Construction Defect Journal Archives

The CDJ Archives, hosted by the Construction Defect Journal, are a comprehensive repository of over 10,000 articles, meticulously curated to serve professionals in the construction defect and claims industry. This extensive collection includes valuable insights for construction risk managers, legal professionals, and other stakeholders involved in construction litigation and defect management. The articles cover a broad spectrum of topics, from legal precedents and case studies to industry trends and technical analyses, making the CDJ Archives an indispensable resource for staying informed and making well-founded decisions in the field.

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CDJ Archives

Climate Change a Factor in 'Unprecedented' South Asia Floods

July 18, 2022 — The Associated Press (Aniruddha Ghosal & Al-Emrun Garjon) - Bloomberg

Sylhet, Bangladesh (AP) -- Scientists say climate change is a factor behind the erratic and early rains that triggered unprecedented floods in Bangladesh and northeastern India, killing dozens and making lives miserable for millions of others....

Reprinted courtesy of Bloomberg

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CDJ Archives

Construction Contractors Must Understand Retainage In 2021

May 24, 2021 — Ed Williams - Construction Executive

Retainage has become a vital part of the contracting and construction process. If defined precisely, retainage is a practice of withholding a particular percentage of the payment until the project is delivered.

However, the practice can...

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CDJ Archives

California Supreme Court Rights the “Occurrence” Ship: Unintended Harm Resulting from Intentional Conduct Triggers Coverage Under Liability Insurance Policy

June 13, 2018 — Scott S. Thomas - Payne & Fears Legal Alert

SUMMARY

In a ruling that bodes well for policyholders, the California Supreme Court provides much-needed clarity on the question of when a so-called "intentional act" may give rise to insurance coverage under a liability...

Reprinted courtesy of Scott S. Thomas, Payne & Fears

Mr. Thomas may be contacted at sst@paynefears.com

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CDJ Archives

Lay Testimony Sufficient to Prove Diminution in Value

September 25, 2018 — Tred R. Eyerly - Insurance Law Hawaii

The trial court erred in excluding lay testimony on diminution of value of the insured's property and by requiring expert testimony. Woodrum v. Georgia Farm Bureau Mut. Ins. Co., 2018 Ga. App. LEXIS 429 (Ga. Ct. App. June 27, 2018).

During...

Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert

Mr. Eyerly may be contacted at te@hawaiilawyer.com

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CDJ Archives

Resulting Loss From Faulty Workmanship Covered

May 20, 2024 — Tred R. Eyerly - Insurance Law Hawaii

The Washington Supreme Court found there was coverage for resulting loss despite the original faulty contraction, an exclusion in the policy. Gardens Condominium v. Farmers Ins. Exchange, 544 P.3d 499 (Wash. 2024).

Farmers issued a policy...

Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert

Mr. Eyerly may be contacted at te@hawaiilawyer.com

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CDJ Archives

Judge Gives Cintra Bid Protest of $9B Md. P3 Project Award New Life

March 21, 2022 — Jim Parsons - Engineering News-Record

The Maryland Dept. of Transportation will have to reconsider a protest lodged by the losing bidder for the initial phase of its $9-billion Express Lanes project, according to a Feb. 17 state circuit court judge's ruing. The decision likely stalls...

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