"News and Information for Construction Defect and Claims Professionals"
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, NOVEMBER 10, 2026

HOA Tip: Document the Details. A clear record starts when a problem is reported.
A resident reports water staining near a window. The HOA arranges a repair, the area dries, and the complaint is closed. Months later, the stain returns. Then another resident reports a similar problem elsewhere in the building.
At The Naumann Law Firm, we encourage HOA boards and property managers to pay attention to that sequence. A returning leak does not automatically mean the building has a construction defect. It does mean the board needs a clear record of what happened, what was repaired, and what changed afterward.
Start With the History, Not Just the New Stain
When a leak returns, the latest photograph tells only part of the story. Pull together the earlier maintenance request, inspection notes, photographs, repair proposal, invoice, and any messages from the resident or contractor.
Then ask:
These details help a board understand whether it is dealing with a new problem, an unsuccessful repair, or a pattern that needs a broader investigation.
Reprinted courtesy of The Naumann Law Firm, PC

In Galiant, the Court of Appeals held that a mechanic’s lien is not necessarily excessive merely because (1) the lien amount includes costs the contractor has not yet paid, or (2) the lien amount is subsequently reduced after recording.
Mr. Hall may be contacted at ahall@hhmrlaw.com
Reprinted courtesy of Adam Hall, Higgins, Hopkins, McLain & Roswell, LLC

The property had two structures, a single-family home and a rear structure, which contained a small apartment.
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert

For developers forming or using a CID, the decision provides welcome certainty on the durability of CID bonds, reimbursement structures, and the scope of qualifying community infrastructure.

The trial court found that Pitt received the revised drawing, failed to timely review and incorporate the changes into its scope, and committed the first material breach of the subcontract.
Mr. Devries may be contacted at mdevries@buchalter.com
Reprinted courtesy of Matthew J. Devries, Buchalter

Ball Janik LLP is pleased to announce that the firm has been recognized in the 2027 edition of Best Law Firms®.
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


Mediation offers a structured path for resolving construction conflicts, keeping control with the parties involved, not a judge.
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Peckar & Abramson, P.C. is pleased to announce that 20 attorneys from the firm’s New York and Boston offices have been selected for inclusion on the 2026 New York Metro and Massachusetts Super Lawyers® and Rising Stars lists.
Reprinted courtesy of Peckar & Abramson, P.C.

The pre-claim assistance built into many professional liability policies can help firms address issues before they escalate.
ENR may be contacted at enr@enr.com
Reprinted courtesy of Jared Maxwell, Engineering News-Record

The Super Lawyers Rising Stars list is a prestigious honor awarded to no more than 2.5% of attorneys in each state and recognizes outstanding professional achievement early in their careers.
Reprinted courtesy of Bremer Whyte Brown & O'Meara, LLP

The agreement at issue was dated December 15-16, 2017 and the accident at issue occurred in 2018.
Mr. Rokuson may be contacted at crokuson@tlsslaw.com
Reprinted courtesy of Craig Rokuson, Traub Lieberman

Ahlers Cressman & Sleight is pleased to announce their recognition in the 2027 edition of Best Law Firms®, ranked by Best Lawyers.
Reprinted courtesy of Ahlers Cressman & Sleight PLLC

Under AB 1198, updated prevailing wage rates may apply during construction to public works contracts awarded or advertised for bid after July 1, 2027 if the awarded value of the prime contract is $35 million or more.
California Architectural Registration Board Supplemental Examination Commissioner
(800) 482-1822
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Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert

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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
