The Leak Was Repaired. Why Is It Back? What California HOA Boards Should Document Next
November 09, 2026 —
The Naumann Law Firm, PCA 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:
- Was the leak reported in the same location before?
- What did the contractor identify as the cause?
- What work was completed, and when?
- Did the repair address the source of the water or only the visible damage?
- Have other units or common areas experienced similar symptoms?
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.
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The Naumann Law Firm, PC
$356 Million Judgement Against Developer for Defective Construction of DC Condominium
August 16, 2026 —
Nicholas D. Cowie - Cowie Law GroupOn July 31, 2026, the Superior Court of the District of Columbia entered a $356,085,513.00 judgment against developers JBG Smith for defective construction and renovation of the Wardman Tower Residential Condominium in Washington, D.C. The case is Wardman Tower Residential Condominium Unit Owners Association v. JBG Smith Properties, et al., No. 2020 CA 004807 B (D.C. Super. Ct.). In a 148-page
Trial Order, the D.C. Superior Court awarded $118,695,171.00 in damages in favor of the condominium association and against the condominium developers, including JBG Smith. The Court trebled those damages pursuant to the District of Columbia Consumer Protection Procedures Act (“CPPA”) to reach an ultimate judgment of $356,085,513.00. See Cowie Law Group:
DC Condominium Construction Defects: Recovering Attorney’s Fees, Litigation Expenses & Treble Damages Under the Consumer Protection Procedures Act.
Cowie Law Group, P.C. filed the lawsuit on behalf of the Association in 2020. The firm represented the Association throughout years of pretrial discovery and ultimately served as trial counsel with Williams & Connolly LLP during a lengthy bench trial before the Honorable Yvonne Williams. The Cowie Law Group team included attorneys, George A. Bealefeld, III, Albert G. McCarraher, Stanford L. Kimmel, III and Nicholas D. Cowie.
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Nicholas D. Cowie, Cowie Law GroupMr. Cowie may be contacted at
ndc@cowielawgroup.com
Building More Than a Ramp: HHMR and the Home Builders Foundation
September 15, 2026 —
Colorado Construction Litigation BlogLast Friday, four members of the Higgins, Hopkins, McLain & Roswell team traded briefs, depositions, and construction litigation files for lumber, drills, and a day on a jobsite.
HHMR attorneys Ricky Nolen, Amanda Tynan, Kyle Thompson, and Tanner Davis participated in the
Home Builders Foundation’s 2026
Blitz Build, helping construct an accessibility ramp for Andrea, a Denver-area resident whose mobility challenges had made something most of us take for granted extraordinarily difficult: leaving her own home independently.
The day after the build, the volunteers received an e-mail from HBF’s Terrina Reiber with an unusual request: set an alarm for 10:00 the next morning.
At 10:00 on a Saturday, she explained, they might be running errands, meeting a friend, or simply deciding what to do with the day.
When the alarm went off, she asked them to think about Andrea.
Because Andrea could now make that same choice.
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Higgins, Hopkins, McLain & Roswell
Court Finds Potential Conflicts In Denying Insurer’s Motion to Dismiss Claim for Independent Counsel
October 12, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe District Court denied the insurer’s motion to dismiss the additional insured’s claim that the appointment of independent counsel was required. S. Cal. Edison Co. v. Travelers Prop. Cas. Co of Am., 2025 U.S. DIst. LEXIS 148495 (C.D Calif. July 15, 2025).
Southern California Edison Company (SCE) entered a Master Services Agreement with its contractor, SASCO whereby SASCO agreed to provide services concerning electrical pole repair and replacement. SASCO was required to obtain primary and excess general liability policies and to name SCE as an additional insured. SASCO obtained such policies from Travelers, naming SCE as an additional insured. The policies limited coverage for SCE to covered damages arising from SASCO’s work.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
White and Williams LLP Secures a Clean Sweep Dismissal of Architect's Professional Liability Coverage Lawsuit
August 16, 2026 —
Daniel E. Bryer & Brendaliz Minaya Ruiz - White and Williams LLPWhite and Williams LLP achieved a complete dismissal of professional liability coverage claims through a strategic defense led by Insurance Coverage and Bad Faith Practice Group attorneys Daniel E. Bryer, Partner and Brendaliz Minaya Ruiz, Associate.
In a nuanced action styled, Vincent Cusumano Architect P.C., et al. v. Berkshire Hathaway Direct Insurance Company, et al., decided in the U.S. District Court for the District of New Jersey, plaintiffs asserted twelve pre-contractual and contractual-based causes of action against their liability insurer, Berkshire Hathaway Direct Insurance Company, and its insurance agent (collectively, “Defendants”) for denying a professional liability claim arising from plaintiffs’ prior work.
Reprinted courtesy of
Daniel E. Bryer, White and Williams LLP and
Brendaliz Minaya Ruiz, White and Williams LLP
Mr. Bryer may be contacted at bryerd@whiteandwilliams.com
Ms. Ruiz may be contacted at minayaruizb@whiteandwilliams.com
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Nicole Whyte is the Newly Elected Secretary of the Orange County Bar Association
September 28, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLP“I am deeply honored to serve as Secretary of the Orange County Bar Association. To everyone who supported me, endorsed me, encouraged me, shared my message, and cast a ballot, thank you.
I am profoundly grateful for your trust and confidence. Thank you from the bottom of my heart. I am ready to get to work.” – Nicole Whyte
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Bremer Whyte Brown & O'Meara LLP
From CERCLA to Drinking Water: D.C. Circuit’s PFAS Ruling Enters a Second Regulatory Fight
October 06, 2026 —
Ashleigh K. Myers, Amanda G. Halter & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law BlogOn August 18, 2026, a unanimous panel of the U.S. Court of Appeals for the D.C. Circuit
upheld EPA’s designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). In Chamber of Commerce of the United States v. EPA, the court rejected challenges to EPA’s interpretation of CERCLA Section 102(a), the adequacy of its notice and comment process, its analysis of costs and benefits, and its decision to proceed despite uncertainty about future response actions and costs.
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). Six days after the CERCLA decision, respondent intervenors cited it as supplemental authority in American Water Works Association v. EPA, No. 24-1188, ahead of oral argument scheduled for
September 18, 2026. The Chamber of Commerce decision may assist the respondent intervenors on certain notice and comment and economic analysis arguments, but its significance should not be overstated. The principal challenges to the standards for the four PFAS subject to EPA’s Hazard Index-based maximum contaminant level (MCL) turn on requirements specific to the SDWA, and EPA itself now agrees that those provisions were promulgated through an unlawful process.
Reprinted courtesy of
Ashleigh K. Myers, Pillsbury,
Amanda G. Halter, Pillsbury and
Jillian Marullo, Pillsbury
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Halter may be contacted at amanda.halter@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
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Two Snell & Wilmer Attorneys Selected as 2026 San Diego Super Lawyers Rising Stars
May 14, 2026 —
Snell & WilmerSAN DIEGO – Snell & Wilmer is pleased to announce that two attorneys in the San Diego office have been selected for inclusion in the
2026 San Diego Super Lawyers Rising Stars publication.
Rising Stars is a listing of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. To be eligible for inclusion, a candidate must be either 40 years old or younger or in practice for 10 years or less. The selection process is multi-phased and includes independent research and peer nominations, with no more than 2.5 percent of the lawyers in the state named to the Rising Stars list.
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Snell & Wilmer