CONSTRUCTION DEFECT JOURNAL
"News and Information for Construction Defect and Claims Professionals"
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - WEDNESDAY, JUNE 3, 2026
Without documentation, the subcontractor may be left defending claims that the work was performed improperly, even when it followed clear field instructions from others.
“The Superintendent Told Us to Do It:” Why Verbal Approval May Not Be Enough
June 2, 2026
Andrew Lintner - Colorado Construction Litigation Blog
In construction defect litigation, one scenario appears repeatedly: a subcontractor installs work in a manner that differs from the plans, specifications, manufacturer instructions, or industry standards after being verbally directed to do so by the general contractor, superintendent, architect, or owner’s representative.
At the time, the decision may seem minor. The project is moving quickly, the field team wants to maintain progress, and nobody wants to stop working over what appears to be a small issue. The subcontractor may trust the superintendent or project manager and assume the conversation will be remembered later if questions arise.
Years later, however, when the project experiences problems, the people involved may deny the conversation occurred, remember it differently, or simply no longer remember the project. Without written documentation, the subcontractor can find itself defending claims for defective work, even though it performed the installation exactly as directed.
Mr. Lintner may be contacted at alintner@hhmrlaw.com
Reprinted courtesy of Andrew Lintner, Higgins, Hopkins, McLain & Roswell, LLC
CDJ NEWS THIS WEEK
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Mr. Clarkson may be contacted at EClarkson@sdvlaw.com
Reprinted courtesy of Eric M. Clarkson, Saxe Doernberger & Vita, P.C.
The 2nd District Court of Appeal examined whether a subcontractor timely filed a claim against a payment bond when a prime contractor was terminated and replaced by another prime contractor who the subcontractor continued to perform work for.
The Deadline to File Suit on a Public Works Payment Payment Bond is Triggered by a Claimant’s Work on a Project Not by a Claimant’s Work Under a Contract
Mr. Murai may be contacted at gmurai@nomosllp.com
Reprinted courtesy of Garret D. Murai, Nomos LLP
Developers and practitioners evaluating data center projects in Arizona face a regulatory environment shifting on three fronts simultaneously.
Building in Arizona’s Data Center Boom: How Federal Executive Orders, State Regulation, and National-Security Policy Are Reshaping the Rules for Developers
Mr. Regula may be contacted at rregula@swlaw.com
Reprinted courtesy of Ryan J. Regula, Snell & Wilmer
The Firth Circuit affirmed the district court’s grant of summary judgment to the insurer due to the insureds’ failure to establish the date of loss after a hailstorm.
Insureds’ Altering Dates for Hailstorm Damage Justifies Denial of Claim
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
A recent case discusses workers compensation immunity.
Potential Gap in Workers Compensation Immunity Statutory Framework
Mr. Adelstein may be contacted at dma@kirwinnorris.com
Reprinted courtesy of David Adelstein, Kirwin Norris
Testifying Construction and Building Industry Standard of Care Expert Witness
General Construction Investigation - Licensed General Building Contractor CA, AZ, UT, FL
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"We're excited to welcome Jake Scott to our Fort Lauderdale office and Construction Defect Practice Group," said James C. Prichard, Managing Partner at Ball Janik LLP.
Ball Janik LLP Welcomes Construction Defect Attorney and U.S. Air Force Veteran Jake Scott to its Fort Lauderdale Office
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Meppen is recognized for helping shape the future of the legal profession through her leadership, professionalism, and integrity.
GRSM Partner Debra Ellwood Meppen Recognized as 2026 Legal Visionary by Los Angeles Times
Reprinted courtesy of Gordon Rees Scully Mansukhani
Our Base Checklist includes generally and potentially applicable permitting requirements for development and operation, using California as an example.
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The Los Angeles Times' 2026 Legal Visionaries list honors the most innovative attorneys in Southern California.
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Reprinted courtesy of Lewis Brisbois
AI rules the data center, but human communication is key in building it.
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Mr. Heiskanen may be contacted at aec-business@aepartners.fi
Reprinted courtesy of Aarni Heiskanen, AEC Business
The technology that comes out of space programs like Artemis, also needs to be patented for terrestrial uses.
Navigating Timelines and Technology: Patent Strategies for Space and Earth
ENR may be contacted at enr@enr.com
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
Toll Brothers Announces New Houston-area Luxury Home Community Coming Soon to Richmond, Texas
Reprinted courtesy of Toll Brothers, Inc.
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CDJ Video ChannelConsulting General Contractor - Certified Construction Cost Estimating Expert Witness
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