Late Notice Bars Insured’s Claim for Wind Damage
June 29, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe court found that a six-month delay in reporting damage from wind did not comply with the policy’s notice requirements. Touchmark Hotel Group, LLC v. Mt. Hawley Ins. Co., 2026 U.S. Dist. LEXIS 61910 (S.D. N. Y. March 24, 2026).
A storm caused damage to Touchstone’s hotel on January 4, 2023. Touchstone’s corporate representative, Rohit Patel, testified that he was not at the property on the day of the storm. In a telephone call the next day, the manager of the property reported to Patel that he observed detached shingles from the roof the hotel in the parking lot. Patel testified that he did not file a claim at that time because Touchmark’s employees did not detect any water leakage in the building and because he did not believe that the cost of the damage from the storm would exceed the policy’s deductible.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
The Goal Is the Repair, Not the Lawsuit: What Colorado HOA Boards Should Consider Before Suing a Builder
September 08, 2026 —
Gail Gudder - Colorado Construction Litigation BlogFourteen years ago, we cautioned Colorado homeowners associations against a “ready, fire, aim” approach to construction-defect litigation. In
The Hidden Dangers of Construction Defect Litigation, we suggested a fairly simple proposition: when legitimate construction defects exist, the goal should be to get them repaired. Litigation should be a last resort, not an end in itself.
Much has changed in Colorado construction-defect law since then. But a recent Douglas County case, and significant amendments to the Colorado Common Interest Ownership Act (“CCIOA”) enacted in 2025, provide good reasons for HOA board members and owners to revisit that basic premise.
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Gail Gudder, Higgins, Hopkins, McLain & Roswell, LLCMs. Gudder may be contacted at
gudder@hhmrlaw.com
GRSM Team Obtains Defense Verdict for Homeowners’ Association in Orange County Superior Court
July 20, 2026 —
Gordon Rees Scully MansukhaniA Gordon Rees Scully Mansukhani multi-state team, including Partners Christine Barker, Sean Ferron, and Keith Cramer, obtained a defense verdict on behalf of a homeowners’ association (HOA) in an Orange County Superior Court bench trial spanning two months.
The case began in 2022 when a homeowner sued after the Architectural Review Committee and HOA Board of Directors declined his teardown-and-rebuild plans due to view and aesthetic concerns. After a motion for summary judgment ruling in which the court found that the existing covenants, conditions, and restrictions (CC&Rs) did not protect views, the HOA held a special election to add explicit view protections to the CC&Rs. At the February 2025 trial call, the plaintiff sought leave to file a third amended complaint challenging the validity of that vote, drastically reframing the case from CC&R enforcement to one of election validity. A second plaintiff then filed a parallel action toward the end of the limitations period, and the two cases were consolidated.
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Gordon Rees Scully Mansukhani
Wilke Fleury is proud to congratulate attorneys recognized in the 2027 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America.
September 15, 2026 —
Wilke FleuryThe Best Lawyers in America®:
Dan Egan,
Daniel Foster,
David Frenznick, and
George Guthrie.
Best Lawyers: Ones to Watch® in America:
Islam M. Ahmad,
Kathryne Baldwin,
Melissa Eaton,
Jason Eldred, and
Mustafa Karim.
Congratulations to this outstanding group!
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Wilke Fleury
LA Scores Major Victory in a High-Exposure Premises Liability Action
July 06, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPOur firm is proud to announce a decisive defense victory obtained by Partner
Daniel Crespo and Associate
Lauren Landau for our client in a high-exposure premises liability action arising from a 2022 incident at an active school construction site in Perris, California. On March 10, 2026, the Riverside County Superior Court granted Summary Judgment in full for our client, dismissing all claims brought by Plaintiff, who alleged she tripped and fell over a curb while picking up her daughter from school and sustained ankle and wrist injuries as a result.
Through meticulous preparation and the strategic use of construction plans, contractual documents, and onsite surveillance video evidence, our team demonstrated that our client had no ownership, possession, or control over the portion of the existing sidewalk where the incident occurred, with construction plans unambiguously designating the area as pre-existing concrete outside our client’s scope of work, and the Construction Services Agreement expressly reserving control over all existing site improvements to the school district.
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Bremer Whyte Brown & O'Meara LLP
Ahlers Cressman & Sleight leads in recognized Construction Litigation Attorneys
September 01, 2026 —
Ahlers Cressman & Sleight PLLCAhlers Cressman & Sleight is pleased to announce its leading recognition in the 2026 Washington Super Lawyers magazine. With ten members named, ACS has more recognized Construction Litigation attorneys than any other firm on the 2026 Washington Super Lawyers list, compared to three at the next closest firm. Two ACS members were also recognized on the 2026 Washington Rising Stars list.
Super Lawyers selects these recognized lawyers by using a patented multiphase selection process. First, lawyers enter the candidate pool by being nominated by their peers or by being identified by managing partner surveys, third-party feedback, or the Super Lawyersresearch team. Next, Super Lawyersconducts an independently researched evaluation using twelve indicators of professional achievement and peer recognition: verdicts/settlements, transactions, representative clients, experience, honors/awards, special licenses/certifications, position within a law firm, bar and/or professional activity, pro bono and community service, scholarly lectures/writings, education/employment background, and other outstanding achievements. Then, candidates with the highest point totals serve on a Blue Ribbon panel, evaluating other candidates within their primary practice area. Finally, only 5% of attorneys are selected for the Super Lawyers list, and 2.5% of attorneys are selected for the Rising Stars list. More information about the Super Lawyers Selection Process can be found
here.
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Ahlers Cressman & Sleight PLLC
Four Kahana Feld Attorneys Selected to 2027 Southern California Super Lawyers® and Rising Stars Lists
August 16, 2026 —
Kahana FeldIRVINE, CA – Aug. 3, 2026 – Kahana Feld is pleased to announce that partners
Jason Feld,
Amir Kahana, and
Sharon Oh-Kubisch were selected to the 2027 Southern California Super Lawyers list, and attorney
Hannah Ellenhorn Bloom was selected to the 2027 Southern California Super Lawyers Rising Stars list.
Jason Feld was recognized in the area of Construction Litigation. He is a founding partner of Kahana Feld and focuses his practice on the defense of homebuilders, contractors, developers, and real estate professionals primarily in construction defect, general liability, insurance defense, construction accident, and real estate matters. He also represents government entities handling construction, premises liability, general liability, and environmental claims. He serves as panel counsel for many prominent insurance carriers, as well as personal counsel to several national and regional homebuilders, developers, and general contractors.
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Kahana Feld
Colorado Legislature Considers Series of Bills Aimed at Boosting Affordable Housing Construction in Colorado — What Homebuilders Need to Know
April 08, 2026 —
Amanda E. McKinlay - Snell & WilmerWhat Prevents Innovation in Construction from Taking OffDo Construction Contracts and Fraud Mix After All?Insurer’s Broad Duty to Defend in Oregon, and the Recent Ruling in State of Oregon v. Pacific Indemnity CompanyMeet the Forum's In-House Counsel: KATE GOLDENBuilding 47 Bridges in Two YearsFraudster Sells 24-Bedroom ‘King’s Speech’ London MansionOfficial Tried to Influence Judge against Shortchanged SubcontractorHuh? Action on Construction Lien “Relates Back” Despite Notice of Contest of LienLump Sum Subcontract? Perhaps Not.Designing the Process to Deliver Zero-Carbon Construction – Computational Design in PracticeWisconsin High Court Rejects Insurer’s Misuse of “Other Insurance” ProvisionNew York Labor Laws and Action Over ExclusionsWine without Cheese? (Why a construction contract needs an order of precedence clause)(Law Note)The (Jurisdictional) Rebranding of The CDA’s Sum Certain RequirementSan Francisco International Airport Reaches New Heights in Sustainable Project Delivery"Abrupt Falling Down of Building or Part of Building" as Definition of Collapse Found AmbiguousArizona Court of Appeals Decision in $8.475 Million Construction Defect Class Action SuitEngineer Pauses Fix of 'Sinking' Millennium Tower in San FranciscoSlump in U.S. Housing Starts Led by Multifamily: EconomyCalifornia Appellate Court Holds “Minimal Causal Connection” Satisfies Causation Requirement in All Risk PoliciesEnhanced Geothermal Energy Could Be the Next Zero-Carbon HeroNYC Rail Tunnel Cost Jumps and Construction Start Pushed BackNot so Fast! How Does Revoking Acceleration of a Note Impact the Statute of Limitations?Damages to Property That is Not the Insured's Work Product Are CoveredTerminator’s Trench Rehab Drives L.A. Land Prices CrazyBP Is Not an Additional Insured Under Transocean's PolicyMotion for Reconsideration Challenging Appraisal Determining Cause of Loss DeniedCalifornia MCLE Seminar at BHA Sacramento July 11th3D Printing: A New Era in Concrete ConstructionWhere Breach of Contract and Tortious Interference CollideOne World Trade Center Due to Be America’s Tallest and World’s PriciestDisputes Will Not Be Subject to Arbitration Provision If There Is No “Significant Relationship”Real Estate & Construction News Roundup (2/21/24) – Fed Chair Predicts More Small Bank Closures, Shopping Center Vacancies Hit 15-year Low, and Proptech Sees Mixed ResultsGeorgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned OpinionGodfather Charged with Insurance FraudThe Requirement to Post Collateral Under General Agreement of Indemnity Is RealProtecting Expert Opinions: Lessons Regarding Attorney-Client Privilege and Expert Retention in Construction LitigationWhat You Need to Know to Protect the Project Against Defect ClaimsReal Estate & Construction News Roundup (12/4/24) – Highest Rate of Office Conversions, Lending Caps for Fannie Mae and Freddie Mac and Affordability Challenges for HomebuyersNew Zealand Using Plywood Banned ElsewhereNevada Court Adopts Efficient Proximate Cause DoctrineCongratulations to BWB&O’s 2023 Super Lawyers Rising Stars!Strict Liability or Negligence? The Proper Legal Standard for Inverse Condemnation caused by Water Damage to PropertyAnother Reminder that Your Construction Contract Language MattersADA Compliance Checklist For Your BusinessUK Construction Defect Suit Lost over One WordThe EPA and the Corps of Engineers Propose Another Revised Definition of “Waters of the United States”Homebuilders Offer Hope for U.K. EconomyHong Kong Property Tycoon Makes $533 Million Bet on SolarDelaware District Court Finds CGL Insurer Owes Condo Builder a Duty to Defend Faulty Workmanship Claims — Based on the Subcontractor Exception to the Your Work ExclusionSubcontractor Strength Will Drive Industry’s Ability to Meet Demand, Overcome ChallengesLiquidating Agreements—Bridging the Privity Gap for SubcontractorsType I Differing Site Conditions Claim is Not Easy to ProveReport: 2023 NYC Crane Fire and Collapse Caused by Failed Hydraulic HoseTrump Administration Directs Agencies to Use PLAs for Large Projects, With ExceptionsIndustrialized Construction News 7/2022New NEPA Rule Restores Added Infrastructure Project ScrutinyMediation in the Zero Sum World of ConstructionThe Multigenerational Housing TrendThe Sensible Resurgence of the Multigenerational HomeHigh Court Could Alter Point-Source Discharge Definition in Taking Clean-Water CaseWhat if the "Your Work" Exclusion is Inapplicable? ISO Classification and Construction Defect Claims.
