CONSTRUCTION DEFECT JOURNAL
"News and Information for Construction Defect and Claims Professionals"
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - FRIDAY, JANUARY 9, 2026
The dispute arose after one of six buildings in a complex owned by Maxus caught fire.
Microscopic Soot, Major Win: Policyholder Coverage Expands
January 6, 2026
Scott P. DeVries & Natalie Reed - Hunton Insurance Recovery Blog
In a recent opinion, the 8th Circuit rejected an insurer’s attempt to expand insurer victories in a COVID-19 context to other more traditional claims of property damage. Reaffirming long standing principles, the court held soot and water damage associated with a fire constituted “direct physical loss or damage” under a commercial property insurance policy.
The policyholder, Maxus Metropolitan, sued their insurer, Travelers, which had refused to reimburse Maxus for remediation costs associated with a fire at their building. The dispute arose after one of six buildings in a complex owned by Maxus caught fire. Travelers covered part of the damage for the building that caught fire. However, seven months after the fire, Maxus learned of soot and water damage throughout the other five buildings, some of which were under construction and some that had residents. The commercial property policy Travelers issued to Maxus covered up to $35 million in “direct physical loss…or damage.” Travelers refused to reimburse for the remediation and in response Maxus sued Travelers for breach of contract and vexatious refusal to pay in Missouri.
Reprinted courtesy of Scott P. DeVries, Hunton Andrews Kurth LLP and Natalie Reed, Hunton Andrews Kurth LLP
Mr. DeVries may be contacted at sdevries@hunton.com
Ms. Reed may be contacted at nreed@hunton.com
CDJ NEWS THIS WEEK
In this newsletter, Snell & Wilmer explores a variety of topics related to current construction trends and legal news that may be relevant and helpful to you and your business.
Under Construction – November 2025
Reprinted courtesy of Snell & Wilmer
The court found that the insurer had a duty to defend and dismissed the insurer’s motion for summary judgment.
Insured Successfully Moves to Dismiss Insurer’s Suit to Eliminate Duty to Defend
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
These rankings are determined through an analysis of millions of submitted evaluations on thousands of top lawyers from their clients and peers.
Lewis Brisbois Ranked Tier 1 Nationally for Seven Practice Areas in 2026 Best Law Firms
Reprinted courtesy of Lewis Brisbois
Like other uses of GenAI, it is a tool that is not designed to replace lawyers.
Toolbox Talk Series: GenAI Document Review
Mr. Witry may be contacted at bwitry@lauriebrennan.com
Reprinted courtesy of Brendan J. Witry, Laurie & Brennan LLP
This year, 189 Gordon Rees Scully Mansukhani attorneys have been selected, with 60 named to Super Lawyers and 129 named to Rising Stars.
GRSM Attorneys Selected to 2025 Super Lawyers and Rising Stars Lists
Reprinted courtesy of Gordon Rees Scully Mansukhani
Testifying Construction and Building Industry Standard of Care Expert Witness
General Construction Investigation - Licensed General Building Contractor CA, AZ, UT, FL
Certified Professional Estimator (ASPE) American Society of Professional Estimators
Extensive testimony experience attendant to numerous commercial and residential construction defect and claims related expert witness designations
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An investigation by the DC OAG accused a contractor of failing to pay prevailing wages to workers on three publicly-funded affordable housing projects in the District, and misclassifying employees as independent contractors on 13 additional projects.
Va. Contractor Fined for Alleged DC Wage and Classification Violations
ENR may be contacted at enr@enr.com
Reprinted courtesy of Jim Parsons, Engineering News-Record
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The Kahana Feld team established that the plaintiff’s identified eyewitness was out of the country at the time of the alleged accident—contradicting the plaintiff’s testimony and confirming the falsity of the claim.
Kahana Feld Secures Discontinuance with Prejudice in Fraudulent Case
Reprinted courtesy of Kahana Feld
Super Lawyers, a Thomson Reuters business, is a rating service of lawyers from more than 70 practice areas, who have attained a high degree of peer recognition and professional achievement.
Traub Lieberman Attorneys Recognized as 2025 New York – Metro Super Lawyers® and Rising Stars
Reprinted courtesy of Traub Lieberman
In MLB Transportation, the court found that the contractor obtained a government contract by knowingly making a false statement that it was a Service Disabled Veteran Owned Small Business.
Government Claiming Contract Is Void Ab Initio by Contractor Knowingly Making False Statements
Mr. Adelstein may be contacted at dma@kirwinnorris.com
Reprinted courtesy of David Adelstein, Kirwin Norris
SB 440 introduces a process and deadlines for handling change order, time extension and payment disputes on private-works construction projects.
New California Law Mandates Prompt Resolution of Change Order Payment Disputes on Private Works of Improvement
The 19 consecutive years of election to the Legal Elite in the Construction Category span Mr. Hill's over 15 years as a solo construction attorney.
Thank You for Year 19 of Legal Elite
Mr. Hill may be contacted at chrisghill@constructionlawva.com
Reprinted courtesy of The Law Office of Christopher G. Hill, PC
This is the fourth article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138.
How to Properly Fill Out and Use the Unconditional Waiver and Release on Final Payment Form Used in California Construction
Mr. Porter may be contacted at bporter@porterlaw.com
Reprinted courtesy of William L. Porter, Porter Law Group
Consulting Design and Architecture Expert Witness
Forensic Architect CA, AZ, NV, CO, TX, UT, FL, NM, OK - NCARB - National Council of Architectural Registration Boards
California Architectural Registration Board Supplemental Examination Commissioner
(800) 482-1822
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4Q Cost Report: Data Centers, Multifamily Lead Modest Growth
Ms. Zevin may be contacted at zevina@enr.com
Reprinted courtesy of Alisa Zevin, Engineering News-Record
Mission First, People Always: Military Veterans Drive Safety Culture in Engineering and Construction
Seth Friedman Argues Important Insurance Issue for State Farm at Georgia Court of Appeals
Reprinted courtesy of Lewis Brisbois
6th Annual Construction Law in Montana Seminar
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Bert L.. Howe & Associates, Inc., provides construction-related expert witness investigation and trial support services to the nation's most recognized publicly traded builders, commercial general liability carriers, law firms, and construction practice groups. To schedule a no-cost consultation with a construction or design expert possessing the credentials, licensures, and qualifications best suited to your matter, please contact us at 800.482.1822
Las Vegas Neighbors Boast Confidence Going Into 2026 Real Estate Market
CDJ Video ChannelLos Angeles Megaprojects Under Construction in 2026
CDJ Video ChannelConsulting General Contractor - Certified Construction Cost Estimating Expert Witness
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