CONSTRUCTION DEFECT JOURNAL
"News and Information for Construction Defect and Claims Professionals"
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - SUNDAY, MARCH 29, 2026
Each party claimed the contract was unambiguous when construed in context.
Contract Interpretation – Determining What the Contract Requires
March 24, 2026
David Adelstein - Florida Construction Legal Updates
A good ole dispute on contract interpretation in government contracting. Contract interpretation disputes happen all the time in every jurisdiction under the sun. Think about that. Now, what’s the best way to avoid a contract interpretation dispute? Naturally, invest in the contract language and fully understand the scope of work. Make all of this clear. But, of course, this isn’t foolproof meaning you could still be doing this and you could still find yourself in a contract interpretation dispute. Although, if you are doing this, and being proactive, the contract interpretation disputes should be minimal and more streamlined.
In Liberty Technical Services, LLC v. Department of Veterans Affairs, CBCA 8385, 2026 WL 407656 (CBCA 2026), the dispute centered on whether the government owed the contractor for certain, necessary equipment (largely controllers, but also tanks and pumps) not specified in the contract. The government countered that this should be a non-issue because the contractor always acknowledged it was responsible for furnishing the unspecified, necessary equipment, and the contractor did actually provide the equipment without direction from the government. Each party claimed the contract was unambiguous when construed in context.
Mr. Adelstein may be contacted at dma@kirwinnorris.com
Reprinted courtesy of David Adelstein, Kirwin Norris
CDJ NEWS THIS WEEK
The resulting leak lasted for nearly six days and released enough water to saturate and ruin all the subflooring and flooring in the insureds’ home.
Ninth Circuit Affirms District Court’s Finding of No Coverage for Interior Leak
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
This article examines how owner occupancy prior to substantial completion can complicate project closeout and highlights key contract provisions that can help mitigate these risks.
Moving in Before Substantial Completion? The Risks of Early Owner Occupancy
Ms. Koby may be contacted at skoby@joneswalker.com
Reprinted courtesy of Sydney Koby, Jones Walker
The bill aims to curb misuse of the lien process and provide additional remedies to those challenging a frivolous lien filing.
Georgia HB 676: A Bill Property Owners and Contractors Should Watch
Mr. Lafayette may be contacted at rlafayette@seyfarth.com
Reprinted courtesy of Robert Lafayette, Seyfarth Shaw LLP
Both owners and contractors engaged in private works construction should ensure their teams are aware of this new law and be prepared to comply with its procedures.
California Enacts Change Order Fair Payment Act
Mr. Baker may be contacted at mjbaker@swlaw.com
Reprinted courtesy of Michael J. Baker, Snell & Wilmer
USIC failed to mark a certain gas line, which was later struck by a boring company, leading to an explosion that injured three people.
The Seventh Circuit Rejects Navigators Insurance Company’s Attempt to Escape Additional Insured Coverage For a Gas Explosion
Testifying Construction and Building Industry Standard of Care Expert Witness
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In Pillsbury's latest roundup, lodging demand for World Cup brings growth, commercial property management firms use of AI becomes firmer, construction industry shows slow start to the year, and more.
Real Estate & Construction News Roundup (3/11/25) – An AI Inflection Point for Hotels, Investor Pivot in Build-to-Rent and Looming Legislation for Single-Family Investors
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team
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This annual guide recognizes more than 270 of the region's leading attorneys.
Traub Lieberman Attorneys Recognized in Hudson Valley Magazine’s 2026 Top Lawyers List
As modular construction continues to reshape the industrial landscape, contractors and owners alike must be mindful of the legal implications associated with its use.
Modular Construction’s Big Boom: New Risks Outpacing Standard Contracts in Industrial Projects
The plaintiffs argued that the landscape vegetation was too tall and violated the sight lines of the two drivers, and that the height of the shrubbery violated the owner’s landscaping contract and a local sight line ordinance.
Tampa Team Obtains Highly Favorable Verdict for Property Owner Client in Lawsuit over Traffic Accident
Reprinted courtesy of Lewis Brisbois
The National Association of Home Builders opposes a specific provision in a section of the legislation that would curtail Wall Street’s footprint in the housing market.
Builders Oppose Senate Housing Bill Over Investor Ban Provision
Reprinted courtesy of Katy O'Donnell, Bloomberg
One of the main challenges is the large number of tools used throughout the AECO ecosystem.
The Single Source of Truth in Construction Projects: Reality or Myth?
Mr. Heiskanen may be contacted at aec-business@aepartners.fi
Reprinted courtesy of Aarni Heiskanen, AEC Business
"No straight lines or sharp corners exist in nature. Therefore, buildings should have no straight lines or sharp curves." - Antoni Gaudí, Sagrada Familia Architect
Spain’s Sagrada Familia: Contemporary Construction Methods Speed Iconic Basilica to Completion
Ms. McFarland may be contacted at mcfarlandp@enr.com
Reprinted courtesy of Pam McFarland, Engineering News-Record
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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30-Year Mortgage Rate Falls Below 6% For First Time Since 2022
Reprinted courtesy of Prashant Gopal, Bloomberg
Repricing Risk: How Inflation and Tariffs Are Reshaping Construction Insurance
ABA’s Forum on Construction Law 2026 Annual Conference
US Mortgage Rates Fall to Lowest Level in More Than Three Years
Reprinted courtesy of Prashant Gopal, Bloomberg
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130 People Displaced Due To Structural Issues at South Bay Condo Complex
CDJ Video ChannelGov. Green, Officials Provide Updates on Severe Flooding Across Oahu | Full Press Conference
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