Kahana Feld Secures Discontinuance with Prejudice in Fraudulent Case
January 06, 2026 —
Kahana FeldKahana Feld secured a victory for its client after uncovering evidence that the plaintiff’s alleged trip-and-fall claim was fraudulent. The plaintiff sought $8 million in damages and claimed serious spinal and knee injuries stemming from an incident outside a Bronx retail store.
Through strategic investigation and a crucial non-party deposition, our team established that the plaintiff’s identified eyewitness was out of the country at the time of the alleged accident—contradicting the plaintiff’s testimony and confirming the falsity of the claim.
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Kahana Feld
Maryland Enacts Climate-Cost Study Over Veto, New Jersey Advances Climate Superfund Proposal as Earlier State Laws Face Ongoing Court Challenges
January 21, 2026 —
Amanda G. Halter, Ashleigh Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law BlogMaryland lawmakers have overridden the governor’s veto to enact legislation directing a statewide assessment of climate-related costs, while New Jersey lawmakers are preparing a January committee hearing for the State’s pending Climate Superfund Act. Together, these actions underscore continued state-level interest in both study-based and liability-focused climate-cost attribution frameworks, even as four separate lawsuits challenging state climate superfund statutes in New York and Vermont proceed in federal court.
Maryland Legislature Overrides Veto to Advance Climate-Cost Assessment
On December 16, the Maryland General Assembly voted to override Governor Wes Moore’s veto of S.B. 149 / H.B. 128, the “Climate Change Adaptation and Mitigation – Total Assessed Cost of Greenhouse Gas Emissions – Study and Reports” Act. The vote followed the Governor’s announcement, just days earlier, that his administration would fully fund the study mandated by the bill, effectively reversing his prior veto.
Reprinted courtesy of
Amanda G. Halter, Pillsbury,
Ashleigh Myers, Pillsbury and
Jillian Marullo, Pillsbury
Ms. Halter may be contacted at amanda.halter@pillsburylaw.com
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
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Scope of Products Requiring Proposition 65 Warnings in California Poised to Grow
February 23, 2026 —
Brian M. Ledger & Chassen B. Palmer - Gordon Rees Scully MansukhaniThe scope of products to be drawn into the warning requirements under California’s Proposition 65 law may soon be growing. California’s Office of Environmental Health Hazard Assessment (OEHHA) requested information from the public on the reproductive toxicity of p,p’-bisphenol chemicals. OEHHA is the lead agency for the implementation of Proposition 65, formerly known as the Safe Drinking Water and Toxicity Enforcement Act of 1986. OEHHA’s request for information is a step toward regulators classifying all p,p’-bisphenol chemicals as reproductive toxicants under Proposition 65.
California’s Proposition 65
Under Proposition 65, businesses are required to post clear and reasonable warnings before individuals are exposed to chemicals listed by the state of California as carcinogens or reproductive toxicants. To date, California has listed approximately 900 chemicals that fall under Proposition 65 regulation. Businesses may be held liable for up to $2,500 per violation per day. Proposition 65 can be enforced by public prosecutors (e.g., the California attorney general or district attorneys) or by private enforcers (known as “bounty hunters”).
Reprinted courtesy of
Brian M. Ledger, Gordon Rees Scully Mansukhani and
Chassen B. Palmer, Gordon Rees Scully Mansukhani
Mr. Ledger may be contacted at bledger@grsm.com
Mr. Palmer may be contacted at cbpalmer@grsm.com
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California’s Retention Reform on Private Construction Projects
February 17, 2026 —
Michael McKeeman - The Construction SeytRetention has long been a contentious issue in California construction. Traditionally, owners withheld retention of 10% from each progress payment until completion, arguing it was necessary to ensure performance, quality and timely delivery. Contractors and subcontractors, however, often struggled with cash flow, payroll, and material costs while waiting months—sometimes even years—for withheld retention.
Recognizing the financial challenges contractors and subcontractors face, the California legislature passed Senate Bill 61 (“SB 61”), now codified under California Civil Code Section 8811 and effective January 1, 2026, limiting retention to 5% on private works of improvement, aligning with the public works standard in place since 2012. The law’s intent is clear—ease financial strain on contractors and subcontractors while still providing owners with security (albeit reduced) with respect to project completion.
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Michael McKeeman, SeyfarthMr. McKeeman may be contacted at
Construction’s AI Moment — Why Contractors Are Increasingly Optimistic
December 30, 2025 —
Aarni Heiskanen - AEC BusinessA new industry research report from Dodge Construction Network in partnership with CMiC reveals a striking level of optimism among contractors about the transformative potential of artificial intelligence in construction.
According to the survey, 87% of contractors believe AI will meaningfully transform their businesses, even though current adoption remains relatively low. This optimism reflects a growing recognition that AI isn’t just a buzzword, but a set of capabilities beginning to deliver tangible operational value across the built environment.
Evolving roles
One of the most interesting shifts the report highlights is how contractors envision their own roles evolving. Instead of being bogged down in repetitive administrative tasks, project teams expect AI to enable them to work more strategically, focusing on predictive insights rather than reactive fire-fighting.
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Subcontrator’s Insurer Must Reimburse for Defense of Contractor
January 21, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe court determined that the subcontractor’s insurer owed a defense to the additional insured general contractor in a bodily injury suit. Charter Oak Fire Ins. Co. v. Liberty Mut. Fire Ins Co., 2025 U.S. Dist. LEXIS 227712 (S.D. W. V. Nov. 19, 2025).
A.L.L. Construction, Inc. was the general contractor for a construction project. West Virginia Paving, Inc. was the subcontractor for paving work. After construction began, Charlottee Smith allegedly fell and was injured due to A.L.L. and West Virginia Paving’s negligent work. She sued both A.L.L. and West Virgina Paving. Smith and West Virginia Paving settled.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
High-Rise Design and Construction: Then, Now, and Next
March 16, 2026 —
Aarni Heiskanen - AEC BusinessThe Empire State Building was built in 14 months. Since 2010, the average completion time for a 200-meter-plus building has increased from
4.3 to 5.8 years. Buildings have become more complex, and there's more regulation than in the 1930s. Still, there are ways to make high-rise construction more efficient.
An Unlikely Benchmark From 1930
When construction began on the Empire State Building on March 17, 1930, the world was in the midst of the Great Depression. That turned out to be an advantage. Contractors Starrett Brothers & Eken had access to a vast, motivated workforce, peaking at 3,439 workers on a single day in August 1930.
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
The Dominguez Case and Deed Fraud: Who Criminals Target and How to Protect Yourself Against Fraud
November 04, 2025 —
Lauren P. Merdinger, Ryan D. Konsdorf, Jordin Pettit & Alison Tobin - Snell & WilmerArizonans should be aware of a recent decision from the Arizona Supreme Court that increases consequences for unsuspecting victims of deed fraud. Deeds are official documents that memorialize the owner of real property. When real property is bought, inherited, or otherwise conveyed, the deed is transferred to the new owner, who formally records the document with the county in which the real property exists to signify a change in ownership. However, scammers can create fraudulent deeds by forging landowner’s signatures, purporting to transfer the real property without the rightful owner’s consent. The Arizona Supreme Court’s recent ruling in Dominguez will impact victims of deed
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