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

Additional Insureds Owed a Defense in Underlying Personal Injury Suit

March 3, 2026 — Tred R. Eyerly - Insurance Law Hawaii

The court granted partial summary judgment on the duty to defend to two additional insureds who were named as defendants in the underlying personal injury suit. In re Third St. Equity, LLC, 2025 U.S. Dist. LEXIS 234909 (E.D. N. Y. Dec. 2, 2025...

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

Montana Supreme Court Tackles Decade-Old Coverage Dispute Concerning Asbestos Mineworker Claims

December 20, 2021 — Patricia B. Santelle & Paul A. Briganti - White and Williams

On November 23, 2021, the Montana Supreme Court issued an almost unanimous decision in National Indemnity Company v. State of Montana, a ten-year-old coverage dispute arising from claims against the State of Montana alleging it had failed to warn...

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CDJ Archives

One More Thing Moving From California to Texas: Wildfire Risk

June 19, 2023 — Patrick Sisson - Bloomberg

In early January, Keith Elwell was doing one of the things he does best, swinging chainsaws to help save forests from wildfire. Amid groves of junipers and white oak trees, Elwell led a team of a half-dozen volunteers, clearing brush and dead...

Reprinted courtesy of Patrick Sisson, Bloomberg

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CDJ Archives

Keeping Detailed Records: The Best Defense to Constructive Eviction

October 24, 2023 — Ben T. Welch & Ken Brown - Snell & Wilmer

Inevitably, commercial property owners and managers will be faced with a claim by a tenant of constructive eviction. This article is intended to describe what constructive eviction is and to suggest what owners and managers can do to prepare for...

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CDJ Archives

From Waste to Wealth: Texas Supreme Court Ruling in Cactus Water Defines Produced Water Ownership, Sets Stage for Clarity on Critical Mineral Markets in Texas

July 15, 2025 — Ashleigh Myers, Robert A. James & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law Blog

On June 27, 2025, the Texas Supreme Court issued its long-awaited decision in Cactus Water Services, LLC v. COG Operating, LLC, No. 23-0676, resolving a high-stakes dispute over the ownership of produced water--a vexing byproduct of oil and gas...

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CDJ Archives

California Enacts Change Order Fair Payment Act

March 24, 2026 — Michael J. Baker - Snell & Wilmer

For private works construction contracts entered on or after January 1, 2026, recent legislation establishes a claims and dispute resolution process for change orders. The law is codified at Civil Code § 8850. A synopsis of the pertinent...

Reprinted courtesy of Michael J. Baker, Snell & Wilmer

Mr. Baker may be contacted at mjbaker@swlaw.com

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