CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, SEPTEMBER 22, 2026

Gavel leaning on law books

Attorney David Adelstein analyzes the construction defect case Craftsman Plastering and Lath, Inc. v. Rath Mor, LLC.

Owner Taking Assignment of General Contractor’s Claims Against a Subcontractor(s)

September 21, 2026
David Adelstein - Florida Construction Legal Updates

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

Read the full story…

CDJ NEWS THIS WEEK

Person using calcutator

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.

Voluntary Dismissal of an Indemnity Claim Does Not Make the Subcontractor a “Prevailing Party,” Washington Court of Appeals Holds

September 21, 2026 — Margarita Kutsin - Ahlers Cressman & Sleight PLLC

In King County v. Walsh Construction Company II, LLC, No. 86503-0-I (Wash. Ct. App. Aug. 4, 2025), an unpublished decision from Division I of the Washington Court of Appeals, 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. Because the indemnity claim was no longer live and no determination of fault had occurred, the Court held that the trial court did not err in denying the request. ACS represented Walsh, the general contractor, in securing the denial of the fee request at the trial court that the Court of Appeals affirmed.

A Pass-Through Indemnity Claim That Ended Before Fault Was Decided
The dispute arose out of a public works contract under which King County hired Walsh Construction Company II, LLC (“Walsh”) to construct and install a conveyance pipeline. After the pipeline broke, King County sued Walsh for breach of contract and warranty, expressly identifying both Walsh and its subcontractor, Mears Group Inc., (“Mears”) as responsible. Walsh tendered defense and indemnity to Mears under the subcontract.

Ms. Kutsin may be contacted at margarita.kutsin@acslawyers.com

Reprinted courtesy of Margarita Kutsin, Ahlers Cressman & Sleight PLLC

Read the full story…

Person signing contract on computer

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.

Endorsement is Void Where Compliance is Impossible

September 21, 2026 — Tred R. Eyerly - Insurance Law Hawaii

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. 3371 Reading, LLC v. Liberty Mut Group, Inc., et al., 2026 U.S. App. LEXIS 19156 (6th Cir. June 29, 2026).

The insured, 3371 Reading, owned a building undergoing renovation. After the structure burned down, 3371 Reading made a claim under its policy with Ohio Casualty Insurance Company. Ohio Casualty relied on an endorsement requiring fencing round the jobsite.

Mr. Eyerly may be contacted at te@hawaiilawyer.com

Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert

Read the full story…

Model sustainable house next to design materials

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.

Achieving Sustainability Through Design-Build Delivery: Part I – An Overview

September 21, 2026 — Joshua M. Pruett, Jennifer L. Harris & Tiffany A. Harrod - Peckar & Abramson, P.C.

This article was written for the AGC’s Law in Brief and first appeared here.

Sustainability is no longer optional. 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. This mandate is not solely figurative. Rather, states have started to follow Europe’s lead by beginning to codify sustainability requirements into regulations and law. California led the charge by adding mandatory embodied-carbon emissions regulations into CALGreen, and other states, such as New York, have introduced bills to implement similar requirements. Owners, designers, and builders must now treat sustainability not as aspirational, but as a clearly defined contract issue from the outset, particularly where the project is expected to achieve a third-party rating, meet energy or resiliency targets, qualify for incentives, or comply with evolving green building codes.

In the federal public sector, construction contracts include a layered compliance framework—executive order-inspired policy, FAR-mandated clauses, and enduring statutory requirements—requiring contractors to integrate sustainability into design, material selection, and lifecycle management. Staying ahead means aligning with regulatory standards, conducting life-cycle cost analyses, and embedding sustainability into every procurement and construction decision.

Reprinted courtesy of Joshua M. Pruett, Peckar & Abramson, P.C., Jennifer L. Harris, Peckar & Abramson, P.C. and Tiffany A. Harrod, Peckar & Abramson, P.C.

Mr. Pruett may be contacted at jpruett@pecklaw.com
Ms. Harris may be contacted at jharris@pecklaw.com
Ms. Harrod may be contacted at tharrod@pecklaw.com

Read the full story…

Woman on top of mountain

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

Amanda Mathieu Named to Massachusetts Lawyers Weekly 2026 “Top Women of Law” List

September 21, 2026 — Lewis Brisbois

Massachusetts Lawyers Weekly recently named Boston Deputy Managing Partner Amanda Mathieu to its 2026 “Top Women of Law” list, which honors leaders who have shown excellence, innovation, and meaningful contributions to the industry and their communities.

According to the publication, “Top Women of Law honorees represent the very best of Massachusetts’ legal community—from accomplished advocates and firm leaders to pioneers, educators, trailblazers, and role models driving positive change throughout the profession. Their influence extends beyond the courtroom and boardroom, creating a lasting impact on their clients, colleagues, organizations, and communities.”

“We are lucky to have Amanda as a leader in our Boston office, and a mentor to so many Lewis Brisbois Associates who are getting their careers started in the legal profession” said Managing Partner Ken Walton on this recognition. “This is a well-deserved honor for her, and I look forward to continuing to continuing to work with her as we deliver excellent results for our clients across the country."

Reprinted courtesy of Lewis Brisbois

Read the full story…

Wind mill construction

This preliminary injunction marks a significant, but interim, victory for the wind energy industry.

Nationwide Preliminary Injunction Ordering Department of Defense to Resume Review of Wind Energy Projects

September 21, 2026 — Victor J. Roehm III, Christopher P. Colyer & Sara M. Ajeti - Snell & Wilmer

On August 6, 2026, the U.S. District Court for the District of Oregon granted a preliminary injunction in Renewable Northwest v. Hegseth, Case No. 3:26-cv-01092-IM, ordering the Department of Defense (DoD) to resume processing wind energy project applications under the existing statutory and regulatory framework and staying DoD’s review freeze pending final adjudication on the merits.

Background
In 2011, Congress created the Military Aviation and Installation Assurance Siting Clearinghouse (Clearinghouse) within DoD to review wind energy projects that might affect military operations. When a wind project developer files an application with the Federal Aviation Administration (FAA), the FAA refers it to DoD to determine whether the project poses an “unacceptable risk to the national security.”

Reprinted courtesy of Victor J. Roehm III, Snell & Wilmer, Christopher P. Colyer, Snell & Wilmer and Sara M. Ajeti, Snell & Wilmer

Mr. Roehm may be contacted at vroehm@swlaw.com
Mr. Colyer may be contacted at ccolyer@swlaw.com
Ms. Ajeti may be contacted at sajeti@swlaw.com

Read the full story…

Testifying Construction and Building Industry Standard of Care Expert Witness

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

Star Trophy

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.

Four HHMR Attorneys Recognized in the 2027 Editions of Best Lawyers®

September 21, 2026 — Higgins, Hopkins, McLain & Roswell, LLC - Colorado Construction Litigation Blog

Higgins, Hopkins, McLain & Roswell, LLC is proud to announce that Best Lawyers® has recognized four HHMR attorneys in the 2027 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America for their work in construction law and construction litigation.

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.

For a firm that has deliberately focused its practice on construction law and construction litigation for nearly 25 years, we take particular pride in seeing that focus reflected in the recognition of lawyers across different generations of HHMR.

Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC

Read the full story…

Submit Article For Publication in CDJ

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.

Workers on solar project site

Power and energy projects are uniquely vulnerable to losses during construction.

Builders Risk/Construction All Risks and Delay in Start-Up Coverage for Large Energy Projects: Protecting Revenue Before Operations Begin

September 21, 2026 — Will Bennett - SDV Fenchurch

The Most Significant Loss May Be the Delay, Not the Damage
Power and energy projects are uniquely vulnerable to losses during construction. Whether the project involves a utility-scale solar facility, battery storage installation, a wind farm, transmission project, LNG terminal, or conventional generation facility, loss events in this sector often have consequences far more impactful than the actual cost of repairing damaged property.

Any number of construction losses can delay commercial operation of the facility by months, triggering lost revenues, financing impacts, contractual penalties, and investor concerns. In many cases, those delay-related losses significantly exceed the underlying repair costs.

Construction All Risk (“CAR”) insurance and Delay in Start-Up (“DSU”) coverage are designed to respond to these exposures. However, recovering delay-related losses is far more complicated than many insureds anticipate, particularly when projects involve international stakeholders, global supply chains, and London market insurance placements.

Mr. Bennett may be contacted at will.bennett@sdvfenchurch.us

Reprinted courtesy of Will Bennett, SDV Fenchurch

Read the full story…

Hand adding fifth star

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™.

GRSM Ranked Among Top 5 Construction Law Firms by Construction Executive

September 21, 2026 — Gordon Rees Scully Mansukhani

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™.

“Being named in the top five underscores the talent, experience, and nationwide capabilities of our construction team,” said Allen Estes III and Angela Richie, Chairs of GRSM’s Construction practice. “We are honored to serve as trusted counsel to clients across the construction industry and remain committed to delivering strategic solutions that help them achieve their business and project objectives.”

In addition to this ranking, GRSM Construction practice group Co-Chairs Allen Estes and Angela Richie were featured in “Executive Insights 2026: Leaders in Construction Law,” where they shared insights on key risks to consider before signing construction contracts and discussed strategies for managing material cost volatility, supply-chain disruptions, and project delays.

Reprinted courtesy of Gordon Rees Scully Mansukhani

Read the full story…

Congrats

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.

Congratulations to Gianna Liddy on Her Promotion to Partner

September 21, 2026 — Dolores Montoya - Bremer Whyte Brown & O’Meara, LLP

Bremer Whyte Brown & O’Meara, LLP is proud to announce that Gianna Liddy has been promoted to partner. Gianna’s dedication, leadership, and exceptional contributions to the firm have earned her this well-deserved recognition. Please join us in congratulating her on this exciting achievement!

Meet Gianna Liddy!
Gianna has been with BWB&O since 2019 and has been practicing law since 2017. Her practice focuses on complex civil defense litigation, including high-exposure personal injury, premises liability, transportation, construction defect, habitability, and general liability matters. As a Supervising Attorney in the firm’s Encinitas office, she oversees a team of attorneys, collaborates closely with clients and insurance professionals, and develops litigation strategy in complex matters.

Reprinted courtesy of Bremer Whyte Brown & O’Meara, LLP

Read the full story…

Puzzle pieces bridging gap

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.

Bridging the Gap at Alaska’s Juneau Creek

September 21, 2026 — Tim Newcomb - Engineering News-Record

The largest single-span steel plate girder bridge launch in the nation wasn’t about setting records. Alaska’s Juneau Creek Bridge design was a matter of necessity. The fully erected steel plate girder bridge, featuring a 440-ft main span hovering 285 ft above the Juneau Creek, was part of the larger Sterling Highway project. It offered a logistical challenge but was chosen among over a dozen bridge types due to the unique constraints brought by the mountainous site.

ENR may be contacted at enr@enr.com

Reprinted courtesy of Tim Newcomb, Engineering News-Record

Read the full story…

Smoke over downtown LA skyline

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.

"Resilient Rebuild Hub" Helps Wildfire-Impacted Homeowners Build Back Stronger

September 21, 2026 — California Nevada Cement Association

NEWPORT BEACH, Calif., Sept. 21, 2026 /PRNewswire/ -- When homeowners in a fire-ravaged Pacific Palisades neighborhood banded together last year to rebuild with fire-hardened materials rather than standard wood framing, they weren't just rebuilding houses: they were rewriting the playbook for how California communities can rebuild after wildfire. Today, the Building with Resilience effort is making that playbook available to every homeowner facing the same decision with the launch of its new Resilient Rebuild Hub for exploring fire resistant, non-combustible construction options.

The Resilient Rebuild Hub helps homeowners understand options for fire-resistant, concrete-based construction and connect with architects, engineers, and contractors who can build them. This includes six noncombustible building systems:

  • Insulated Concrete Forms (ICF): stackable, high-density foam blocks filled with concrete which save 20-50% on monthly heating and cooling costs, reduce outside noise by up to 80%, offer exceptional earthquake performance and 4-hour fire resistance rating.
  • Insulated Composite Concrete Forms (ICCF): similar formwork to ICF construction with composite materials that enhance strength, simplify installation, and improve long-term performance.
  • Concrete Masonry: strong, durable wall systems used for decades across California and the U.S.
  • Precast Insulated Sandwich Panels: a complete building enclosure system consisting of two layers of concrete separated by a continuous layer of rigid insulation.
  • 3D Shotcrete: air-sprayed concrete for strong, fast, and versatile wall systems that enable a high degree of artistic freedom together with unparalleled fire resistance.
  • 3D Concrete Printing: the cutting edge of residential construction, a large-scale robotic 3D printer "squeezes" a specialized concrete mixture layer by layer to allow for organic, curved designs that are often too expensive or impossible to build with traditional methods.

    The Resilient Rebuild Hub is available now at buildingwithresilience.com/how-to-build. Each part is free to access and includes case studies, technical resources, and a directory of architects, engineers, and contractors experienced in each building method.

    CNCA is a not-for-profit organization committed to developing sustainable and economical construction solutions for California and Nevada with an emphasis on the use of cement and concrete. For more information, visit www.cncement.org.

    CalCIMA is a trade association for the construction and essential mineral industries in California, including aggregate, essential and rare earth minerals, ready mixed concrete, and asphalt producers. In all, there are about 70 producer member companies that include 500 production sites in every county of California. Our members also include more than 100 suppliers and service providers to the industry.

    Founded in 1930, the National Ready Mixed Concrete Association (NRMCA) is the leading industry advocate with a mission to provide exceptional value for our members by responsibly representing and serving the entire ready mixed concrete industry through leadership, promotion, education and partnering to ensure ready mixed concrete is the building material of choice.

AI handshake with human hand

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

RONI: What You Lose by Not Investing in AI – With Sam Zolfagharian

September 21, 2026 — Aarni Heiskanen - AEC Business

Sam Zolfagharian returns to the AEC Business Podcast for her second appearance. She is an AI strategist, keynote speaker, and the author of two books, Disrupt It and Future by Design. She spoke at the AI in AEC conference in Helsinki in March, and we picked up the conversation where that keynote left off.

The starting point was a question her clients keep raising. Executives are being asked by their boards about the return on their AI investments, and many of them do not have an answer they trust. This episode is about what to measure instead, and when the dollar figure finally becomes the right number to look at.

Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Reprinted courtesy of Aarni Heiskanen, AEC Business

Read the full story…

Consulting Design and Architecture Expert Witness

Forensic Architect CA, AZ, NV, CO, TX, UT, FL, NM, OK - NCARB - National Council of Architectural Registration Boards

California Architectural Registration Board Supplemental Examination Commissioner

(800) 482-1822

www.berthowe.com

Luxury home

Toll Brothers Rises as Luxury Buyers Weather Housing Slowdown

September 21, 2026 — Dina Katgara – Bloomberg

Toll Brothers Inc. shares rose the most since June after the luxury homebuilder said its affluent customer base remains financially resilient and has helped bolster the company’s business even in a challenging environment for the US housing market.

Reprinted courtesy of Dina Katgara, Bloomberg

Read the full story…

Data Center

June Nonresidential Construction Spending Up on Strength of Data Centers

September 21, 2026 — Erika Walter - Construction Executive

WASHINGTON, Aug. 3—National nonresidential construction spending rose 0.1% in June, according to an Associated Builders and Contractors analysis of data published today by the U.S. Census Bureau. On a seasonally adjusted annualized basis, nonresidential spending totaled $1.277 trillion.

Spending was up on a monthly basis in 8 of 16 nonresidential subcategories. Both public and private nonresidential spending were up 0.1% in June. Private nonresidential construction spending was down nearly 5% from a year ago.

Reprinted courtesy of Erika Walter, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.

Read the full story…

Construction site

Insurer’s Claim of Insured’s Misrepresentations is Time Barred

September 21, 2026 — Tred R. Eyerly - Insurance Law Hawaii

The federal district court granted the insured’s motion for summary judgment and dismissed the insurer’s claims of misrepresentation against the insured. Colony Ins. Co. v. Oz Solutions, et al., 2026 U.S. Dist. LEXIS 138034 (S.D. N.Y. June 22, 2026).

Oz Solutions contracted with Danya Cebus Construction LLC to “supply skilled temporary workers to give temporary services” in connection with a construction project. The owner of the project filed suit against Danya Cebus alleging that corners had been cut during construction to save time and money, including by ordering the wrong parts for packaged terminal air conditioners and manually cutting the louvers.

Mr. Eyerly may be contacted at te@hawaiilawyer.com

Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert

Read the full story…

Seminar

Construction Law in Georgia Seminar

September 21, 2026 — Beverley BevenFlorez – CDJ Staff

The Seminar Group presents a seminar focused on relevant topics of Georgia’s construction law. Participants will learn about recent trends and issues in the construction industry. Specifically, faculty “will discuss the prosecution and defense of construction related claims, how to protect the rights of your client, and your company’s right to receive payment.” The seminar is relevant for attorneys, contractors, municipal employees, and government employees.

October 7th, 2026
Courtyard Atlanta Midtown
640-1 Peachtree St NE
Atlanta GA, 30308

Read the full story…

Subscribe to CDJ Newsletter

Weekly Construction Defect and Claims News  - Direct to Your Inbox

More Than 9000 Construction Defect and Claims Related Expert Witness Engagements

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

Arrange Consultation

Torrential Rains Prompt Flood Risk for Millions

Millions were under flood alerts Saturday with rivers raging after a deluge of rain in parts of the Upper Midwest. More than 8 inches of rain fell in some areas. NBC News’ Liz Kreutz reports.

CDJ Video Channel

Ocean At the Front Door: East Coast Communities Race to Protect Homes from Erosion

Rising seas, stronger storms and relentless erosion are reshaping America’s coastlines and forcing communities to make difficult choices. Special correspondent Ben Tracy of Climate Central has the story of two Atlantic coast communities grappling with erosion. It's part of PBS Newshour’s Tipping Point series.

CDJ Video Channel


Consulting General Contractor - Certified Construction Cost Estimating Expert Witness

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