Articles & Publications 07.16.26

The Legal Deep End: How Texas Is Dealing With the Spread of “Concrete Cancer” Pool Claims, published in CLM Construction Claims Magazine

In an article published in the Summer 2026 edition of CLM Construction Claims Magazine, Segal McCambridge Shareholder Mari Bryn Dowdy examines the growing wave of litigation arising from alkali-silica reaction (ASR), commonly known as "concrete cancer," affecting hundreds of residential and commercial swimming pools across Central Texas. Mari Bryn discusses how the widespread construction defect has led to first-party property claims, third-party general liability claims, builder's risk claims and the formation of the In re Easy Mix Construction Defect Litigation multidistrict litigation (MDL).

Mari Bryn explains the science behind ASR, how the defect develops and why prevention through proper material selection and concrete mix design is critical. She also explores the legal challenges of allocating responsibility among pool builders, concrete suppliers, subcontractors and material suppliers, particularly where existing pool construction standards do not expressly address the selection of materials that may contribute to ASR.

"The parties involved in these concrete cancer claims—including pool owners, construction industry professionals, insurance professionals, attorneys, and experts—continue to develop different and, often, competing strategies for evaluating and resolving these construction-defect claims," writes Dowdy. "It will be informative to see if and how those strategies ultimately play out at trial, especially after the first MDL bellwether case proceeds to trial later in 2026 or in early 2027."

To read the full article, click here.