"News and Information for Construction Defect and Claims Professionals"
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, SEPTEMBER 22, 2026

Attorney David Adelstein analyzes the construction defect case Craftsman Plastering and Lath, Inc. v. Rath Mor, LLC.
Here’s a scenario that occurs in construction defect cases. An owner sues a general contractor and subs for construction defects. The owner settles with a number of parties and takes an assignment of the general contractor’s claims against some or all of the subs and pursues the remaining parties for indemnity based on the assignment of the general contractor’s claims.
This was the scenario in Craftsman Plastering and Lath, Inc. v. Rath Mor, LLC, 2026 WL 2328032 (Fla. 4th DCA 2026). The owner settled with the general contractor and all subs except one. The owner took an assignment of the general contractor’s claim against the sub, and really the indemnity claim. The owner was then substituted as the real party in interest as it relates to the general contractor’s claims against the sub. The owner sought roughly $780,000 in attorney’s fees and costs in connection with the dispute claiming the sub was liable for such fees. The jury didn’t buy the argument and awarded the owner about $55,000. Basically, the jury seemingly prorated the fees by the number of parties, at least, that’s how the math worked out. The owner didn’t like that and moved for an additur to increase the jury’s verdict which the trial court granted. This was reversed on appeal despite the fact that a trial court has broad discretion to grant a motion for additur.
Mr. Adelstein may be contacted at dma@kirwinnorris.com
Reprinted courtesy of David Adelstein, Kirwin Norris

The Court affirmed the denial of a subcontractor’s request for prevailing-party attorney fees under an indemnity clause after the general contractor voluntarily dismissed its indemnity claims.
Ms. Kutsin may be contacted at margarita.kutsin@acslawyers.com
Reprinted courtesy of Margarita Kutsin, Ahlers Cressman & Sleight PLLC

The Sixth Circuit found that the insured’s loss of property due to fire was covered despite noncompliance with an endorsement requiring encompassing the property.
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert

What was once a matter of public policy or corporate preference has become a regulatory mandate and is reshaping how construction projects are designed, built, and operated.

Massachusetts Lawyers Weekly recently named Boston Deputy Managing Partner Amanda Mathieu to its 2026 “Top Women of Law” list.
Reprinted courtesy of Lewis Brisbois

This preliminary injunction marks a significant, but interim, victory for the wind energy industry.
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
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David M. McLain, Lisa Bondy Dunn, and Steven L. Heisdorffer earned recognition in the 2027 edition of The Best Lawyers in America®. Ricky L. Nolen, Jr. earned recognition in the 2027 edition of Best Lawyers: Ones to Watch® in America.
Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC
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Power and energy projects are uniquely vulnerable to losses during construction.
Mr. Bennett may be contacted at will.bennett@sdvfenchurch.us
Reprinted courtesy of Will Bennett, SDV Fenchurch

Gordon Rees Scully Mansukhani has been ranked the No. 5 construction law firm in the nation by Construction Executive in the magazine’s 2026 ranking of The Top 50 Construction Law Firms™.
Reprinted courtesy of Gordon Rees Scully Mansukhani

Ms. Liddy's practice focuses on complex civil defense litigation, including high-exposure personal injury, premises liability, transportation, construction defect, habitability, and general liability matters.
Reprinted courtesy of Bremer Whyte Brown & O’Meara, LLP

Crossing the canyon required a 950-ft-long bridge, creating the highest highway crossing in Alaska and the longest single-span bridge constructed in the state since 1982.
ENR may be contacted at enr@enr.com
Reprinted courtesy of Tim Newcomb, Engineering News-Record

Building with Resilience debuts new online resource at the 2026 Western Cement Summit, drawing on resilient rebuilding approaches championed by fire-impacted communities across California.

Sam Zolfagharian on RONI - the Risk of Not Investing. Why AI payback takes 3-5 years, and which metrics to track until it arrives.
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 Dina Katgara, Bloomberg


Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert

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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
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(800) 482-1822
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