"News and Information for Construction Defect and Claims Professionals"
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - WEDNESDAY, SEPTEMBER 9, 2026

If a responsible builder is ready, willing, and able to make an appropriate repair, is the community better served by getting the building fixed, or by pursuing years of litigation in hopes of recovering enough money to pay someone else to fix it later?
Fourteen years ago, we cautioned Colorado homeowners associations against a “ready, fire, aim” approach to construction-defect litigation. In The Hidden Dangers of Construction Defect Litigation, we suggested a fairly simple proposition: when legitimate construction defects exist, the goal should be to get them repaired. Litigation should be a last resort, not an end in itself.
Much has changed in Colorado construction-defect law since then. But a recent Douglas County case, and significant amendments to the Colorado Common Interest Ownership Act (“CCIOA”) enacted in 2025, provide good reasons for HOA board members and owners to revisit that basic premise.
Ms. Gudder may be contacted at gudder@hhmrlaw.com
Reprinted courtesy of Gail Gudder, Higgins, Hopkins, McLain & Roswell, LLC

A bonded contractor was terminated for default on a construction project.
Mr. Adelstein may be contacted at dma@kirwinnorris.com
Reprinted courtesy of David Adelstein, Kirwin Norris

Kahana Feld Construction Defect Practice Group Chair Ivette Kincaid and attorney Thomas McCarrick recently joined the Construction Defect Litigation podcast.

Most programs are tested against the supply chain as it existed at contract award—not against the mid-project substitution scenarios where exposure actually arises.
Mr. Newman may be contacted at oknewman@duanemorris.com

A spokesman for Another Planet Entertainment, which paid the cost of the renovation, claimed his client had previously sought arbitration for the contractor's "deficient and defective work" on the former movie palace.
Mr. Korman may be contacted at kormanr@enr.com
Reprinted courtesy of Richard Korman, Engineering News-Record

Blossom Miller sued 57th Avenue and 21st Century in state court alleging that she was injured when she tripped on the sidewalk in front of the leased premises.
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


Nomos LLP partner Garret Murai has been recognized in the 2027 edition of The Best Lawyers in America®.
Mr. Murai may be contacted at gmurai@nomosllp.com
Reprinted courtesy of Garret D. Murai, Nomos LLP
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In Pillsbury's latest roundup, U.S. Chamber of Commerce creates Housing Advisory Council, a legal battle develops over new federal rules related to mortgage escrow accounts, hospitality dealmakers pursue ‘bigger, higher-conviction’ M&A, and more.
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

Super Lawyers is a rating service recognizing outstanding attorneys across more than 70 practice areas who have achieved high peer recognition and professional accomplishment.
Reprinted courtesy of Bremer Whyte Brown & O'Meara, LLP

The Executive Order creates an actionable compliance framework letting developers demonstrate stewardship across water, air quality, energy, wildlife, and community engagement – reducing regulatory and reputational risk.

Best Lawyers has selected 207 Lewis Brisbois attorneys across 45 offices for its 33rd edition of The Best Lawyers in America.
Reprinted courtesy of Lewis Brisbois

This honor reflects Andrea’s reputation as one of the country’s leading policyholder-side insurance recovery litigators and her standing as a trusted advisor to companies facing some of today’s most complex insurance and risk management challenges.
Reprinted courtesy of Hunton Andrews Kurth LLP

Traub Lieberman is pleased to announce that four Partners have been selected by their peers for inclusion in the 2027 edition of The Best Lawyers in America®.
Reprinted courtesy of Traub Lieberman
California Architectural Registration Board Supplemental Examination Commissioner
(800) 482-1822
www.berthowe.com


Reprinted courtesy of Michael Sasso, Bloomberg



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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
