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DIRECTORY AND CAPABILITIES

Homeowner Allowed to Amend Complaint to Demonstrate Third-Party Beneficiary Status Under Lender-Placed Policy

May 12, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The homeowner's complaint was improperly dismissed without leave to amend to demonstrate she was a third-party beneficiary of a lender-placed policy on her home. Williams v. Integon Nat'l Ins. Co., 2025 U.S. App LEXIS 6919 (5th Cir. March 25, 2025). Ellen Williams purchased a home which was mortgaged by Flagstar Bank. Because she did not insure the home, Flagstaff obtained a "lender-placed hazard insurance policy from Integon at Williams' expense. The policy named Flagstaar as the "insured" and Williams as the "Borrower." Williams paid all premiums and complied with all requirements in the policy. Flagstar negotiated for a policy limit of $77,934, rather than opting to use its own insurable interest in the property to cap the liability risk. The policy provided as follows:

13. Loss Payment. WE will adjust each LOSS with [Flagstar] and will pay [Flagstar]. If the amount of Loss exceeds [Flagstar's] insurable interest, WE will pay BORROWER any residual amount due for the LOSS, not exceeding the Limit of Liability indicated on the NOTICE OF INSURANCE.

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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Pulling Off the Band-Aid

April 01, 2025 — Daniel Lund III - Lexology
Did you know: some states consider a surety bond a “contract of adhesion?” By definition, a “contract of adhesion” describes an agreement which is deemed to be one-sided, as opposed to a “cohesive” agreement where parties are of relatively equal bargaining and negotiating power (think about two water droplets coming together to form a cohesive bond). A contract of adhesion is a “[s]tandardized contract form offered to consumers of goods and services on essentially ‘take it or leave it’ basis without affording consumer realistic opportunity to bargain and under such conditions that consumer cannot obtain desired product or services except by acquiescing in form contract. Distinctive feature of adhesion contract is that weaker party has no realistic choice as to its terms.” Black’s Law Dictionary (West 5th Ed. 1979), page 38. Read the full story...
Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

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2025 Construction Law Update

January 07, 2025 — Garret Murai - California Construction Law Blog
It’s that time of year again. The second half of the 2023-2024 legislative session saw the introduction of 2,124 bills, of which, 1418 were signed into law. Among the bills signed by the governor impacting contractors is an increase in the small work licensing exemption for $500 to $1,000, the licensing of Indian tribes by the CSLB, and a number of project-specific bills, as is typical, related to project-specific alternative project delivery methods. Wishing you and yours a great 2025! Licensing AB 2622 – Increases the small work licensing exemption from $500 to $1,000 provided that the work: (1) does not require a building permit; and (2) does not involve the employment of others to perform or assist in the work. Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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Chambers USA 2025 Recognizes Four Partners and Three Practices at Lewis Brisbois

July 01, 2025 — Lewis Brisbois Newsroom
Washington, D.C. (June 5, 2025) – Four Lewis Brisbois partners and three Lewis Brisbois practices were recently ranked by Chambers in its 2025 USA rankings list. Wichita Managing Partner Alan L. Rupe was ranked Band 1 for “Labor & Employment – Kansas.” Phoenix Partner Gina M. Bartoszek was ranked Band 2 for “Insurance – Arizona.” Washington, D.C. Managing Partner Jane C. Luxton was ranked Band 4 for “Environment – District of Columbia.” Additionally, Washington, D.C. & Fort Lauderdale Partner J. Mario Fontes, Jr. was ranked Band 5 for “Corporate/M&A & Private Equity – Florida: South.” Chambers also ranked Lewis Brisbois’ Georgia Insurance Practice Band 2, its Kansas Labor & Employment Practice Band 2, and its Washington, D.C. Environmental Practice Band 4. Read the full story...
Reprinted courtesy of Lewis Brisbois

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GRSM Attorneys Selected to 2024 Super Lawyers and Rising Stars Lists

January 14, 2025 — Gordon Rees Scully Mansukhani
Super Lawyers® has released its 2024 attorney lists across various regions of the United States. This year, 169 Gordon Rees Scully Mansukhani attorneys have been selected, with 51 named to Super Lawyers and 118 named to Rising Stars. *For attorneys licensed to practice in New Jersey: No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Please visit the Super Lawyers Selection Process for a detailed description of the Super Lawyers and Rising Stars selection methodology. The selections are a result of independent research by the team at Super Lawyers® to determine no more than the top five percent of legal professionals in each geographic region. The research team selects no more than two and a half percent of the lawyers in each geographic region to the Rising Stars list. Read the full story...
Reprinted courtesy of Gordon Rees Scully Mansukhani

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Mind Those Deadlines! Party Loses Appeal of Arbitration Decision by Failing to Timely File a Petition to Vacate

April 01, 2025 — Garret Murai - California Construction Law Blog
Arbitration provisions are increasingly common in construction contracts. Indeed, the boilerplate AIA contract documents include a standard arbitration provision providing for arbitration before the American Arbitration Association (“AAA”) (Note: AAA isn’t the only arbitration provider, and I’ve often wondered why the AIA includes the AAA only. Some sort of deal perhaps?). Whether you love arbitration or not – although “love” may be a bit of a strong word, and perhaps “prefer over litigation,” is more appropriate – there are strict deadlines under California law when it comes to confirming an arbitration award (if you win), challenging an arbitration award (if you lost), or seeking to vacate an arbitration award. In Valencia v. Mendoza, 103 Cal.App.5th 427 (2024), the Second District Court of Appeals discussed those deadlines in a case involving a “flip” gone wrong. Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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Safeguarding History: Fire Risks in Renovating Historic Buildings

January 28, 2025 — Birgitte Messerschmidt - Construction Executive
The renovation of historic and unique buildings is both a labor of love and a huge responsibility. Rich in stories and architectural beauty, these structures link communities to their past. However, giving new life to these iconic buildings through renovation projects can place them in jeopardy, as fire-related risks remain a significant challenge. This is evidenced by the number of devasting fire tragedies that have happened during work on these structures, including at the Glasgow School of Art in 2014 and 2018 and the Notre-Dame Cathedral in 2019, showcasing how vulnerable these buildings are amid the status quo of renovation protocols. Preventing these types of fire-related incidents during future historic building renovations, maintaining compliance with codes and standards such as NFPA 241, Standard for Safeguarding Construction, Alteration, and Demolition Operations, and NFPA 914, Code for the Protection of Historic Structures, must be a top priority for all workers on site. These resources provide workers with the proper tools and guidelines to address the intricate challenges that come with these operations. Reprinted courtesy of Birgitte Messerschmidt, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Environmental Update: Regulatory Notes – April 2025

May 12, 2025 — Anthony B. Cavender - Gravel2Gavel Construction & Real Estate Law Blog
April has proven a busy month for environmental issues when it comes to the regulatory arena. Below are just a few of the notable developments:

• Coal-Fired Relief: On April 8, 2025, the President issued Presidential Proclamation 10914, “Regulatory Relief for Certain Stationary Sources to Promote American Energy,” published in the Federal Register on April 21, 2025, at 90 FR 16777. A 2024 change to EPA’s National Emissions Standards will place severe burdens on coal-fired power plants. Accordingly, the President, pursuant to the authority vested in him by the Constitution and Section 112(i)(4) of the Clean Air Act, proclaims that the sources identified in Annex I of this Proclamation are exempt from compliance with the rule for two years, beginning on July 8, 2027, and concluding on July 8, 2029. At the present time, technology to implement the new standards is not available. (Forty-seven stationary sources are identified in Annex I.)

• A Modified General Permit for the CWA: On April 15, 2025, EPA published its modifications to the 2022 Clean Water Act Construction General Permit. (See 90 FR 15653.)Section 402 of the Act authorizes EPA to regulate construction activities that result in discharges of pollutants to the waters of the United States. The initial notice of a revised Construction General Permit was published in the Federal Register on January 24, 2022. The latest revisions apply to “Lands of Exclusive Federal Jurisdiction,” where EPA is the only permitting authority. In addition, this latest notice responds to the recent Supreme Court ruling in City and County of San Francisco v. EPA, which concerned ambiguous receiving water quality limitations applicable to many municipal wastewater treatment facilities. EPA is likely to provide additional guidance that will be of interest to National Pollutant Discharge Elimination System (NPDE) permittees.

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Reprinted courtesy of Anthony B. Cavender, Pillsbury

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