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Construction
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October 21, 2025
Tribe's Home Defects Suit Belongs In Arbitration, Judge Told
Lennar Corp. on Tuesday told a Florida state judge that the Seminole Tribe's lawsuit alleging construction defects in more than 550 homes built for its members must be arbitrated, arguing that purchase agreements contain provisions that require the warranty claims to be resolved out of court.
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October 21, 2025
5th Circ. Revives Oil Co.'s Faulty Cement Coverage Suit
The Fifth Circuit revived an oil and gas producer's suit seeking coverage for a settlement it reached with a bankrupt oilfield services firm over faulty cement, saying a Texas federal court incorrectly tossed the company's duty to defend and indemnify claims against certain underwriters at Lloyd's of London.
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October 21, 2025
ISPs Put Almost $90B Into Networks Last Year, Report Says
Internet service providers are putting their money where their mouth is when it comes to investing in infrastructure, according to an industry lobbying group, which recently released a report finding that ISPs poured nearly $90 billion into broadband infrastructure last year.
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October 21, 2025
SilverRock Approved For $65M Sale Of Calif. Resort Project
Bankrupt real estate development firm SilverRock Development Co. LLC received approval Tuesday from a Delaware judge for the $65 million sale of its resort project assets to affiliates of Turnbridge Equities, with the court overruling objections tied to an existing ground lease on the property.
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October 21, 2025
Connell Foley Hit With $40M Suit Over NJ Hotel Project
A hotel developer is mounting a $40 million malpractice lawsuit against Connell Foley LLP in New Jersey state court, alleging the firm steered it into costly arbitration with a contractor on a hotel construction project.
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October 21, 2025
Incline Closes $300M Continuation Fund For Accredited Labs
Middle market private equity shop Incline Equity Partners on Tuesday announced that it wrapped a single-asset continuation vehicle with roughly $300 million in committed capital, which will be used to continue the firm's investment in Accredited Labs.
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October 20, 2025
Judge Sides With Insurer Over Glass Door Injury Dispute
A subcontractor's insurer owes no defense to the property management company for a BJ's Restaurant location in an ongoing lawsuit alleging that a glass door collapsed onto a patron, a New York federal court ruled, finding the management company is "at most" an additional insured.
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October 20, 2025
Tax Pros Seek Clarity In Energy Supplier Certification Rules
The U.S. Treasury Department should clarify how developers can demonstrate new supplier certification compliance for some clean energy tax credits retooled by the Republican budget law, practitioners said Monday, noting uncertainty over what information could suffice under new restrictions on certain foreign suppliers.
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October 20, 2025
Chemical Co. To Tap Compliance Chief In Investor Suit Deal
Shareholders who sued Origin Materials leaders for allegedly concealing a three-year construction delay affecting a planned production facility have urged a California federal court to greenlight a nonmonetary settlement that would see the sustainable chemical manufacturer appoint a chief compliance officer, among other things.
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October 20, 2025
Connecticut Official Had 'Dirtiest Hands Of All,' Jury Told
Former Connecticut school construction director Kosta Diamantis was a "corrupt public official" who pushed local authorities to hire a masonry contractor and a construction management firm that paid him a cut of their negotiated government contracts, prosecutors told a jury during closing arguments Monday.
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October 20, 2025
Bricklayer, Contractor End Suit Over Shuttling Time
A bricklayer and a refractory contractor told a Pennsylvania federal court Monday that they agreed to end a proposed class action claiming the company failed to pay workers for the time they spent shuttling to and from the construction of a petrochemical plant.
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October 20, 2025
DC Says It's Ready To Pick Subgrantees For BEAD Money
The District of Columbia has received the green light from the federal government on how it plans to use its $100 million slice of the Broadband Equity, Access and Deployment program pie after a Trump administration revamp of the program made all the states and territories rework their proposals.
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October 20, 2025
NJ Panel Skeptical That Vacation Time Is Paid Sick Leave
A New Jersey appellate panel on Monday questioned a concrete supplier's assertion that it complied with the state's Earned Sick Leave Law even without differentiating between workers' vacation time and paid sick leave.
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October 20, 2025
Pa. AG To Continue Grid Fight After PUC Bows Out
Pennsylvania Attorney General Dave Sunday sought to continue the appeal of a Third Circuit decision invalidating the state Public Utilities Commission's denial of a permit for a transmission project after the agency's chairman said he feared the appeal's outcome could weaken state authority.
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October 20, 2025
Trade Court OKs Gov't Nixing Duties On Chinese Tile
The U.S. Department of Commerce correctly found composite tile from China outside the scope of duties ordered on imported ceramic tile after twice failing to support its determination with sufficient evidence, according to an opinion issued by the U.S. Court of International Trade on Monday.
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October 20, 2025
Bridal Shop Says Insurer Can't Avoid Fire Coverage Suit
A bridal shop that won a $38 million judgment against a contractor following a fire at a neighboring property told a New York federal court that the contractor's insurer can't hide behind a default judgment it obtained against its policyholder in a prior suit to avoid the shop's coverage action.
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October 20, 2025
NJ Panel Tosses Challenge To Jersey City Plaza Renovation
A New Jersey appellate court rejected an appeal for a suit that challenged the renovation of a Jersey City plaza, ruling that the appeal is moot because the renovation project is finished and the plaintiffs don't want to get rid of the renovations.
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October 20, 2025
Supreme Court Declines Appeal Over Copyrighted Floor Plans
The U.S. Supreme Court on Monday rejected a petition that sought review of an Eighth Circuit ruling that found it was fair use for real estate agents to list the copyrighted floor plans of a home designer and his company.
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October 17, 2025
W.Va. Says Pole Owners Must Replace Old Utility Poles
Utility poles that have been "red tagged" for replacement must be replaced by whoever owns them, not the utility that is paying to use them, West Virginia's Public Service Commission has declared.
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October 17, 2025
Real Estate Recap: Lenders' Inner Circle, '25 Hospitality Deals
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a look at the real estate deal dynamics influencing the choice of lender counsel, and the law firms that guided the 10-figure hospitality mergers and acquisitions to date in 2025.
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October 17, 2025
Ex-Official Enforced Fee Deal With Job Threat, Jury Hears
Connecticut school construction director Kosta Diamantis on Friday admitted during cross-examination that he threatened to yank a masonry subcontractor from jobs in Tolland and Hartford if it didn't pay him what he claimed was a legitimate, agreed-upon $70,000 fee for lining up an introduction to a general contractor.
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October 17, 2025
1st Circ. Axes Claims For Unpaid Hurricane Maria Work
The First Circuit has told a Puerto Rico federal court to throw out a payroll company's claims against a contractor for allegedly failing to pay $1.4 million in labor costs for rebuilding projects after Hurricane Maria swept through the island.
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October 17, 2025
Robbins Geller To Steer REIT Investors' Suit Over $787M Deal
Robbins Geller Rudman & Dowd LLP will lead a proposed class of investors in real estate investment trust Broadmark Realty Capital Inc. who claim they were misled by executives from the REIT ahead of a $787 million merger with Ready Capital Corp. in 2023.
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October 17, 2025
Texas Readies $1.3B Spending Plan For Broadband Access
Texas, which was originally allocated $3.3 billion under the Biden administration, is about to submit its plans for using the $1.3 billion in federal broadband funding that was eventually awarded after a Trump administration revamp of the Broadband Equity, Access and Deployment program.
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October 17, 2025
Fed. Circ. Reopens Grid Construction Contract Fight
The Federal Circuit on Friday again revived a company's long-running lawsuit over the termination of its contract to build an electrical substation serving a federally owned portion of the grid, saying a lower court wrongly dismissed the case.
Expert Analysis
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How New Texas Law Revamps Electric Grid To Meet Demand
A new Texas law enacted in response to the burdens that data centers, crypto mining and other large-scale users are placing on the state's electric grid means that stakeholders must review updated requirements around grid interconnection, disclosure of development plans and operational flexibility during tight conditions, say attorneys at Jackson Walker.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Contract Disputes Recap: Spearin, Overpayments, Jurisdiction
Edward Arnold at Seyfarth examines three recent decisions addressing the limits of the Spearin doctrine in design-build contracts, the government's ability to recoup overpayments after a termination for convenience, and the Contract Disputes Act's strict and nonwaivable jurisdictional rules.
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Future Of Enviro Crimes Under Trump's Federal Regs Order
President Donald Trump's recent executive order about fighting overcriminalization in federal regulations creates new advocacy opportunities for defense counsel to argue that particular environmental crime investigations and matters ought to be limited or declined based on the policy priorities reflected in the order, say attorneys at Sidley.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Navigating Potential Sources Of Tariff-Related Contract Risk
As the tariff landscape continues to shift, companies must anticipate potential friction points arising out of certain common contractual provisions, prepare to defend against breach claims, and respond to changing circumstances in contractual and treaty-based relationships, say attorneys at Debevoise.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Florida Case Could Redefine Construction Defect Damages
If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.
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Texas Bill Could Still Boost Property Rights In Gov't Disputes
The passage of a bill in Texas that would provide litigants with access to a greater swath of judicial remedies in immunity disputes with government entities and officials would be an invaluable boon for property rights, says Nathan Vrazel at Munsch Hardt.
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Indemnity Lessons From Mass. Construction Defect Ruling
The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Ore. High Court Ruling Widens Construction Defect Coverage
A recent Oregon Supreme Court decision, Twigg v. Admiral Insurance, dispels the myth that a contractor's liability for defective work is uninsurable if pursued as a breach of contract, say attorneys at Stoel Rives.