan Stofferahn and Jason DiGioia on Successfully Securing Nearly 12 Million Dollars in a Complex Construction Defect Case!
May 23, 2025 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPWe are proud to announce a significant legal victory for BWB&O’s contractor client in a complex and hard-fought case involving alleged construction defects to the flooring system at a major hospital in the Bay Area. BWB&O partners Bryan Stofferahn and Jason DiGioia successfully secured nearly $12 million in recovery from multiple cross-defendants, including the architect, product manufacturers, and product suppliers of the materials installed by BWB&O’s client.
The case arose from the catastrophic failure of a never-before-installed flooring system, which resulted in severe cracking and necessitated the replacement of the entire flooring system. BWB&O’s contractor client pursued recovery after settling with the hospital owner, navigating multiple legal and insurance coverage challenges along the way. Throughout the process, Bryan and Jason worked tirelessly, overcoming significant coverage issues and successfully triggering multiple insurance policies of the cross-defendants. After lengthy expert depositions, the case was globally settled. Bryan and Jason secured an 8-figure settlement, but more importantly, they also preserved the business operations of BWB&O’s client.
Read the full story...Reprinted courtesy of
Bremer Whyte Brown & O'Meara LLP
Motion to Strike Insureds' Experts Denied, Claims under Fair Claims Settlement Act Survives Summary Judgment
August 06, 2025 —
Tred R. Eyerly - Insurance Law HawaiiThe court denied the insurer's motion to strike the insureds' expert witnesses, and denied the insurer's motion to dismiss claims under the Texas fair claims settlement act. Gerstman v. Crestbrook Ins. Co., 2025 U.S. Dist. LEXIS 108705 (N.D. Tex. Jun 9, 2025).
The insureds' property suffered damage when, during a hail and wind storm, a tree branch fell onto the property. The insureds made a claim with their insurer, Crestbrook Insurance Company. Crestbrook inspected the property and estimated damages totalling $6,061.68. Because the sum was less that the $25,000 deductible, Crestbrook did not make a payment.
The insureds hired a public adjuster who estimated repair costs totalling $137,545.19, including a full replacement of the roof. Crestbrook then reinspected and increased the damage estimate of $10,093.45, which was still below the deductible.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Navigating Tariffs in Construction Contracts: Creative Strategies for Owners and Contractors
July 01, 2025 —
Bill Shaughnessy - ConsensusDocsIntroduction
Steering Through the Storm of Tariff Uncertainty
Tariffs on critical construction materials—steel, aluminum, lumber, and more—are roiling project budgets and schedules, leaving owners and contractors adrift in a sea of cost uncertainty. As tariff negotiations remain murky and unresolved, these financial headwinds are likely to persist, threatening the stability of ongoing and future projects. Yet, within this storm lies a chance to chart a steadier course. By embedding strategic, tariff-savvy provisions in construction contracts, owners and contractors can shield their projects from volatility and seize control of their financial destiny. This article explores creative strategies to address tariff challenges, empowering stakeholders to navigate uncertainty with confidence.
Strategic Contract Provisions to Mitigate Tariff Risks
Carefully crafted contract language is the cornerstone of managing tariff-related uncertainties. Below are innovative strategies to consider when negotiating and drafting construction agreements, designed to balance risk allocation and maintain project viability:
Incorporate Material Cost Escalation Provisions
Tailored material escalation clauses allow for adjustments to the contract sum when tariffs significantly increase material costs post-contract execution. Such a clause limits relief to tariffs enacted after the contract is signed, ensuring that only unforeseen regulatory changes trigger adjustments. This incentivizes contractors to lock in pricing early while protecting owners from absorbing pre-existing tariff burdens.
Read the full story...Reprinted courtesy of
Bill Shaughnessy, Jones WalkerMr. Shaughnessy may be contacted at
bshaughnessy@joneswalker.com