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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Court Denies Insured's Motion to Dismiss Complaint Seeking to Compel Appraisal

March 13, 2023 — Tred R. Eyerly - Insurance Law Hawaii

The court denied the insured's motion to dismiss after the insurer filed suit to compel an appraisal. Allied Trust Ins. Co. v. Tsang, 2023 U.S. Dist. LEXIS 352 (E.D. La. Jan. 3, 2023).

The insureds reported damage to their property...

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

California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien

October 21, 2019 — Garret Murai - California Construction Law Blog

California provides three statutorily recognized construction payment remedies: (1) mechanics liens; (2) stop payment notices; and (3) payment bond claims. Each is intended to provide payment protections for those who furnish labor, materials and...

Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP

Mr. Murai may be contacted at gmurai@wendel.com

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CDJ Archives

A Matter Judged: Subrogating Insurers Should Beware of Prior Suits Involving the Insured

March 25, 2024 — Gus Sara - The Subrogation Strategist

In New Jersey Mfrs. Ins. Co. v. Lallygone LLC, No. A-2607-22, 2024 N.J. Super. Unpub. LEXIS 120, the Appellate Division of the Superior Court of New Jersey (Appellate Division) considered whether New Jersey Manufacturers Insurance Company (the...

Reprinted courtesy of Gus Sara, White and Williams

Mr. Sara may be contacted at sarag@whiteandwilliams.com

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CDJ Archives

Congratulations 2020 DE, MA, NY and PA Super Lawyers and Rising Stars

November 16, 2020 — White and Williams LLP

Sixteen White and Williams lawyers have been named by Super Lawyers as a Delaware, Massachusetts, New York or Pennsylvania "Super Lawyer" while eleven received "Rising Star" designations. Lawyers are selected through a process that takes into...

Reprinted courtesy of

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CDJ Archives

Colorado House Bill 19-1170: Undefined Levels of Mold or Dampness Can Make a Leased Residential Premises Uninhabitable

April 3, 2019 — Steve Heisdorffer - Colorado Construction Litigation

One of the 407 bills the Colorado legislature is considering as of the date of this blog post is House Bill 19-1170, the Residential Tenants Health and Safety Act, which can be found at https://...

Reprinted courtesy of Steve Heisdorffer, Higgins, Hopkins, McLain & Roswell

Mr. Heisdorffer may be contacted at heisdorffer@hhmrlaw.com

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CDJ Archives

"Ordinance or Law" Provision Mandates Coverage for Roof Repair

May 16, 2018 — Tred R. Eyerly - Insurance Law Hawaii

The Tennessee Court of Appeals found that the insured was entitled to coverage under the policy's "ordinance or law" provision for repairs to prevent a future collapse of both the damaged and undamaged portions of the building. Jefferson Cnty....

Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii

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

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