"News and Information for Construction Defect and Claims Professionals"
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - WEDNESDAY, JUNE 24, 2026

A Texas appellate court recently ruled that a building permit wasn’t a condition precedent for a construction project.
A Texas appellate court recently ruled that a building permit wasn’t a condition precedent for a construction project. That caught our attention. Can you build a commercial project without a permit?
But as we read the case, we see the court’s reasoning. And it reminds us of an important legal principle that should inform our contract drafting and negotiation.
The case was a civil suit brought by the project owner against its tenant improvement contractor for work on a medical spa. The owner claimed that the contractor didn’t perform the work properly and didn’t finish construction. The contractor argued that delays and problems were caused by the owner, alleging numerous failures, including the owner’s failure to secure a building permit.
Reprinted courtesy of Curt Martin, Peckar & Abramson, P.C. and Richard Eiszner, Peckar & Abramson, P.C.
Mr. Martin may be contacted at cmartin@pecklaw.com
Mr. Eiszner may be contacted at reiszner@pecklaw.com

Specific construction risks can be limited through an LOL clause—that's limitation of liability.

Simple questions with not always with straightforward answers.
Mr. Murai may be contacted at gmurai@nomosllp.com
Reprinted courtesy of Garret D. Murai, Nomos LLP

In a recent property insurance coverage dispute, an issue on appeal pertained to the “prejudice” jury instruction associated with the insured’s failure to comply with post-loss policy conditions.
Mr. Adelstein may be contacted at dma@kirwinnorris.com
Reprinted courtesy of David Adelstein, Kirwin Norris

The insured’s commercial property suffered heavy damage from tropical storm Hilary.
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert

The decision is a useful reminder that additional insured coverage can fundamentally shift defense obligations and materially reduce a policyholder’s exposure.
Mr. Levine may be contacted at mlevine@hunton.com
Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth LLP
General Construction Investigation - Licensed General Building Contractor CA, AZ, UT, FL
Certified Professional Estimator (ASPE) American Society of Professional Estimators
Extensive testimony experience attendant to numerous commercial and residential construction defect and claims related expert witness designations
(800) 482-1822
www.berthowe.com


The Insurance Coverage and Bad Faith Practice's consistent focus on their clients and handling of complex claims were just two of the attributes contributing to their elite Band One ranking, after 11 years on the Chambers USA list.
Reprinted courtesy of White and Williams LLP
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These claims arose from a dispute regarding the performance of equipment installed at the claimant’s property and alleged misrepresentations that the claimant believed were made to him in the course of the sale of the equipment.
Reprinted courtesy of Gordon Rees Scully Mansukhani

Published annually, the Ranking Arizona publication is the largest business opinion poll taken in Arizona.
Reprinted courtesy of Snell & Wilmer

Developers are increasingly turning to water reuse, recycling and infrastructure partnership strategies to secure more reliable and sustainable water supplies for large-scale computing infrastructure.

Kahana Feld is a full-service national law firm with 18 offices throughout the United States.
Reprinted courtesy of Kahana Feld

Settlement was reached last year with a ready-mix supplier on Fix 50 project.

The 2026 Lawdragon 500 X – The Next Generation recognizes emerging leaders in law.
Reprinted courtesy of Lewis Brisbois
California Architectural Registration Board Supplemental Examination Commissioner
(800) 482-1822
www.berthowe.com


Mr. Heiskanen may be contacted at aec-business@aepartners.fi
Reprinted courtesy of Aarni Heiskanen, AEC Business



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Bert L.. Howe & Associates, Inc., provides construction-related expert witness investigation and trial support services to the nation's most recognized publicly traded builders, commercial general liability carriers, law firms, and construction practice groups. To schedule a no-cost consultation with a construction or design expert possessing the credentials, licensures, and qualifications best suited to your matter, please contact us at 800.482.1822
Certified Professional Estimator (ASPE) American Society of Professional Estimators
Licensed General Contractor (778968), State of California, Licensed General Contractor (072729), State of Nevada
Fire Loss Reconstruction Cost Estimating Expert
(800) 482-1822
www.berthowe.com
