Suffolk and MassDOT Texts Played Role in State Contract Rebid Controversy
November 18, 2025 —
Richard Korman - Engineering News-RecordTwo of the controversial text messages were sent on Dec. 10.
John Fish, CEO of Suffolk Construction Co., sent one early to Scott Bosworth, chief development officer for the Massachusetts Dept. of Transportation, about a problem with the Oyster Harbors Bridge near the Oyster Harbors Club on Cape Cod.
Read the full story...Reprinted courtesy of
Richard Korman, Engineering News-RecordMr. Korman may be contacted at
kormanr@enr.com
White House Explores Opening Antitrust Probe on Homebuilders
February 10, 2026 —
Patrick Clark & Leah Nylen - BloombergTrump administration officials are exploring opening an antitrust investigation into US homebuilders as the White House sharpens its focus on tackling the country’s housing affordability crisis.
The Department of Justice could open the probe in the coming weeks, according to people familiar with the discussions. No decision has been made and the administration may abandon the effort without launching an investigation, the people said, asking not to be identified discussing non-public information.
Reprinted courtesy of
Patrick Clark, Bloomberg and
Leah Nylen, Bloomberg Read the full story...
Insured Successfully Moves to Dismiss Insurer’s Suit to Eliminate Duty to Defend
January 06, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe court found that the insurer had a duty to defend and dismissed the insurer’s motion for summary judgment. Travelers Indem. Co. of Conn. v. I.C. Refrigeration Services Inc., 2025 U.S. Dist. LEXIS 221768 (N.D. Cal. Nov. 10, 2025).
Flory Construction, Inc. sued the project owner, Highbridge, asserting claims for (1) foreclosure on mechanics liens; (2) breach of contract; and other cliams. Flory agreed to furnish labor, materials and equipment for improvements to Highbridge’s properties. Flory alleges Highbridge failed to provide payment despite Flory completing “all requested contract work . . . except to the extent prevented by Highbridge.”
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Homeowners Associations Must Prepare for Cold Season Maintenance and Repairs in Western Washington
November 21, 2025 —
Andre Egle - VF LawWashington experiences major winter storms in the Greater Puget Sound area approximately two or three times per winter. While this depends on whether the winter weather pattern is affected by either El Niño or the La Niña Pacific Ocean current, associations must prepare for storm impacts rather than scramble after a storm has hit. La Niña conditions are ongoing and are likely to persist into the winter of 2025-2026, though forecasts indicate it will remain weak. Here are some steps Homeowners Associations (HOA) can take to protect themselves.
What Proactive Steps Can a Washington HOA Take to Identify and Minimize Potential Construction or Maintenance Risks Before a Major Storm?
Knowing that the chances for heavier-than-usual rains are in the forecast, a local HOA should inspect roofs, gutters, building envelopes, and drainage systems to identify vulnerabilities to water intrusion inside the buildings or ice buildup on the outside. Trees, landscaping features, walkways, and retaining walls need to be checked for dangers like dead limbs, tripping hazards, or any signs of shifting structure. Mechanical and utility systems such as plumbing, HVAC, and exterior lighting must be inspected to ensure they have sufficient insulation, protection, and proper operation. Contractors must ensure that all active construction sites are properly secured. They should also have a plan in place to protect materials from storm damage and address any other hazardous conditions.
What Key Questions Should HOA Boards and HOA Property Managers Ask Potential Contractors to Ensure Good Workmanship and Accountability?
The following five core questions capture the essentials of a contractor’s quality, reliability, and accountability: (1) Are you licensed, bonded, insured (inquire into the policy types and the applicable limits), and able to provide references for similar HOA projects? (2) Who will manage the project on-site work (request that person’s CV or work history), and how will you communicate work progress, potential issues, and timelines to the HOA? (3) What materials, methods, and quality-control procedures will you use, and how will you protect the property while performing the work, particularly during the rainy and stormy season? (4) Can you provide a detailed, written scope of work and price estimate, and explain, in writing, your company procedures for handling change orders or unexpected conditions? (5) What warranties do you provide for labor and materials that you will be using, and how do you handle a warranty or “punch-list” issues after the job is complete?
What are Some Insurance Pitfalls HOAs Often Overlook - and How to Avoid Them?
Here are the most common insurance pitfalls that HOAs may overlook, along with proposed solutions for addressing them. Pitfall No.1: Outdated or generic replacement-cost estimates that do not reflect actual construction costs in Washington. Solution: Obtain a professional replacement-cost appraisal every 3–5 years and ensure that the policy includes full replacement cost, not actual cash value. Pitfall No.2: Misunderstanding of the division of responsibility for covered losses between the HOA and individual owners. Solution: Educate the owners that under most an HOA’s contemporary governing documents such as the Declarations Of Conditions, Covenants, and Restrictions (DCCRs) and the Bylaw, the association’s insurance primarily covers repairs not only to the association’s common areas and limited common areas, but also the repairs of structural and other building elements inside each individual units, and then collects from the unit owner a proportional share of the HOA’s insurance premium. That way, the repairs covered by the HOA’s property insurance are uniform, and the HOA - not the unit owner - will deal with the repair contractor and its insurer if the repairs are subpar. Pitfall No. 3: Gaps in Water Damage Coverage. Property and liability insurance policies often exclude slow leaks, sewer backups, and water intrusion - three types of claims that typically are most expensive for an HOA. Solution: To request that the HOA insurance broker add to the policy coverage of (a) a backup of sewer/drain coverage, (b) wind-driven rain, and (c) water intrusion, and (d) sudden pipe failures. Afterward, the HOA should ensure that owners consistently keep the plumbing in their units in good working order. Pitfall No. 4: Failing to Adjust Coverage After Renovations. Specifically, HOAs frequently forget to update insurance after roof replacements, building upgrades, or additions of new amenities. Solution: Notify the HOA’s insurance broker after any major capital project and update insurable values to reflect the improvements. Pitfall No. 5: Not reviewing vendor insurance requirements because contractors may frequently have inadequate coverage or let policies lapse in the middle of a construction or renovation project. Solution: At the time of contracting for the construction or renovation work at the HOA property, (i) request that contractors provide their current Certificates of Insurance (“COI”), additional insured endorsements, and insurance policies Declaration pages that show the limits or coverage, and (ii) re-verify the same insurance facts before the work begins.
What is the Best Practice for Communicating with Residents of a Community Owned by an HOA to Maintain Trust and Transparency During and After a Winter Storm?
First, before a storm, send a simple, fact-based, expectation-setting message outlining what the HOA will do (snow removal plans, inspections, vendor readiness) and what residents should be prepared to do. Utilize multiple channels, including email, text alerts, HOA portal, lobby postings, and social media (if applicable). Second, set realistic expectations about response times because trust is built when residents understand what the HOA can and cannot do. Share with residents: (a) snow/ice vendor schedules; (b) priority areas, e.g., roads, walkways, private drives; (c) any delays due to the severity of the weather, and (d) clear expectations meant to reduce the residents’ frustration. Third, provide regular updates, even if the update is “no change.” Residents want visibility and care, not perfection. Report: (i) storm status; (ii) timing of plow/ice treatment timing, (iii) any emerging hazards (e.g., downed branches, icy walkways), and (vi) instructions for safety or temporary restrictions on moving about the community. Fourth, keep a record of and clarify every step taken to address the storm’s impact, since being transparent helps build trust when residents see that the HOA operates in an organized and responsible manner. After each key action, such as plowing, salting, emergency repairs, and the like, share with residents a brief update stating (a) what was done, (b) when it was complete, (c) the name of the vendor that performed the work, and (d) the dangers that are yet to be addressed. Fifth, within 48 to 72 hours after the storm, call a meeting to conduct a post-event summary to discuss what worked well, what challenges the HOA had to deal with, what repairs or follow-up work will happen, and what improvements will be made to meet the next storm with a higher degree of preparedness. Such a meeting would be one of the strongest ways to build long-term trust in the residents of the community owned by the HOA.
Andre Egle is an attorney at
VF Law. He may be reached at andre.egle@vf-law.com.
Don’t Hire Me! (Principle Is Expensive, and Lawsuits Based on Principle Are Even More Expensive)
February 10, 2026 —
Melissa Dewey Brumback - Construction Law in North CarolinaI spend a lot of time trying to convince my clients to NOT hire me. I’m not crazy—let me explain. Litigation is costly. Very costly. And it is time consuming. Don’t get me wrong—I will go to Court and fight just as hard as you want me to, but I want you to know what you are facing before you go down that road.
Now, obviously, if you are the one that is being sued, you have no choice but to defend yourself and your Firm. But if you are considering suing someone else, think long and hard about it before you pull the trigger. There are ways to reduce cost, time, and risk: for example, pre-suit or early mediation, or agreeing to arbitration in lieu of trial. But I always want my clients to know that real law is not like Law & Order. Things take time. A trial is often a year or more away from when you first file the lawsuit. Make your decisions on not just your heart, but your economic brain as well.
Read the full story...Reprinted courtesy of
Melissa Dewey Brumback, Ragsdale Liggett PLLCMs. Brumback may be contacted at
mbrumback@rl-law.com
If We Want Affordable Housing, Local Governments Must Look in the Mirror
October 27, 2025 —
David McLain - Colorado Construction Litigation BlogIn every discussion about Colorado’s housing affordability crisis, the discussion often focuses on the ill effects of construction defect litigation. While that issue certainly affects the supply of attainable for-sale housing, particularly condominiums and townhomes, it is far from the only factor driving up the cost of housing in the Denver Metro area.
A new study from the Home Builders Association of Metro Denver (HBA),
Development Fee Study: Executive Summary (June 2025), sheds light on another major obstacle to affordability: the staggering fees imposed by local governments before a single shovel of dirt is turned. These costs, often exceeding $60,000 per home, raise the price of new housing and make “attainable” homeownership ever more elusive.
Read the full story...Reprinted courtesy of
David McLain, Higgins, Hopkins, McLain & Roswell, LLCMr. McLain may be contacted at
mclain@hhmrlaw.com
PSA: Be Sure to Document (Even When Time is Short)
April 14, 2026 —
Christopher G. Hill - Construction Law MusingsWritten
change orders are a big deal. Almost all construction contracts (at least
the well drafted ones) require written contracts. Written change orders are even important enough that Virginia law
requires these provisions in residential construction contracts.
Why are they so important? Because they are a “mini-contract” of sorts. They
set the expectations, price, time, and work to be performed; work that was not included in the original price or scope for the project. Without this in writing, there will be no record of what the parties agreed to do. Does this sound familiar? Sound like its own contract? It should.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Insured’s Motion to Compel Production of Underwriting Materials Granted
November 04, 2025 —
Tred R. Eyerly - Insurance Law HawaiiThe Supreme Court of New York granted the insured’s motion to compel the production of underwriting materials related to identifying additional insureds. Church of St. Andrew v. Western World Ins. Co., 2025 N.Y. Misc. LEXIS 7018 (N.Y. Sup. Ct. Aug. 5, 2025).
The Church of St. Andrew (“church”) retained GC Solutions to perform roofing work at its premises. The church required GC Solutions to name it as an additional insured under its general liability policy. GC Solutions provided a Certificate of Insurance naming the church as an additional insured under the policy issued by Western World.
While working on the roof, an employee of GC Solutions fell to his death. A wrongful death action was commenced by the decedent’s estate against the church. The church tendered its defense and indemnification to Western World. Western World disclaimed coverage, asserting that the church did not qualify as an additional insured under the policy.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
