Robert J. Symon and Owen E. Salyers | BuildSmart Historically, the Boards of Contract Appeals and Courts have reviewed design-builders’ reliance on government-provided conceptual drawings or bridging documents in support of constructive change claims under a reasonableness standard (see M. A. Mortensen Company, ASBCA No. 39978, 93-3 BCA ¶ 26,189). However, in two recent cases, the Spearin doctrine… Continue reading Bidders Beware! Design-Builders Are at Risk Not Only for Defective Design Documents, But Possibly for Defective Bidding Documents, Too
Category: Construction Defects
Colorado’s New Construction Bill: What Developers Need to Know
Christopher Yost | Adams & Reese On May 12, 2025, Governor Jared Polis signed HOUSE BILL 25-1272, a significant piece of legislation aimed at reforming the construction defect process, particularly for middle market housing (multifamily, attached housing of two or more units), to promote the construction of affordable homes in Colorado. This bill introduces several changes… Continue reading Colorado’s New Construction Bill: What Developers Need to Know
Oregon Supreme Court Expands CGL Coverage for Construction Defects: Twigg v. Admiral Insurance Company
Seth Row and Cameron Zangenehzadeh | Stoel Rives Background: A Repair Gone Wrong and a Coverage Dispute Businesses and homeowners in Oregon often assume their insurance will cover a contractor’s faulty work. That assumption was put to the test in Twigg v. Admiral Insurance Co., 373 Or. 475 (2025), an Oregon Supreme Court decision with big implications… Continue reading Oregon Supreme Court Expands CGL Coverage for Construction Defects: Twigg v. Admiral Insurance Company
Adapting to Change: New Rules of Civil Procedure Require New Considerations for Construction Attorneys
Michael R. Holt, Erin Weinstock and Katherine Becerra | Rumberger Kirk On Jan. 1, 2025, the Florida Rules of Civil Procedure changed dramatically. The new rules and amendments are designed to enhance efficiency and impact the setting of cases for trial, case management, discovery practice, summary judgment, and more. Broadly speaking, the new rules attempt… Continue reading Adapting to Change: New Rules of Civil Procedure Require New Considerations for Construction Attorneys
Coverage for Defective Workmanship Not Restored by Ensuing Loss Provision
Paul Ferland and Joshua Tumen | Property Insurance Law Observer In Bob Robison Commercial Flooring Inc. v. RLI Insurance Company (2025 WL 852889 (8th Cir. 2025), the United States Court of Appeals for the Eighth Circuit determined that an ensuing loss provision of a builder’s risk insurance policy did not restore coverage resulting from defective workmanship where… Continue reading Coverage for Defective Workmanship Not Restored by Ensuing Loss Provision