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

Georgia Supreme Court Addresses Anti-Indemnity Statute

October 21, 2019 — David R. Cook - AHC Construction and Procurement Blog

In prior blog posts, we addressed Georgia’s anti-indemnity statute. One of the posts addressed the statute in the context of an electric utility easement near an airport. That case made its way to the Supreme Court Georgia, which provided some...

Reprinted courtesy of David R. Cook, Autry, Hall & Cook, LLP

Mr. Cook may be contacted at cook@ahclaw.com

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CDJ Archives

Defining Constructive Acceleration

March 22, 2021 — David Adelstein - Florida Construction Legal Updates

When it comes to the definition of “constructive acceleration,” the case of Fraser Const. Co. v. U.S., 384 F.3d 1354 (Fed.Cir. 2004) is a cited case and contains an instructive definition, quoted below, for proving a constructive acceleration...

Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.

Mr. Adelstein may be contacted at dma@kirwinnorris.com

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CDJ Archives

The Almost-Collapse of a Sarasota, Florida Condo Building

July 11, 2021 — Beverley BevenFlorez – CDJ Staff

Five years ago, residents of the Dolphin Tower in Sarasota, Florida were forced to evacuate after cracks appeared in their fourth-floor condominium units.

“My assistant calls me and says, ‘[Kris] thinks the building is falling down,’”...

Reprinted courtesy of

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CDJ Archives

United States Supreme Court Upholds Class Action Waivers in Arbitration Agreements

May 24, 2018 — Amy R. Patton, Jason I. Bluver, & Jeffrey K. Brown - Payne & Fears LLP

On May 21, 2018, the United States Supreme Court held, in a 5-4 decision, that arbitration agreements which mandate individualized resolution of claims (as opposed to class or collective resolution) are enforceable under the Federal Arbitration...

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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

Good-To-Know Points Regarding (I) Miller Act Payment Bonds And (Ii) Payment Bond Surety Compelling Arbitration

December 22, 2019 — David Adelstein - Florida Construction Legal Updates

Every now and then I come across an opinion that addresses good-to-know legal issues as a corollary of strategic litigation decisions that are questionable and/or creative. An opinion out of the United States District Court of New Mexico, Rock...

Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.

Mr. Adelstein may be contacted at dma@kirwinnorris.com

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