CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, SEPTEMBER 9, 2025

Los Angeles Skyline at Twilight

The joinder of Chapman Glucksman attorneys will expand Segal McCambridge's high-stakes litigation experience, enabling the firm to continue serving its growing base of clients on the West Coast.

Segal McCambridge Expands West Coast Presence with the Addition of 36 Attorneys from Chapman Glucksman to Los Angeles Office

September 8, 2025
Segal McCambridge

Los Angeles, CA, September 2, 2025 - Segal McCambridge is pleased to announce its continued expansion on the West Coast with the addition of 36 attorneys from Chapman Glucksman, who will join the firm's Los Angeles office.

The joinder of Chapman Glucksman attorneys will expand Segal McCambridge's high-stakes litigation experience, enabling the firm to continue serving its growing base of clients on the West Coast. This move reflects Segal McCambridge's long-term commitment to building a national platform with strong local roots to provide clients with creative, strategic advice and battle-tested trial experience.

"We're proud to continue our strategic expansion with the growth of our West Coast team," said Jason Eckerly, Managing Shareholder of the firm. "This move reflects both the strength of our client relationships and our commitment to building a presence in key markets where our services are in high demand. As our firm continues to grow locally and nationally, we remain focused on maintaining the high standard of excellence and responsiveness our clients expect - now with an even deeper bench and regional capabilities, building on Chapman Glucksman's decades of experience and respected brand in the California market."

As part of the firm's strategic growth efforts, the Los Angeles office, located at 11900 West Olympic Boulevard, Los Angeles, California 90064, will continue to see expansion throughout 2025 and beyond.

"Our team of highly experienced litigators and attorneys is excited to join a firm with a strong track record of helping companies and individuals with complex litigation and business challenges," said Chapman Glucksman co-founder Richard H. Glucksman. "Segal McCambridge is known for being a trusted partner and advisor for its effective strategies that help clients achieve their objectives, so it is a natural fit for our team to join forces with this firm."

Chapman Glucksman, after more than 40 years in business, sought to align its strengths with a larger firm offering a national footprint, broader practice capabilities, and enhanced resources. Through this combination, Chapman Glucksman's clients will continue to benefit from Segal McCambridge's commitment to delivering the highest quality legal services and serving as a trusted advisor and partner across the United States.

We are also grateful to Larry Gennaro of Gennaro Potratz, whose guidance and expertise were instrumental in bringing this expansion to fruition. His thoughtful approach and industry insight helped align both firms' goals and ensure a smooth transition.

About Segal McCambridge
Segal McCambridge has built a reputation as a national law firm of accomplished trial attorneys for almost four decades. Founded in 1986, the firm has grown from a four-lawyer shop in Chicago to a firm with 18 offices nationwide. The firm routinely counsels and defends clients, including Fortune 500 companies, corporations, and individuals, across the United States in complex litigation matters including, but not limited to, asbestos, class action, construction, employment, environmental, food and beverage, insurance coverage and bad faith, life sciences, product liability, professional liability, technology and cyber risk, transportation, and warranty. For more information, visit: www.segalmccambridge.com.

CDJ NEWS THIS WEEK

Oregon Justice Building

This opinion generally moves Oregon into the majority grouping of states, finding that property damage resulting from construction defect can be caused by an “occurrence.”

Oregon Supreme Court Provides Much-Needed Clarity on the State’s Law Regarding Whether Damage from Construction Defect Constitutes An “Occurrence”

September 8, 2025 — Ali H. Jamwal - Saxe Doernberger & Vita, P.C.

The Supreme Court of Oregon recently ruled that a general contractor’s tort liability for its defective work may constitute a covered “occurrence” within the meaning of the ISO commercial general liability (“CGL”) policy, providing much needed clarity on the issue under Oregon law.[1] However, property damage arising solely from a contractor’s contractual obligations does not constitute an accident, and thus, is not an “occurrence.” [2]

Plaintiffs, Weston and Carrie Twigg, hired Rainer Pacific Development LLC (“Rainer”), a general contractor, to build their home. Admiral Insurance Company (“Admiral”) insured Rainer under a CGL policy. After substantial completion, the Twiggs notified Ranier of various construction defects, which caused property damage. Ultimately, the Twiggs prevailed against Rainer in an arbitration wherein the Twiggs alleged claims of breach of contract, resulting in property damage.

Rainer tendered the suit to Admiral, who denied coverage, and the Twiggs, as judgment creditors, sued Admiral, seeking to be paid for the damages awarded in the arbitration. Admiral moved for summary judgment, claiming it had no duty to indemnify because the contractor’s breach of contract was not an accident, there was no “occurrence.” The trial court granted Admiral’s motion for summary judgment. The Court of Appeals affirmed. Plaintiffs appealed to the Oregon Supreme Court.

Mr. Jamwal may be contacted at AJamwal@sdvlaw.com

Reprinted courtesy of Ali H. Jamwal, Saxe Doernberger & Vita, P.C.

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Black White Illustration Man Woman at Table Meeting

Hiring the right expert can make all the difference - but where do you start?

Hiring the Right Expert For Your Construction Dispute

September 8, 2025 — Lauren McGinley - The Dispute Resolver

Construction projects are complex undertakings, typically involving multiple parties, intricate contracts, and significant financial investments. With so many moving parts, it’s no surprise that disputes often arise over delays, defects, payment issues, or contract interpretation. When these disputes escalate to arbitration or litigation, the technical and specialized nature of construction means that lawyers and judges often need help understanding the facts. Hiring the right expert can make all the difference - but where do you start?

Do I Really Need an Expert?
Construction disputes are complicated. They often hinge on technical details that raise questions requiring specialized knowledge to answer. Without expert analysis, it can be difficult to establish what actually happened, who is at fault, and what damages are appropriate.

Experts bridge this gap by providing objective, professional opinions based on their training and experience. A good expert can explain complex issues and present them in a manner that is understandable to non-specialists. Their advice, reports, and testimony can be pivotal in determining the outcome of a case.

Ms. McGinley may be contacted at lmcginley@foxrothschild.com

Reprinted courtesy of Lauren McGinley, Fox Rothschild

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Team discussing document on laptop

The insurer's motion for summary judgment on the insured's collapse claim was partially granted, but mostly denied.

Insurers' Motion for Summary Judgment on Collapse Claim Granted in Part, Denied in Part

September 8, 2025 — Tred R. Eyerly - Insurance Law Hawaii

The insurer's motion for summary judgment on the insured's collapse claim was partially granted, but mostly denied. LDG Rentals, LLC v. Western World Ins. Co., 2025 U.S. Dist. LEXIS 117063 (D. Kan. June 18, 2025).

LDG Rentals, LLC purchased a two-story, 125 year old building. LDC sought coverage for the building through its agent, Acrisure. The agent inspected the building and said calculations were needed to determine the cost of rebuilding the structure with modern pricing. The agent, however, never performed any calculations, and based his coverage recommendation on the prior owner's insurance coverage. A $200,000 policy was recommended. LDG accepted the recommendation and purchased a policy with Western World with limits of $200,000.

A few weeks later, the north wall of LDG's building partially collapsed. A claim was submitted under the policy. Western World hired an investigator, who found that the collapse was caused by deterioration of mortar around bricks. A structural engineer then determined that the collapse resulted from long-term age-related deterioration and the failure to maintain the structure. Western World denied coverage.

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

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

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Person pointing at contract

Notice provisions in contracts matter.

Notice Provisions in Contracts Matter

September 8, 2025 — David Adelstein - Florida Construction Legal Updates

Notice provisions in contracts matter. Oftentimes, contracts or legal documents contain notice provisions. If not, they should. The notice provision should include the address where the notice needs to be sent, any specified person the notice should be addressed to, and the vehicle for the delivery of the notice (e.g., e-mail, certified mail, overnight courier, a combination, etc.). Seems common sensical, right?

In a recent case, discussed here, an agreement dealing with an easement required one party to pay its share of maintenance within 30 days of its receipt of the demand for payment. If the party failed to pay, the easement was terminated. The problem was there was no notice provision or address for where the demand for payment should be sent in the agreement. Public records for the party showed two different addresses. Notice was only sent to one address and the person that signed for the “demand for payment” was arguably not even an agent of the party. Hence, a disputed issue of material fact that turned on the legal text as to whether the demand for payment was even received to allow for the termination of the easement.

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

Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.

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Illustration of business people navigating boat through red sea

Months later, how is Trump's America First Trade Policy affecting the construction industry? Many companies still aren't quite sure.

Navigating Disruption to Construction Projects Flowing From the America First Trade Policy

September 8, 2025 — Meagan T. Bachman, Joshua M. Lindsay & Edward Norman - Construction Executive

In January 2025, the Trump administration announced its intention to pursue an America First Trade Policy. Several months later it remains difficult to predict what measures will be employed to implement this policy from one week to the next, not least because some measures have been announced and then withdrawn, postponed or modified immediately after. Whether and to what extent construction projects experience increased materials costs, supply-chain disruptions and materials shortages, delays or perhaps even cancellations remains to be seen. What is clear, however, is that at least some of the materially increased U.S. tariffs and export controls and those levied in response to U.S. tariffs are already substantially affecting construction projects globally and the entire ladder of supply. These disruptions could very well be a source of continuing challenges and uncertainty for projects the world over.

Below is a simple checklist that endeavors to provide a practical reference tool to help companies at all levels of the contractual chain for construction projects review the contractual and other legal mechanisms that may be available to them to navigate the current conditions. This checklist is intended to serve as a starting point for evaluating options to mitigate the impacts of changes in tariffs and export controls, but the application and utility of the contractual mechanisms and laws identified here naturally will vary according to the particular contract language and the governing law.

Reprinted courtesy of Meagan T. Bachman, Joshua M. Lindsay & Edward Norman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.

Ms. Bachman may be contacted at MBachman@crowell.com
Mr. Lindsay may be contacted at JoshLindsay@crowell.com

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Testifying Construction and Building Industry Standard of Care Expert Witness

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Extensive testimony experience attendant to numerous commercial and residential construction defect and claims related expert witness designations

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Good Better Best

Gordon Rees Scully Mansukhani is pleased to announce that 172 of its attorneys were listed in The Best Lawyers in America© 2026 Edition.

GRSM Attorneys Recognized in The Best Lawyers in America® 2026

September 8, 2025 — Gordon Rees Scully Mansukhani

Gordon Rees Scully Mansukhani is pleased to announce that 172 of its attorneys were listed in The Best Lawyers in America© 2026 Edition, five of whom received “Lawyer of the Year” recognitions. Additionally, 69 GRSM attorneys were recognized in the Best Lawyers: Ones to Watch 2026.

Best Lawyers lists are compiled based on peer-review evaluations. For the 2026 edition of The Best Lawyers in America®, results were determined using millions of confidential attorney evaluations. Ones to Watch adopts this same peer-review methodology.

Reprinted courtesy of Gordon Rees Scully Mansukhani

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Table of money with hands grabbing for it

The total amount sought by Kiewit on the pier project is $35 million, according to media accounts of interviews with port officials.

Kiewit Seeks Millions in Added Connecticut Pier Renovation Costs

September 8, 2025 — Richard Korman - Engineering News-Record

Kiewit Corp. and the Connecticut Port Authority are preparing to begin mediation over tens of millions of dollars the contractor giant believes it is owed for the multiyear renovation of a critical state pier in New London, port officials said.

Mr. Korman may be contacted at kormanr@enr.com

Reprinted courtesy of Richard Korman, Engineering News-Record

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Gold stars

Ahlers Cressman & Sleight PLLC is excited to announce that ten members of their firm have received recognition from Best Lawyers® in America for 2026.

Ahlers Cressman & Sleight PLLC Recognized by Best Lawyers 2026

September 8, 2025 — Ahlers Cressman & Sleight PLLC

Continuing the trend from last year, Ahlers Cressman & Sleight PLLC is excited to announce that ten members of our firm have received recognition from Best Lawyers® in America for 2026.

The Best Lawyers in America® has been an annual publication since 1983 and focuses on the top legal talent across the United States and globe. Best Lawyers® has substantial credibility reaching over seventeen million readers globally and has partnered with leading journals such as The New York Times, The Wall Street Journal, The Los Angeles Times, The Washington Post and The Chicago Tribune, justto name a few. Through its rankings, Best Lawyers® provides a comprehensive guide to legal representation for individuals and businesses alike. Over time, Best Lawyers® has been recognized to be one of the leading publications for attorney achievements and references.

The process towards recognition from Best Lawyers® is a lengthy one, centered around scrutinous peer review and modeled to accurately reflect the professional grit and merit observed by the field’s top attorneys. Lawyers, after being nominated by clients or colleagues, are then placed on ballots distributed to firms across the state, relative to field of practice and region. Voting is done by rating attorneys on a scale of one to five based on their likelihood of case referral and any additional comments made. After feedback is collected and evaluated, Best Lawyers® researchers perform basic background checks to state bars to ensure each lawyer nominated is in good ethical standing to finalize award recognitions.

Reprinted courtesy of Ahlers Cressman & Sleight PLLC

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Texas State Seal

The new statute will impose expansive state-level restrictions on property ownership through sweeping prohibitions aimed at limiting land acquisition by certain foreign governments, companies and individuals.

Texas Enacts Landmark Restrictions on Foreign Land Ownership Under SB 17

September 8, 2025 — Adam J. Weaver, Allan C. Van Vliet, Jenny Y. Liu, Frank Xue & Emily Pierce - Gravel2Gavel

On June 20, 2025, Texas Governor Greg Abbott signed Texas Senate Bill 17 (SB 17) into law, reshaping the landscape for global investment in Texas real estate. When the new statute takes effect on September 1, 2025, it will impose expansive state-level restrictions on property ownership through sweeping prohibitions aimed at limiting land acquisition by certain foreign governments, companies and individuals.

For foreign companies, particularly those headquartered in or controlled by individuals from countries identified by the U.S. or the Texas governor as national security threats, SB 17 creates major obstacles to real estate investment, financing and development.

Reprinted courtesy of Adam J. Weaver, Pillsbury, Allan C. Van Vliet, Pillsbury, Jenny Y. Liu, Pillsbury, Frank Xue, Pillsbury and Emily Pierce, Pillsbury

Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com
Mr. Van Vliet may be contacted at allan.vanvliet@pillsburylaw.com
Ms. Liu may be contacted at jenny.liu@pillsburylaw.com
Mr. Xue may be contacted at frank.xue@pillsburylaw.com

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Congratulations

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

Congratulations to Haight Attorneys Selected for the 2026 Edition of Best Lawyers and Best Lawyers: Ones to Watch

September 8, 2025 — Haight Brown & Bonesteel LLP

Best Lawyers 2026 Edition

  • Bruce Cleeland
  • Peter Dubrawski
  • William Ireland
  • Denis Moriarty

Best Lawyers: Ones to Watch 2026 Edition

  • Derek Lawson
  • Philip McDermott
  • Kathleen E.M. Moriarty
  • Austin Smith
  • Steven Scordalakis

Reprinted courtesy of Haight Brown & Bonesteel LLP

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Confetti celebration

Miami Managing Partner Todd R. Ehrenreich was inducted as a Fellow into the International Academy of Trial Lawyers at the organization’s 2025 Mid-Year Meeting.

Todd Ehrenreich Inducted as Fellow of International Academy of Trial Lawyers

September 8, 2025 — Lewis Brisbois Newsroom

Miami, Fla. (August 1, 2025) – Miami Managing Partner Todd R. Ehrenreich was inducted as a Fellow into the International Academy of Trial Lawyers at the organization’s 2025 Mid-Year Meeting in Vancouver, British Columbia, July 23-27.

The International Academy of Trial Lawyers (the Academy) is a fellowship of lawyers with a singular mission - to protect and promote the Rule of Law. Founded in 1954, the Academy consists of the best trial lawyers as measured by skill, experience, ethics and civility. It represents both sides of the trial bar: prosecutors and defense lawyers in criminal cases; plaintiff and defense counsel in civil litigation.

“It is an absolute honor and privilege to be inducted as a Fellow in the Academy,” said Mr. Ehrenreich. “This great international group of men and women, whose purpose and focus of upholding the rule of law is of great importance. I look forward to many years of contributing to this goal and working with my Fellows and Diplomates.”

Reprinted courtesy of Lewis Brisbois

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Confetti spilling out of gold trophy

Wilke Fleury has seven attorneys in The Best Lawyers in America and eight attorneys in the Best Lawyers: Ones to Watch in America.

Wilke Fleury Attorneys Featured in “The Best Lawyers in America” & “Best Lawyers: Ones to Watch” 2025 Editions

September 8, 2025 — Wilke Fleury LLP

Wilke Fleury is extremely proud to have seven attorneys recognized in The Best Lawyers in America and eight attorneys recognized in the Best Lawyers: Ones to Watch in America! Best Lawyers has been regarded by lawyers and the public for more than 40 years as the most credible measure of legal integrity and distinction in the United States. Congratulations to this talented group!

Best Lawyers:

  • Daniel L. Egan
  • Daniel J. Foster
  • David A. Frenznick
  • George A. Guthrie
  • Stephen K. Marmaduke
  • Matthew W. Powell
  • Steven J. Williamson
  • Reprinted courtesy of Wilke Fleury LLP

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    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

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    New York City Midtown

    NYC Approves Midtown Rezoning to Allow 9,500 New Housing Units

    September 8, 2025 — Paulina Cachero - Bloomberg

    The New York City Council approved the rezoning of a 42-block section of Manhattan, paving the way for the development of more than 9,500 new residential units in the area.

    The rezoning would allow construction of high-density housing in four separate areas south of Times Square that are currently designated for manufacturing and offices. About a third of the new units would be permanently affordable.

    City leaders expect developers will move quickly to convert vacant and underused office buildings in the area - known as Midtown South - to help address a critical housing shortage. Providing more shelter for New Yorkers is an issue that has taken center stage in the city’s mayoral race.

    Reprinted courtesy of Paulina Cachero, Bloomberg

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    Construction worker smiling on site

    Contractor Optimism Grows as ABC’s Backlog Indicator Rebounds in June

    September 8, 2025 — ABC - Construction Executive

    WASHINGTON, July 15 - Associated Builders and Contractors reported that its Construction Backlog Indicator rose to 8.7 months in June, according to an ABC member survey conducted June 20 to July 7. The reading is up 0.3 months since June 2024.

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

    The largest contractors have nearly two months longer backlog than they did one year ago. While the smallest contractors have slightly longer backlog on a year-ago basis, backlog has fallen for contractors with $30-$100 million in annual revenues.

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

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    Arrow pointed to Insurance

    Insured's Claim Against Broker for Securing Inadequate Limits Fails

    September 8, 2025 — Tred R. Eyerly - Insurance Law Hawaii

    The California Superior Court granted the agent's demurrer to dismiss the insured's claim for inadequate coverage. Westchester Playa Realty Alliance, Inc. v. City Roofing, Inc., 2025 Cal. Super. LEXIS 26902 (Cal. Super. Ct. June 4, 2015).

    Westchester Playa Realty Alliance, Inc. leased property in Los Angeles. City Roofing, Inc. performed repairs on the roof of the building. The building caught fire, allegedly caused by City Roofing's repairs. The fire destroyed the building and Westchester's personal property inside.

    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

    Forum on Construction Law 2025 Regional Seminars

    September 8, 2025 — Beverley BevenFlorez – CDJ Staff

    The American Bar Association (ABA) Forum on Construction Law will host their Construction Law Essentials seminar in four different cities. Essentials combines two of the Forum’s programs, Fundamentals of Construction Law and Sticks & Bricks. The two-day event will cover “the essential technical and legal underpinnings of construction, including the key participants in a project, project delivery systems and construction agreements, the bidding and construction process, insurance and bonding, government construction contracts, and dispute resolution.”

    November 13th-14th, 2025
    American Bar Association, Chicago, IL
    Spencer Fane LLP, Kansas City, MO
    GrayRobinson PA, Orlando, FL
    American Arbitration Association, New York, NY

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    Arizona Town Sinking as Farms Pump Groundwater, Locals Drill Deeper Wells

    NBC News reported, in western Arizona, towns are forced to dig deeper for groundwater, while massive farms and private companies pump almost without limits, causing one town to sink.

    CDJ Video Channel

    Water Main Break Causes Sinkhole in Fullerton

    A homeowner stood and watched as the massive stream of water shot on top of his home. Tracey Leong reports for the NBC4 News.

    CDJ Video Channel


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