"News and Information for Construction Defect and Claims Professionals"
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, NOVEMBER 3, 2026

Colorado’s new right-of-access statute may help address one of the unintended consequences of individually owned townhome developments, but it does not solve every problem associated with repairing interconnected building systems.
The Problem: Six Homes, One Building Envelope
Consider a hypothetical six-unit townhome building in Colorado. Each residence is individually owned. There is no homeowners association responsible for maintaining the building’s exterior, no commonly owned building envelope, and no association empowered to pursue construction defect claims on behalf of all six homeowners. Instead, the development relies on individual ownership, recorded easements, and party wall agreements to govern relationships among neighboring owners.
Although the residences are separately owned, they share a continuous exterior stucco system, including interconnected flashing, waterproofing, and architectural transitions.
One homeowner discovers water intrusion and retains an expert who identifies defects in the stucco installation. The expert recommends removing and replacing the stucco on the homeowner’s residence. However, because the exterior cladding and waterproofing systems are interconnected, the proposed repair may require work extending beyond the boundaries of that homeowner’s property.
Mr. McLain may be contacted at mclain@hhmrlaw.com
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC

The dispute arose from hail damage to the roof of a commercial property in Irving, Texas.

Because the subcontractor contained no termination language or basis to withhold retainage / contract sum language, the general contractor had to pay the subcontractor the retainage.
Mr. Adelstein may be contacted at dma@kirwinnorris.com
Reprinted courtesy of David Adelstein, Kirwin Norris

This “all-or-nothing” rule has yielded results that, some may argue, are disproportionate to the harm inflicted.
Mr. Murai may be contacted at gmurai@nomosllp.com
Reprinted courtesy of Garret D. Murai, Nomos LLP

A recent Tennessee construction case provides an important reminder: the best contract in the world may not save you from bad project facts.
Mr. Devries may be contacted at mdevries@buchalter.com
Reprinted courtesy of Matthew J. Devries, Buchalter

After a fire damaged the property, the insured submitted a claim to State Farm.
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
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


RV Holdings offers a pointed reminder that arbitration is not immune from judicial oversight, even though courts vacate or modify awards only in narrow circumstances.
Share your firm’s publications, events, CLEs, seminars, and articles relevant to construction defect and claims matters. Enhance your firm's visibility and promote your expertise by reaching our highly targeted audience of decision-makers, including construction attorneys, builders, owners, and claims professionals.

Partner Daniel Crespo and Associate Soyoun K. McConnell secured summary judgment for their Hotel client in a premises liability action seeking $1 million for injuries allegedly requiring surgery.
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

Recognizing the early signs of heat or cold stress is critical to preventing small problems from becoming serious incidents.

As the U.S. embarks on a new era of nuclear power construction supported by billions of dollars in federal grants and loans, the agency still supervises about 15 cleanups of old plants that became too costly to maintain.
Mr. Korman may be contacted at kormanr@enr.com
Reprinted courtesy of Richard Korman, Engineering News-Record

The case related to a claim for damage caused by Hurricane Milton, which was reported more than ten months after the date of loss.

Beginning on January 1, 2027, the licensee will be thrown a lifeline on this issue.
Mr. Mandel may be contacted at gmandel@porterlaw.com
Reprinted courtesy of Garret Mandel, Porter Law Group

An exclusive breakdown of estimated expenses to construct an AI data center in Texas reveals why developers face billions of dollars in expenses.
Reprinted courtesy of Lynn Doan, Bloomberg
California Architectural Registration Board Supplemental Examination Commissioner
(800) 482-1822
www.berthowe.com


Reprinted courtesy of Michael Sasso, Bloomberg


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

Weekly Construction Defect and Claims News - Direct to Your Inbox

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
