"News and Information for Construction Defect and Claims Professionals"
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - SATURDAY, JULY 19, 2025
This case illustrates how ongoing maintenance obligations, even years after project completion, may keep the door open to liability long after you thought it was shut.
In a recent Colorado Court of Appeals decision, Kritzer v. Qwest Corporation, the Colorado Court of Appeals reaffirmed the protections offered by the statute of repose under Colorado’s Construction Defect Action Reform Act (“CDARA”)---but also reminded practitioners that those protections are not absolute.
For construction professionals, subcontractors, and public utilities, the case illustrates how ongoing maintenance obligations, even years after project completion, may keep the door open to liability long after you thought it was shut.
The Background: A Sidewalk, a Bicycle Crash, and a Six-Year Gap
In 2010, Qwest Corporation and its subcontractors installed underground fiber optic cables near Cherry Hills Village Elementary School. To access the cables, they removed and replaced a section of sidewalk. That work wrapped up in February 2010.
Mr. McLain may be contacted at mclain@hhmrlaw.com
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
The documents specified that two layers of drywall, which would increase the wall's fire resistance, were to be installed on the kitchen side of the wall.
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Cactus Water Services, LLC v. COG Operating, LLC resolves a high-stakes dispute over the ownership of produced water--a vexing byproduct of oil and gas production that is increasingly being viewed as a resource rather than waste--and its constituents.
The authors, both full-time neutrals, share some success strategies to help civil litigation practitioners, particularly in construction law.
If you are a general contractor (or the contractor responsible for hiring subcontractors), please make sure to procure a worker’s compensation and employer’s liability insurance policy.
Mr. Adelstein may be contacted at dma@kirwinnorris.com
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
The dispute involved the work of a subcontractor principal on an exterior wall enclosure project in Long Island City, New York.
Mr. Lund may be contacted at daniel.lund@phelps.com
Reprinted courtesy of Daniel Lund III, Phelps
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Reprinted courtesy of White and Williams LLP
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Cities on every coast are facing hard, expensive decisions because of the seemingly more mundane effects of a warming planet.
Reprinted courtesy of Mark Gongloff, Bloomberg
Wilke Fleury is extremely proud that several of its incredible attorneys have been selected as 2025 Northern California Super Lawyers or Rising Stars!
Reprinted courtesy of Wilke Fleury LLP
Partners at some of CE’s 2025 Top 50 Construction Law Firms offer perspectives on the state of contract disputes, recent victories worth celebrating and implications of the Trump administration’s changes to the legal landscape.
Are you being overcharged by your contractor?
Reprinted courtesy of Jon Grishpul, GreatBuildz
Russell Vought, director of the White House Office of Management and Budget, laid out the position in a June 12 memo in response to agencies issuing “overly broad” Federal Acquisition Regulation deviations related to PLAs.
Mr. Leggate may be contacted at leggatej@enr.com
Reprinted courtesy of James Leggate, Engineering News-Record
The U.S. Department of Labor has expanded access for employers in doubt about whether they are in compliance with the law through the “opinion letter program.”
Mr. Adams may be contacted at Kip.Adams@lewisbrisbois.com
Reprinted courtesy of Kip J. Adams, Lewis Brisbois
California Architectural Registration Board Supplemental Examination Commissioner
(800) 482-1822
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Reprinted courtesy of Michael Sasso, Bloomberg
Mr. Heiskanen may be contacted at aec-business@aepartners.fi
Reprinted courtesy of Aarni Heiskanen, AEC Business
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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
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