"News and Information for Construction Defect and Claims Professionals"
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, OCTOBER 6, 2026

These are things you don’t do.
A recent federal district court opinion, Sauer Construction, LLC v. United Structures of Georgia, LLC, 2026 WL 2522849 (M.D.Fla. 2026), addressed two worthy considerations when it comes to a Miller Act payment bond claim. And, when I am talking about considerations, I am really talking about “no-nos.” These are things you don’t do.
First, don’t file an untimely Miller Act payment bond lawsuit. Make sure, as a claimant, you file that lawsuit within one year from your final furnishing. In this case, the subcontractor claimant did not and tried to argue around the statute of limitations with an equitable tolling argument, i.e., that the statute of limitations should be equitably tolled to accommodate the late filing of the lawsuit. Guess what? The subcontractor was not successful. You are fighting an uphill (losing) battle when arguing equitable tolling because “traditional equitable tolling principles require that the claimant demonstrate extraordinary circumstances, such as fraud, misinformation, or deliberate concealment.” Sauer Construction, supra. This means you need ultra-persuasive evidence to support such equitable tolling principles. Actually, having this evidence is doubtful. Thus, timely file the Miller Act payment bond lawsuit. There is no legitimate reason not to.
Mr. Adelstein may be contacted at dma@kirwinnorris.com
Reprinted courtesy of David Adelstein, Kirwin Norris

The federal district court denied cross motions seeking to establish whether the policy covered damage due to smells in the insureds’ newly purchased home.
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert

Part II offers a non-exhaustive list of practical guidance for addressing these issues and reducing those risks.

This decision is already being invoked in a separate D.C. Circuit challenge to EPA’s 2024 PFAS drinking water rule promulgated under the Safe Drinking Water Act (SDWA).

Alexander Hopkins recently authored an Expert Analysis for Law360 examining a recent Wisconsin Supreme Court decision addressing coverage for water damage arising from alleged construction defects.
Mr. Hopkins may be contacted at alexander.hopkins@sdvfenchurch.us
Reprinted courtesy of Alexander G. Hopkins, SDV Fenchurch

For more than a decade, Ms. Martin has litigated matters in the fields of criminal defense, first-party property, and insurance disputes, taking cases and claims from inception through jury trial.
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
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Mr. Katz noted that these zeroes "appear to be piling up" as private equity firms and third-party litigation funding groups have come to increasingly view lawsuits as a revenue stream.
Reprinted courtesy of Lewis Brisbois
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“Lawyer of the Year” recognition is awarded to individual lawyers with the highest overall peer-feedback for a specific practice area and geographic region.
Reprinted courtesy of Snell & Wilmer

The guide provides a comprehensive state-by-state analysis of how electronic execution may affect sureties’ rights under general agreements of indemnity, addressing key issues involving electronic signatures, remote online notarization, and powers of attorney across all 50 states and Puerto Rico.

The Wall Street Journal reported that a criminal hacker group gained control of the pipeline system, which supplies about 45% of refined petroleum products to 14 East Coast states, by compromising one of the company’s virtual private networks.
Mr. Adolphus may be contacted at adolphuse@enr.com
Reprinted courtesy of Emell D. Adolphus, Engineering News-Record

Special counsel Lorelie (Lorie) Masters was recently appointed as the chair of the American Bar Association’s Commission on Women in the Profession.
Reprinted courtesy of Hunton Andrews Kurth LLP

From payment disputes to contract negotiations to legal and regulatory trends, top construction law experts answer industry questions.

The Nordics are Europe's next data center hub, and Google's 13-billion-euro investment in Finland shows why.
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
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Mr. Gottlieb may be contacted at gottliebb@enr.com
Reprinted courtesy of Bryan Gottlieb, Engineering News-Record

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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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