Building the Research and Healthcare Facilities of Tomorrow Without Impacting the Progress of Today
August 16, 2026 —
Jason Tobias - Construction ExecutiveResearch labs run experiments that can’t be paused. Hospitals treat patients around the clock. Yet these same facilities constantly need upgrades—new infrastructure, modernized systems, renovated spaces—to meet the demands of twenty-first century science and medicine. The challenge for construction teams isn’t just building. It’s building without ever turning the lights off.
This unique dynamic creates an environment where construction activities are happening adjacent to sensitive testing and treatment, a complex setting where disruptions can have serious consequences.
Skanska continues to successfully navigate these challenges across multiple sectors, including from occupied lab space at the
North Carolina Department of Environmental Quality’s (NCDEQ) Reedy Creek Laboratory in Raleigh to hospital corridors alongside staff and patients in various hospital locations across the country.
Reprinted courtesy of
Jason Tobias, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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PJM’s Reliability Backstop Procurement Proposal—Fast-Track Capacity to Meet Rising Large-Load Demand
May 12, 2026 —
Stephen J. Humes, Alicia M. McKnight, Jason Drogin Atwood & Andrew H. Jacobs - Gravel2GavelIn January, we discussed the Statement of Principles jointly signed by the National Energy Dominance Council and governors across the mid-Atlantic region—framing accelerating demand (especially from large-scale data centers) as an emergency reliability issue for PJM Interconnection, L.L.C. (PJM), the nation’s largest power grid operator. That policy signal is now becoming a near-term, accelerated procurement and contracting exercise. On April 8, 2026, PJM notified stakeholders of a critical issue fast path reliability backstop procurement process. PJM subsequently released a request for information (RFI) with respect to a proposed Reliability Backstop Procurement (RBP)—a one-time mechanism intended to attract significant new capacity to address projected reliability shortfalls driven by large-load growth.
RBP compresses what is often a multiyear market and regulatory conversation into a fast-moving set of commercial choices. Developers, large loads, utilities and capital providers should be preparing now for (i) an accelerated bilateral contracting window and (ii) a standardized PJM-led backstop procurement if bilateral deals do not clear enough capacity.
Reprinted courtesy of
Stephen J. Humes, Pillsbury,
Alicia M. McKnight, Pillsbury,
Jason Drogin Atwood, Pillsbury and
Andrew H. Jacobs, Pillsbury
Mr. Humes may be contacted at stephen.humes@pillsburylaw.com
Ms. McKnight may be contacted at alicia.mcknight@pillsburylaw.com
Mr. Atwood may be contacted at jason.atwood@pillsburylaw.com
Mr. Jacobs may be contacted at andrew.jacobs@pillsburylaw.com
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Seventh Circuit, With an Assist From the Illinois Supreme Court, Finds That “Pollution Exclusion” Bars Coverage For Emissions Allowed Under Regulatory Permit
April 20, 2026 —
Jason Taylor - Traub Lieberman Insurance Law BlogIn Griffith Foods Int’l Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, 24-1217 & 24-1223 (7th Cir. Mar. 13, 2026), the Seventh Circuit addressed the meaning and scope of a pollution exclusion in a standard-form commercial general liability insurance policy for underlying injuries caused by ethylene oxide (EtO) emissions. The insurance dispute arose out of underlying tort litigation involving bodily injury claims, including cancer, allegedly caused by emissions of ethylene oxide over a 35-year period from 1984 through 2019 by Griffith Foods International and later Sterigenics U.S. The pollution exclusion at issue generally barred coverage for “bodily injury” arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, or other irritants, contaminants or pollutants.
Interpreting similar exclusions, the Illinois Supreme Court has previously held that the standard CGL pollution exclusion bars coverage for bodily injuries caused by traditional environmental pollution (essentially industrial emissions of pollutants), but not by more commonplace emissions (such as carbon monoxide from a residential furnace or excess chlorine in a backyard swimming pool). See American States Insurance Co. v. Koloms, 177 Ill. 2d 473 (Ill. 1997). In Griffith Foods, the District Court initially concluded that the pollution exclusion did not apply because the companies emitted EtO pursuant to a permit issued by the IEPA. The District Court reached this latter conclusion by applying Erie Insurance Exchange v. Imperial Marble Corp., 957 N.E.2d 1214 (Ill. App. Ct. 2011), an Illinois intermediate appellate court decision finding it ambiguous whether a CGL policy’s pollution exclusion barred coverage for emissions authorized by regulatory permit.
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Jason Taylor, Traub LiebermanMr. Taylor may be contacted at
jtaylor@tlsslaw.com
$356 Million Judgement Against Developer for Defective Construction of DC Condominium
August 16, 2026 —
Nicholas D. Cowie - Cowie Law GroupOn July 31, 2026, the Superior Court of the District of Columbia entered a $356,085,513.00 judgment against developers JBG Smith for defective construction and renovation of the Wardman Tower Residential Condominium in Washington, D.C. The case is Wardman Tower Residential Condominium Unit Owners Association v. JBG Smith Properties, et al., No. 2020 CA 004807 B (D.C. Super. Ct.). In a 148-page
Trial Order, the D.C. Superior Court awarded $118,695,171.00 in damages in favor of the condominium association and against the condominium developers, including JBG Smith. The Court trebled those damages pursuant to the District of Columbia Consumer Protection Procedures Act (“CPPA”) to reach an ultimate judgment of $356,085,513.00. See Cowie Law Group:
DC Condominium Construction Defects: Recovering Attorney’s Fees, Litigation Expenses & Treble Damages Under the Consumer Protection Procedures Act.
Cowie Law Group, P.C. filed the lawsuit on behalf of the Association in 2020. The firm represented the Association throughout years of pretrial discovery and ultimately served as trial counsel with Williams & Connolly LLP during a lengthy bench trial before the Honorable Yvonne Williams. The Cowie Law Group team included attorneys, George A. Bealefeld, III, Albert G. McCarraher, Stanford L. Kimmel, III and Nicholas D. Cowie.
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Nicholas D. Cowie, Cowie Law GroupMr. Cowie may be contacted at
ndc@cowielawgroup.com
Congratulations to BWB&O’s Orange County Team for Securing a Strong MSJ Result in a Residential Gas Explosion Matter!
May 14, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPHuge Congratulations to Partner
Kevin Wheeler and Associate
Lindsey Wells for securing a strong result on a Motion for Summary Judgment / Summary Adjudication filed on behalf of their client, the City of Murrieta. This was a complex, multi-party matter arising from a residential gas leak and explosion, where Plaintiffs alleged the City and MFPD failed to properly respond to the incident. After multiple complaints were consolidated and extensive defense work narrowed the case, eighteen plaintiffs remained asserting five causes of action against the City, prompting a comprehensive MSJ/MSA targeting liability, causation, and damages.
The Court’s ruling reflects a significant win, particularly on the immunity framework. The Court eliminated the core negligence and assumed-duty claims arising from fire protection and emergency response activities. It further disposed of the misrepresentation and public nuisance claims. At the end of the day, three plaintiffs were dismissed entirely for failure to comply with Government Claims Act requirements, further reducing the scope of the case. While the dangerous condition claim remains, it does so in a very limited posture.
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Bremer Whyte Brown & O'Meara LLP
Daily Journal Publishes Article by Brenda Radmacher on Proposed Overhaul of California Construction Defect Law
June 29, 2026 —
Brenda Radmacher - The Construction SeytDaily Journal (California) featured an article by Construction Law partner
Brenda Radmacher, “A new path for construction defects in California.” The piece, published on June 15, 2026, examines Assembly Bill 1903 and its potential to significantly reshape California’s construction defect framework, particularly for common interest properties.
The article highlights how AB 1903 would overhaul the state’s current right-to-repair system by mandating completion of prelitigation procedures, raising requirements for defect claims, strengthening developers’/builders’ rights to repair, and introducing a voluntary “certified building” program. The legislation aims to rebalance competing interests by reducing litigation-driven costs while preserving protections for homeowners.
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Brenda Radmacher, Seyfarth Shaw LLPMs. Radmacher may be contacted at
bradmacher@seyfarth.com
Document Everything! Always! No Exceptions! (AKA, Help Your Lawyer Help You!)
April 14, 2026 —
Melissa Dewey Brumback - Construction Law in North CarolinaI had a case last year in which once again I found myself thinking: if only my client had better documented the verbal agreements, we would have had a much easier time defending his work.
I know this is often easier said than done— you are in the middle of building a project, and you get a call, and you need to keep the project moving. No time for written change directives or a special bulletin. And yet—it is simply amazing to me the number of people who develop “litigation amnesia” about things when a lawsuit is involved.
Your documentation system does not need to be perfect. You can use a simple Field notebook and handwritten notations. A text memo to yourself or, better yet, an email confirmation to the owner/contractor/whoever.
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Melissa Dewey Brumback, Ragsdale Liggett PLLCMs. Brumback may be contacted at
mbrumback@rl-law.com
Landlord Determined to Not Qualify as Additional Insured
September 08, 2026 —
Tred R. Eyerly - Insurance Law HawaiiIn a dispute between two insurers, the Second Circuit affirmed the district court’s determination that the landlord was not an additional insured under the tenant’s policy. Peleus Ins. Co. v. Am. European Ins. Co., 2026 U.S. App. LEXIS 17981 June 22, 2026).
Blossom Miller sued 57th Avenue and 21st Century in state court alleging that she was injured when she tripped on the sidewalk in front of the leased premises (the “Miller Action”). The premises was leased by 57th Avenue to 21st Century.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com