"News and Information for Construction Defect and Claims Professionals"
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, AUGUST 4, 2026

The case arose from a residential siding dispute involving claims for breach of contract, negligence, negligence per se, breach of warranty, CCPA violations, and mechanic’s lien issues.
The Colorado Court of Appeals recently affirmed a trial court’s award of more than $241,000 in attorney fees against a plaintiffs’ attorney who continued to pursue unsupported claims arising out of a residential construction dispute. Although the opinion was not selected for official publication under C.A.R. 35(e) and therefore has no precedential value, it nevertheless provides an instructive reminder that Colorado courts are willing to impose significant financial consequences when claims lack substantial justification.
For builders, developers, contractors, insurers, and defense counsel, the case is worth reading, not because it announces new law, but because it demonstrates that Colorado’s fee-shifting statute remains a meaningful tool when unsupported claims continue long after they should have been abandoned.
Mr. McLain may be contacted at mclain@hhmrlaw.com
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC

Although the pay if paid clause is illegal in California, the pay when paid clause is still perfectly legal and is found in many subcontracts that contractors issue to their subcontractors.
Mr. Porter may be contacted at bporter@porterlaw.com
Reprinted courtesy of William L. Porter, Porter Law Group

In a recent case, a window company had the homeowner sign the Notice of Commencement and then filled in the information.
Mr. Adelstein may be contacted at dma@kirwinnorris.com
Reprinted courtesy of David Adelstein, Kirwin Norris

The dispute centered on whether one of the insured buildings needed to be completely demolished.
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert

In this article, Snell & Wilmer's break down key considerations, walk through the legal standards Arizona courts apply, and offer practical tips to consider to help you protect your payment rights on the next project.

German-Denmark link progresses below the Baltic Sea.
Mr. Leggate may be contacted at leggatej@enr.com
Reprinted courtesy of James Leggate, Engineering News-Record
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


DOI has now finalized revisions to the Type A natural resource damages assessment procedures under 43 C.F.R. Part 11 for hazardous substance releases under the CERCLA and the CWA.
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The moratorium is intended to halt activities while the state government develops a comprehensive legal framework for data center development.
Mr. Sturtevant may be contacted at jsturtevant@sheppard.com
Reprinted courtesy of Joshua L. Sturtevant, Sheppard

A new analytics framework transforms routine safety data into an early-warning system—giving construction leaders a real-time read on where risk is building before anyone gets hurt.

P&A partners Denis Serkin and Michael S. Zicherman served as co-editors and authors of Lexology’s Panoramic: Construction 2027 – US and Global guide.

Please join Lewis Brisbois in congratulating Mr. Aihie on this recognition.
Reprinted courtesy of Lewis Brisbois

Gordon Rees Scully Mansukhani has been recognized byTexas Lawyer in its 2026 Texas 100 ranking, earning the No. 49 spot among the state’s largest law firms by attorney headcount.
Reprinted courtesy of Gordon Rees Scully Mansukhani

Uncover the potential of AI in AEC education, improving teamwork and collaboration for future industry professionals in high-value projects.
Mr. Heiskanen may be contacted at aec-business@aepartners.fi
Reprinted courtesy of Aarni Heiskanen, AEC Business
California Architectural Registration Board Supplemental Examination Commissioner
(800) 482-1822
www.berthowe.com




Reprinted courtesy of Global Insights Center Staff, The Hartford

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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
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(800) 482-1822
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