CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, APRIL 21, 2026

Rocks balanced on scale

When everyone works within a shared framework, disputes are easier to manage—and projects are more likely to move forward without unnecessary escalation.

Balancing the Right to Repair With Evidence Preservation in Construction Defect Litigation

April 20, 2026
Benton Wheatley & Anna Spicer - Construction Executive

Every major construction project comes with risk, whether it’s a warehouse build, a multifamily development or a major renovation. Parties tend to be aligned when things are proceeding as planned. But when something goes wrong—cracked concrete, water intrusion, systems that don’t perform as expected—those interests can quickly diverge.

Property owners are often caught in the middle when construction defects surface. They’re expected to act quickly to limit damage and costs. But they also have legal obligations to preserve evidence and allow potentially responsible parties, such as contractors or designers, to observe testing, demolition and repairs. Additionally, owners often have duties to lenders and investors to fix problems promptly and pursue claims against those responsible. Meanwhile, contractors and other parties have obligations of their own—not to interfere with repairs and not to delay mitigation efforts while investigations are underway.

What follows will examine how those competing responsibilities play out in construction defect disputes.

Reprinted courtesy of Benton Wheatley & Anna Spicer, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.

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CDJ NEWS THIS WEEK



Construction contract

This article includes a practical checklist intended to help owners, developers, and contractors streamline contract negotiations, reduce downstream disputes, and avoid unpleasant surprises during payment administration.

Construction Contract Negotiation & Drafting: A Practical Checklist (and Where State-Specific Issues Can Surprise You)

April 20, 2026 — Michelle Cooper - Sheppard Construction and Infrastructure Law Blog

Construction contract negotiation is often treated as a “forms exercise,” especially when the parties start from familiar templates (e.g., AIA forms). In practice, though, the biggest problems tend to arise not from the existence of a form, but from (i) misalignment among the project’s governing documents and participants, (ii) ambiguity in pricing and payment mechanics, and (iii) state-specific statutory requirements that override negotiated terms.

This article includes a practical checklist intended to help owners, developers, and contractors streamline contract negotiations, reduce downstream disputes, and avoid unpleasant surprises during payment administration.

Ms. Cooper may be contacted at mcooper@sheppard.com

Reprinted courtesy of Michelle Cooper, Sheppard

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Lessons Learned

This article examines the key takeaways from the decision and offers practical actions for consideration by those working in Idaho’s construction industry.

Idaho Contractor Registration: Lessons from the Ward v. Bishop Decision

April 20, 2026 — Tara Martens Miller - Snell & Wilmer

The Idaho Supreme Court’s recent decision in Ward v. Bishop Constr., Ltd. Liab. Co., No. 51118, 2025 Ida. LEXIS 143 (Dec. 31, 2025) offers valuable guidance for contractors and construction attorneys navigating the Idaho Contractor Registration Act (ICRA). The December 2025 ruling clarifies critical questions about when and how defendants may raise contractor registration defenses, the weight of pretrial stipulations, and the consequences of procedural missteps in construction litigation. This article examines the key takeaways from the decision and offers practical actions for consideration by those working in Idaho’s construction industry.

The Facts Behind the Dispute
The case arose from a long-standing working relationship between cousins Joel Ward and Ren Bishop dating to the 1990s. Ward performed general construction work for Bishop Construction, LLC, including building, plumbing, electrical, framing, roofing, and siding work on projects in Idaho, Montana, and Wyoming. Bishop agreed to pay Ward $10 per hour, later increased to $12 per hour, plus one-way travel expenses. Between 2017 and 2019, Ward worked over 1,100 hours but was never paid, totaling $12,443.54 in claimed damages.

Ms. Miller may be contacted at tmmiller@swlaw.com

Reprinted courtesy of Tara Martens Miller, Snell & Wilmer

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Flood

Bay Haven managed several condo buildings. When Hurricane Ian hit, it caused significant flood damage to these properties.

Substantial Evidence of Flood Loss is Not a Substitute for Required Proof of Loss

April 20, 2026 — Tred R. Eyerly - Insurance Law Hawaii

The court found that the insurer properly denied the insured’s claim for loss due to flood because a proof of loss was never submitted. Bay Haven at Coco Bay Condominium Association, Inc. v. Hartford Ins. Co. of the Midwest, 2026 U.S. Dist. LEXIS 6847 (M.D. Fla. Jan. 14, 2026).

Bay Haven managed several condo buildings. When Hurricane Ian hit, it caused significant flood damage to these properties. Bay Haven held federal flood insurance policies through Hartford under “Write-Your-Own” policies. This meant Hartford was essentially a fiscal agent that managed policies and handled claims but paid them using federal funds.

Following the storm, FEMA extended the usual 60-day deadline for filing a proof of loss to one year, or until September 28, 2023. Bay Haven did not submit its proofs of loss until November 2023. FEMA granted an extension but only for the specific amounts in the November requests. Hartford did not waive the 60-day proof of loss requirement for any other proof of loss. Hartford paid the amounts reflected in the November submissions.

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

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

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Contractors label on file

A recent decision from the Civilian Board of Contract Appeals confirms that “only a ‘contractor’ may file an appeal of a contracting officer’s final decision.”

Only A Contractor Can Appeal a Contracting Officer’s Final Decision

April 20, 2026 — David Adelstein - Florida Construction Legal Updates

A recent decision from the Civilian Board of Contract Appeals confirms that “only a ‘contractor’ may file an appeal of a contracting officer’s final decision.” Wattiker v. General Services Administration, 2026 WL 846001 (CBCA 2026) (citation omitted).

The term “contractor is not an ambiguous term. A ‘contractor’ refers to a party to a federal government contract. Wattiker (citing the Contract Disputes Act). This is why the Contract Disputes Act does not apply to parties that are NOT in contract with the federal government. Id.

In Wattiker, an appellant (appealing party) challenged the dismissal of a co-appellant. The co-appellant was dismissed because he was not a contractor, i.e., a party in contract with the federal government. In other words, the co-appellant had no privity of contract with the federal government.

Mr. Adelstein may be contacted at dma@kirwinnorris.com

Reprinted courtesy of David Adelstein, Kirwin Norris

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Judge with gavel and scale

The pollution exclusion at issue generally barred coverage for “bodily injury” arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, or other irritants, contaminants or pollutants.

Seventh Circuit, With an Assist From the Illinois Supreme Court, Finds That “Pollution Exclusion” Bars Coverage For Emissions Allowed Under Regulatory Permit

April 20, 2026 — Jason Taylor - Traub Lieberman Insurance Law Blog

In Griffith Foods Int’l Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, 24-1217 & 24-1223 (7th Cir. Mar. 13, 2026), the Seventh Circuit addressed the meaning and scope of a pollution exclusion in a standard-form commercial general liability insurance policy for underlying injuries caused by ethylene oxide (EtO) emissions. The insurance dispute arose out of underlying tort litigation involving bodily injury claims, including cancer, allegedly caused by emissions of ethylene oxide over a 35-year period from 1984 through 2019 by Griffith Foods International and later Sterigenics U.S. The pollution exclusion at issue generally barred coverage for “bodily injury” arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, or other irritants, contaminants or pollutants.

Interpreting similar exclusions, the Illinois Supreme Court has previously held that the standard CGL pollution exclusion bars coverage for bodily injuries caused by traditional environmental pollution (essentially industrial emissions of pollutants), but not by more commonplace emissions (such as carbon monoxide from a residential furnace or excess chlorine in a backyard swimming pool). See American States Insurance Co. v. Koloms, 177 Ill. 2d 473 (Ill. 1997). In Griffith Foods, the District Court initially concluded that the pollution exclusion did not apply because the companies emitted EtO pursuant to a permit issued by the IEPA. The District Court reached this latter conclusion by applying Erie Insurance Exchange v. Imperial Marble Corp., 957 N.E.2d 1214 (Ill. App. Ct. 2011), an Illinois intermediate appellate court decision finding it ambiguous whether a CGL policy’s pollution exclusion barred coverage for emissions authorized by regulatory permit.

Mr. Taylor may be contacted at jtaylor@tlsslaw.com

Reprinted courtesy of Jason Taylor, Traub Lieberman

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Audience cheering award given

The Legal 500’s Denver Elite rankings highlight leading law firms and attorneys within the Denver legal market.

HHMR and Every One of its Partners Recognized by Legal 500 in Denver Elite – Real Estate

April 20, 2026 — David McLain - Colorado Construction Litigation Blog

Higgins, Hopkins, McLain & Roswell, LLC is pleased to announce its recognition as a Tier 1 firm in the Denver Elite rankings for Real Estate, a category that includes construction law and construction litigation, by The Legal 500. In addition, each of the firm’s partners has been individually recognized in the same rankings.

The firm’s individual recognitions include:

Mr. McLain may be contacted at mclain@hhmrlaw.com

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

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Water

Approved March 24, the package now moves to the Senate for action by the Environment and Public Works Committee.

Lawmakers Vote to Reauthorize Programs to Support Water Quality, Coastal Protection

April 20, 2026 — Pam McFarland - Engineering News-Record

The U.S. House of Representatives has passed a package of 14 bills that includes measures to reauthorize several U.S. Environmental Protection Agency programs to protect and restore critical water ecosystems, expand access to broadband, reduce regulatory requirements on airport projects and programs and lower costs of federal buildings.

Ms. McFarland may be contacted at mcfarlandp@enr.com

Reprinted courtesy of Pam McFarland, Engineering News-Record

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Five star ranking

Since launching its innovative 50-state platform in April 2019, GRSM has experienced extraordinary growth across markets, practices, and client relationships.

GRSM Marks Seventh Anniversary as First and Only Full-Service Law Firm in All 50 States, Climbs to #70 on Am Law 100

April 20, 2026 — Gordon Rees Scully Mansukhani

Gordon Rees Scully Mansukhani proudly celebrates the seventh anniversary of its becoming the first and only full-service law firm with offices and attorneys in all 50 states. Since launching its innovative 50-state platform in April 2019, GRSM has experienced extraordinary growth across markets, practices, and client relationships.

In the past seven years, GRSM has expanded its footprint with 20 new offices in both major and secondary markets and doubled its attorney headcount, growing from 940 to more than 2000 lawyers. This growth has propelled GRSM from the 40th to the 11th largest law firm in the United States, according to Law360, while also driving a significant rise on the Am Law 100 rankings, from #103 in 2019 to #70 in 2026. GRSM has served nearly half of the Fortune 500, a testament to its deep bench of lawyers and national capabilities.

Reprinted courtesy of Gordon Rees Scully Mansukhani

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Roadmap

The report focuses specifically on emissions from construction jobsite activities and reflects a shared commitment to advancing practical, scalable solutions for the industry.

New Report Outlines Roadmap for Construction Jobsites to Cut Carbon Emissions by 2040

April 20, 2026 — PCL Construction

Denver, Colo., April 16, 2026 (GLOBE NEWSWIRE) -- A new industry report outlines five practical steps that, when implemented together, could reduce construction jobsite emissions by up to 75% without compromising cost, schedule or performance. Grounded in real operational data from 617 construction projects across the U.S. and Canada, Growing and Greening Canadian Construction represents the most comprehensive sector-wide analysis of jobsite emissions conducted to date.

The report was developed through a collaboration among leading general contractors, including PCL Construction, in partnership with the Transition Accelerator, an organization that drives projects, partnerships, and strategies to promote economic competitiveness in a carbon‑neutral world. The report focuses specifically on emissions from construction jobsite activities and reflects a shared commitment to advancing practical, scalable solutions for the industry.

About PCL Construction
PCL is a group of independent construction companies that operates throughout the United States, Canada, the Caribbean and Australia. As one of the largest contracting organizations in North America, PCL completes more than $9.9 billion USD in work annually, building projects that shape communities. The company’s 100% employee ownership model fuels a culture of commitment for clients in the buildings, civil infrastructure, heavy industrial and solar markets. With a strategic presence in more than 30 major centers, PCL’s leadership teams consistently drive innovation and set new benchmarks for excellence, bringing unparalleled skill to every project. Watch us build at PCL.com.

About the Transition Accelerator
The Transition Accelerator works with 300+ partner organizations across Canada to build out pathways to a prosperous low-carbon economy and avoid costly dead-ends along the way. We help governments and industry harness the global shift towards clean growth to secure permanent jobs, abundant energy, and strong regional economies across the country. By connecting systems-level thinking with real-world analysis, we’re enabling a more affordable, competitive, and resilient future.

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Happy anniversary

What began as a single office in Orange County has evolved into a multi-state firm with 11 locations across five states.

Celebrating 29 Years – Thank You for Your Continued Trust!

April 20, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP

For 29 years, Bremer Whyte Brown & O’Meara, LLP has grown alongside the clients and communities we proudly serve.

What began as a single office in Orange County has evolved into a multi-state firm with 11 locations across five states. Today, we are proud to be supported by a dedicated team of more than 200 attorneys and over 400 employees who work every day to deliver exceptional service and results.

This milestone is not just about where we started; it’s about the people who have helped shape who we are today. Our continued growth reflects the strength of our relationships, the trust of our clients and partners, and the commitment of our team.

Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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AI making skyrise designs

Aarni Heiskanen, a Finnish construction innovation agent, is hailed as a Top 10 thought leader in construction.

AI Adoption in Construction: A UK Practitioner’s View

April 20, 2026 — Aarni Heiskanen - AEC Business

I recently talked with Chris Brady, an AI adoption consultant based in Birmingham, UK, who has spent 18 years working in construction. Two years ago, he began integrating AI into his work with contractors and SMEs, initially as an add-on service, and it has since become his main business.

Chris now runs Metrix, an AI consultancy focused on UK construction companies, alongside two other ventures: Trade Upskill, an education platform for construction professionals, and ctrldash.ai, a compliance-automation SaaS for construction SMEs, both of which are soon to launch.

What struck me most in our conversation was how grounded his approach is, built on years of direct industry experience rather than arriving from outside with a technology solution looking for a problem.

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

Reprinted courtesy of Aarni Heiskanen, AEC Business

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Construction worker in front of green screen

All episodes of season six of Rock the Block were filmed in the Worthington Ranch community in Grantsville, Utah, and the four homes on the show were built by Utah builder Hamlet Homes.

Four Families Now Live in the Season Six Rock the Block Homes in Grantsville, Utah

April 20, 2026 — Hamlet Homes

SALT LAKE CITY, April 20, 2026 /PRNewswire/ -- The premier of Rock the Block season seven aired last Monday and is set in Las Vegas, Nevada. Rock The Block is HGTV's highest rated show. Last year, season six was set in Utah and had HGTV's highest rating yet, with over 14 million viewers. All episodes of season six were filmed in the Worthington Ranch community in Grantsville, Utah. The four homes on the show were built by Utah builder Hamlet Homes. During the show, the location of the four Rock The Block homes had to be kept secret and were surrounded by a locked gate. After over a year of being inaccessible, the Utah public was invited in May 2025 to tour the homes and help raise money together for charity. On May 30-31, 2025, Hamlet hosted a 'Rock The Block Party' where the public was able to walk through the homes made famous by the show.

Hamlet Owner, VP of Marketing & Design Tami Ostmark shares stories from the show and her perspective of what it's like to be the builder on a national show like this. Ostmark was on set almost the entire time. "As expected, there were times when there was tension on the set. All four designers were super competitive with each other. It's amazing that the production team was able to produce the show as well as they did. I'm very impressed," said Ostmark.

Another interesting point related to the show is how much work the local builder is responsible for. Some nights as many as 30 Hamlet team members worked through the night to keep up with the pace of production. "Each designer provided their own trusted carpenters to do finishing work. In two of the cases, designers' flew their favorite carpenters in to carry out their visions. Given the quick turnaround, it's not always practical for finishing work to be permanent. Sometimes, it just needs to look appealing on camera," said Ostmark. This is frequently referred to as 'TV Magic'. "When the show was over, Hamlet re-did any areas that required extra attention". The show really does shoot in only 7 weeks as depicted. This creates a fast pace that was very exciting to be a part of", continued Ostmark. All four of the homes featured on the show have since been purchased; four Utah families currently call them home.

ABOUT HAMLET HOMES
Hamlet Homes (www.hamlethomes.com) crafts quality customer-oriented townhomes and single-family homes located in attractively designed communities in Utah and Idaho. Since the company's founding in 1995, Hamlet has built over 5,000 homes in 80 communities. The company is a proud recipient of many awards on Sustainable Business & Design, Quality Builder Awards; recognized both locally and nationally. Named by the Salt Lake Chamber of Commerce as the 'Veteran Owned Small Business of the Year, in 2019'. Hamlet has since been named several times to the Professional Builder's Housing Giants List and annual HOME AWARDS Best Customer Experience. Most recently in 2026, Hamlet was named Utah's 'Best of State for Real Estate Development and Utah Businesses 'Best Companies to Work For' for the 6th consecutive year.

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Home development in Washington DC

ENR MidAtlantic Owner of the Year: Enterprise Community Development: Creating Healthy and Resilient Communities

April 20, 2026 — Jim Parsons - Engineering News-Record

Enterprise Community Development is the largest nonprofit affordable housing provider in the MidAtlantic region and sixth largest in the U.S. According to the company, its $1.25-billion portfolio spans 115 communities and 13,000 homes serving more than 24,000 residents across Maryland, the District of Columbia and Virginia.

ENR may be contacted at enr@enr.com

Reprinted courtesy of Jim Parsons, Engineering News-Record

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happy construction workers

ABC’s Construction Backlog Indicator Falls to Four-Year Low in January; Contractor Confidence Grows

April 20, 2026 — ABC - Construction Executive

WASHINGTON, Feb. 10—Associated Builders and Contractors reported that its Construction Backlog Indicator fell to 8.0 months in January, according to an ABC member survey conducted Jan. 20 to Feb. 3. The reading is down 0.2 months from December and 0.4 months from January 2025.

View ABC’s Construction Backlog Indicator and Construction Confidence Index for January. View the full Construction Backlog Indicator and Construction Confidence Index data series.

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

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Insurance document

Insured’s Claim Against Insurer for Misrepresentation in Providing Policy Fails

April 20, 2026 — Tred R. Eyerly - Insurance Law Hawaii

The insured’s claim that the insurer breached its duty to advise on coverage offered by the policy failed. Piatt Lake Bible Conference Ass’n v. Church Mutual Ins. Co., 2026 U.S. App. LEXIS 1095 (6th Cir. Jan. 13, 2026).

Piatt Lake Bible Conference Association held a blanket insurance policy with Church Mutual insuring several buildings up to $3.5 million with a $100,000 sub-limit for code-compliance costs. One of the insured buildings was the “Miracle Building” which was built in 1973 as a two-story multi-purpose log building. Due to its age, the Miracle Building lacked many new features required for modern code compliance.

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

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

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Seminar

CLM 2026 Focus June: Cyber, Property, Subrogation, and Transportation

April 20, 2026 — Beverley BevenFlorez – CDJ Staff

CLM’s Focus event is comprised of five tracks: Cyber, Property, Subrogation, Transportation, and Claims & Litigation Management, and each is “designed to deliver specialized insight for mid- to senior-level professionals.” Participants can choose to stay within one track or jump around different tracks. The event provides networking opportunities as well.

June 17th-18th, 2026
DoubleTree by Hilton Nashville Downtown
315 Fourth Avenue North
Nashville, Tennessee

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At Least 35 Tornadoes Reported Across 10 States

Cleanup is underway after a severe weather outbreak pummeled the nation's heartland, Good Morning America reported.

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The Fight to Save California’s Coast

California’s beaches are iconic, but they’re also increasingly starved for sand because of overdevelopment, coastal erosion and seal-level rise, PBS SoCal reported.

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