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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The Economic Loss Rule and Tort Claims by Owners against Design Professionals

November 9, 2025 — Stu Richeson - The Dispute Resolver

This blog post looks at the question of when a project owner, who has a contract with the design professional, may assert an action against a design professional in negligence for purely economic losses. Actions against design professional can...

Reprinted courtesy of Stu Richeson, Riess LeMieux

Mr. Richeson may be contacted at sricheson@rllaw.com

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CDJ Archives

Issues of Fact Prevent Insurer's Summary Judgment Motion in Collapse Case

January 17, 2022 — Tred R. Eyerly - Insurance Law Hawaii

The insurer's effort to dismiss the insured's collapse case by motion for summary judgment failed. Bitters v. Nationwide Gen. Ins. Co., 2021 U.S. Dist. LEXIS 228523 (E.D. Pa. Nov. 30, 2021).

The insured alleged that there was a "sudden...

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

Eleventh Circuit Upholds Coverage for Environmental Damage from Sewage, Concluding It is Not a “Pollutant”

May 24, 2018 — Lorelie S. Masters & Alexander D. Russo - Hunton Insurance Recovery Blog

On April 20, 2018, the Eleventh Circuit affirmed an Alabama district court decision finding that an “absolute pollution exclusion” did not bar coverage for environmental property damage and injuries from a sewage leak. Evanston Ins. Co. v. J&...

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CDJ Archives

Georgia HB 676: A Bill Property Owners and Contractors Should Watch

March 24, 2026 — Robert Lafayette - The Construction Seyt

Property owners, contractors, and others dealing with mechanics and materialmen’s liens in Georgia should keep an eye on HB 676, which is currently making its way through...

Reprinted courtesy of Robert Lafayette, Seyfarth Shaw LLP

Mr. Lafayette may be contacted at rlafayette@seyfarth.com

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CDJ Archives

Attorneys' Fees Awarded "Because Of" Property Damage Are Covered by Policy

August 29, 2018 — Tred R. Eyerly - Insurance Law Hawaii

The Ninth Circuit upheld the District Court's decision that the insured Association of Apartment Owners was entitled to coverage for the attorneys' fees incurred [prior post here].Assoc'n of Apartment Owners of the Moorings, Inc. v. Dongbu Ins....

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

A WARNing for Companies

March 13, 2023 — Abby M. Warren & Sapna Jain - Construction Executive

Since last fall, news of layoffs in the technology sector have set off a ripple effect in a variety of other industries. Companies engaging in layoffs must be thoughtful and prepared when it comes to taking such action. While the construction...

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