"News and Information for Construction Defect and Claims Professionals"
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, NOVEMBER 25, 2025

Reecer Creek Excavating was subcontracted by SRI-Rochlin Construction JV to perform excavation and paving work on a housing development in Ellensburg, Washington.
In a recent opinion, Division III of the Washington Court of Appeals clarified arbitrator limits in Reecer Creek Excavating v. SRI-Rochlin Construction JV,[1] holding that consequential damage waivers are enforceable, fee-shifting depends on who “substantially prevails,” and arbitration awards can be vacated only in narrow circumstances.
Reecer Creek Excavating (“Reecer”) was subcontracted by SRI-Rochlin Construction JV (“SRI”) to perform excavation and paving work on a housing development in Ellensburg, Washington. When payment disputes arose, both parties filed breach-of-contract claims and later agreed to private arbitration. Their arbitration agreement included terms mandating that “the prevailing party shall be entitled to reasonable attorney fees and costs” and providing for an exception to the finality of the award where the arbitrator exceeded its authority.
After a multi-day arbitration, the arbitrator found both parties partly at fault - Reecer for incomplete and defective work, and SRI for withholding certain payments. The net award favored Reecer by about $55,000, with each side ordered to bear its own attorney’s fees.
Mr. Lane may be contacted at joshua.lane@acslawyers.com
Reprinted courtesy of Joshua Lane, Ahlers Cressman & Sleight PLLC

Acuity v. Kinsale underscores that Colorado courts will distinguish carefully between contractual, equitable, and statutory theories in multi-insurer disputes.
Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC

In a recent personal injury dispute dealing with the tripping and falling on a public sidewalk, a key issue included the application of Florida’s Building Code on a FDOT project.
Mr. Adelstein may be contacted at dma@kirwinnorris.com
Reprinted courtesy of David Adelstein, Kirwin Norris

Like with any other construction contract, if certain items are not thoroughly addressed, it can raise doubts about the resultant risk allocation, breeding an environment ripe for dispute.
Ms. Trunkes may be contacted at vtrunkes@rc.com
Reprinted courtesy of Virginia Trunkes, Robinson & Cole

The plaintiff, Alejandro Garcia-Terrazas, had a policy issued by State Farm.
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert

This activity comes despite the company’s statement to ENR that tunneling has not yet started and final permit approvals remain pending, prompting renewed scrutiny over oversight and public engagement.
Mr. Kong may be contacted at kongv@enr.com
Reprinted courtesy of Vince Kong, Engineering News-Record
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


The court vacated a district court order that would have required FirstEnergy Corporation to produce, in civil litigation, privileged and work-product-protected documents related to two internal investigations.
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.

Here are some steps Homeowners Associations (HOA) can take to protect themselves during cold season.

White and Williams LLP is honored to be recognized among the 2026 Best Law Firms ranked by Best Lawyers®.
Reprinted courtesy of White and Williams LLP

Use AI to expand your creativity, see the case from various perspectives, and make your advocacy more persuasive.
Ms. O'Neil may be contacted at doneil@ccsb.com
Reprinted courtesy of Debrán O’Neil, Carrington, Coleman, Sloman & Blumenthal, L.L.P.

Like Public Contract Code section 9204, Civil Code section 8850 provides a three-step claims resolution process.
Mr. Murai may be contacted at gmurai@nomosllp.com
Reprinted courtesy of Garret Murai, Nomos LLP

As Hurricane Melissa made landfall this week as a category five storm, it serves as a stark reminder to the construction industry to always be prepared, even at the end of storm season.

Is this just a whim or a breakthrough that could make robots a viable tool for even small construction companies?
Mr. Heiskanen may be contacted at aec-business@aepartners.fi
Reprinted courtesy of Aarni Heiskanen, AEC Business
California Architectural Registration Board Supplemental Examination Commissioner
(800) 482-1822
www.berthowe.com


Reprinted courtesy of Prashant Gopal, Bloomberg

Mr. Taylor may be contacted at jtaylor@tlsslaw.com
Reprinted courtesy of Jason Taylor, Traub Lieberman

Ms. Mannion may be contacted at manniona@enr.com
Reprinted courtesy of Annemarie Mannion, Engineering News-Record

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
