Concrete Cancer Claims in Central Texas
Across Central Texas, more than 100 swimming pools have been affected by a destructive chemical process known as alkali-silica reaction (ASR), also known as “concrete cancer.” The effects of this chemical reaction have caused failures such as cracking, loss of water retention, and structural instability compromising the long-term integrity of pool shells and surrounding decks.
These costly breakdowns have triggered a wave of litigation involving first-party property claims and third-party general liability claims. Since 2013, material suppliers have sought to consolidate these lawsuits into a single multidistrict litigation (MDL). Today, this MDL includes more than 75 cases across Texas, with over 100 total filings expected. This complex MDL has become a case study in how technical failures, legal strategy, and insurance coverage intersect in large-scale construction disputes.
What is ASR?
Alkali-silica reaction is a chemical reaction that occurs when alakali hydroxides in concrete react with reactive forms of silica found in certain aggregates. The reaction creates a gel that absorbs moisture and expands resulting in internal pressure that causes cracking and structural deterioration.
While the reaction typically develops over 5-12 years, the progression is affected by the combination of materials and environmental exposure. Once ASR begins, it not only damages the concrete but can accelerate other deterioration mechanisms such as corrosion, sulfate attack, or freeze-thaw damage – making early detection and prevention essential.
Timing is Everything
Timing is critical in ASR-related claims. Property investigation, which includes inspections, documentation, and lab testing, can take months, with ASR test results alone requiring 8-12 weeks. These delays affect every stage of litigation, from determining liability to assessing repairs. Additional procedural steps like serving defendants, notifying insurers, retaining counsel and experts, and scheduling inspections across multiple cases further extend timelines.
Collaboration vs. Competition
The MDL highlights the complex dynamics among co-defendants with differing interests. Material suppliers, general contractors, and subcontractors face unique exposures and competing claims for defense and indemnity, leading the court to establish subcommittees for each group.
However, this structure adds challenges around sharing experts, data, and testing results which drive up costs, straining limited expert availability, and emphasizing the need for early insurance involvement and coordinated defense strategies.
Defining the Damages
At the core of the dispute centers on the scope of damage. Many plaintiffs seek full pool replacement, while defendants argue that target repairs can solve ASR issues at a far lower cost. From a coverage perspective, full replacement could quickly exhaust insurance limits, while repairs may support broader claims resolution.
Defendants also warn that unnecessary replacements could raise issues of betterment or failure to mitigate. Collaboration on repair evaluations remains challenging or overlapping design and construction defect claims complicate liability and the balance between cost efficiency and fairness.
Expertise in Action
As a member of Engle Martin’s National Casualty Practice (NCP) team, Maryellen Miller, Executive Casualty/General Liability Property Adjuster, brings extensive experience in managing complex losses involving ASR defects. Her comprehensive understanding of both the technical and procedural aspects of these claims enable her to guide stakeholders through every stage of the process, from early cause-and-origin investigation and expert coordination to detailed claim evaluation.
Maryellen’s ability to translate technical findings into clear, actionable claim strategies supports efficient claims handling and equitable outcomes for clients navigating the challenges of ASR.
Conclusion
The MDL over concrete cancer claims shows that construction defect disputes go beyond material issues, relying on timing, communication, and coordination among technical and legal teams.
With deep expertise, Engle Martin helps clients manage risk, control costs, and reach fair resolutions through technical insight and strategic coordination. These lessons extend beyond Texas, proving how one defect can impact coverage, contracts, and outcomes. Engle Martin offers the proven experience needed to navigate these complex cases.
If you’d like to learn more about these insights or discuss how Engle Martin can help navigate these claims, contact us at: info@englemartin.com
