"News and Information for Construction Defect and Claims Professionals"
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, OCTOBER 13, 2026

For Colorado’s owners, developers, general contractors, and subcontractors, the changes warrant careful consideration.
On April 6, 2026, the same day that the Colorado Supreme Court issued its decision in Ralph L. Wadsworth Construction Company, LLC v. Regional Rail Partners, Governor Jared Polis signed Senate Bill 26-074 into law. The legislation, which took effect on August 12, 2026, clarifies the amounts that may be included in mechanic’s liens and public construction payment claims, as well as the circumstances under which those claims may be considered excessive.
While the timing of the Supreme Court’s decision and the Governor’s approval of SB 26-074 is noteworthy, the legislation has implications extending beyond the public works claims addressed in Wadsworth. Most significantly, it expressly addresses disputed and unliquidated amounts, including delay and disruption costs, in mechanic’s liens filed against private construction projects.
Mr. McLain may be contacted at mclain@hhmrlaw.com
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC

Many construction defects cases involve Florida’s Building Code.
Mr. Adelstein may be contacted at dma@kirwinnorris.com
Reprinted courtesy of David Adelstein, Kirwin Norris

A hailstorm struck the insured school buildings causing indentations in the buildings’ metal roofs.
Mr. Jamwal may be contacted at ali.jamwal@sdvfenchurch.us
Reprinted courtesy of Ali Jamwal, SDV Fenchurch

The District Court denied the insurer’s motion to dismiss the additional insured’s claim that the appointment of independent counsel was required.
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert

Dallas Partner Mark Cronenwett recently secured a decision from the Dallas Court of Appeals that vacated a default judgment against his mortgage lender client.
Reprinted courtesy of Lewis Brisbois

The article examines how contractors’ increasing reliance on interconnected technologies and AI can make cyberattacks more sophisticated.
Mr. Volack may be contacted at rvolack@pecklaw.com
Reprinted courtesy of Richard R. Volack, Peckar & Abramson, PC
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


OSHA opens investigation as Miami-Dade records identify Keller North America as soil-improvement contractor.
Mr. Gottlieb may be contacted at gottliebb@enr.com
Reprinted courtesy of Bryan Gottlieb, Engineering News-Record
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The new law adds another cost consideration to routine scheduling decisions on construction projects.

Competition on federal construction projects continues to get tighter due to a recent Federal Acquisition Regulation final rule.
Mr. Altman may be contacted at altman@abc.org

Federal Clean Water Act jurisdiction may be about to get considerably narrower.

Snell & Wilmer is pleased to announce that 21 of the firm’s attorneys have been named 2027 Lawyers of the Year by Best Lawyers®.
Reprinted courtesy of Snell & Wilmer

Humanoid robots are making headlines, but are they ready for deployment on construction sites? Learn what robots can really do today.
Mr. Heiskanen may be contacted at aec-business@aepartners.fi
Reprinted courtesy of Aarni Heiskanen, AEC Business

Construction work on Citadel’s new headquarters in Miami has been paused following an accident on the site last week, the Wall Street Journal reported.
Reprinted courtesy of Giulia Morpurgo, Bloomberg
California Architectural Registration Board Supplemental Examination Commissioner
(800) 482-1822
www.berthowe.com


ENR may be contacted at enr@enr.com
Reprinted courtesy of Greg Aragon, Engineering News-Record


Ms. Pearson may be contacted at rachel.pearson@sdvfenchurch.us
Reprinted courtesy of Rachel S. Pearson, SDV Fenchurch

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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
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(800) 482-1822
www.berthowe.com
