Connecticut Supreme Court Reaffirms State’s Immunity from Statutes of Limitation

by Kent Holland | Nov 27, 2012 | Newsletter Article

Timothy Fisher, Esq.; McCarter & English — In a decision followed closely by the construction industry, Connecticut’s Supreme Court has issued a unanimous decision confirming a long-standing rule that statutes of limitations do not run against the...

Agreement to Indemnify Project Owner for Penalties due to Violations of Americans with Disabilities Act Is Void and Unenforceable

by Kent Holland | Nov 27, 2012 | indemnification clause, Newsletter Article

Where design professionals agree by contract to indemnify a project owner for “any damages arising from any act, omission, or willful misconduct”, that provision cannot be enforced when the damages at issue arise out of violations of the Americans with Disabilities...

Bidder Cannot Sue Architect for Tortious Interference with a Business Expectancy for Recommending that Project Owner Reject Its Low Bid

by Kent Holland | Nov 27, 2012 | Newsletter Article

The bidder on a public school project has no valid business expectancy of being awarded a contract, only “wishful thinking,” and in the absence of evidence of fraud, injustice or a violation of trust, it’s tortious interference claim against the owner’s architect for...

Employee Injured in Trench Collapse Cannot Circumvent Worker’s Compensation Bar Against Suing His Employer Absent Evidence of Intentional Wrong That Created Substantial Certainty of Injury or Death

by Kent Holland | Nov 27, 2012 | Newsletter Article

Where an employee of a contractor was injured in the collapse of an unshored 25 foot deep trench, he filed suit against his employer – asserting that the exclusive remedy of the workers’ compensation act did not bar the suit due to the exception that is granted under...

Additional Insureds Are Denied Coverage Where Carrier Rescinds Policy of Contractor That Had been Issued Based on Misrepresentations in the Policy Application Concerning the Nature of Contractor’s Work

by Kent Holland | Nov 27, 2012 | Newsletter Article

When a tower crane collapsed in New York City, killing seven people, injuring dozens more, and damaging several buildings, the contractor that was operating the crane was denied coverage by it’s excess liability carrier for several distinct reasons. The first reason...

Connecticut Supreme Court Reaffirms State’s Immunity from Statutes of Limitation

Agreement to Indemnify Project Owner for Penalties due to Violations of Americans with Disabilities Act Is Void and Unenforceable

Bidder Cannot Sue Architect for Tortious Interference with a Business Expectancy for Recommending that Project Owner Reject Its Low Bid

Employee Injured in Trench Collapse Cannot Circumvent Worker’s Compensation Bar Against Suing His Employer Absent Evidence of Intentional Wrong That Created Substantial Certainty of Injury or Death

Additional Insureds Are Denied Coverage Where Carrier Rescinds Policy of Contractor That Had been Issued Based on Misrepresentations in the Policy Application Concerning the Nature of Contractor’s Work

Search

Get the Newsletter

Contract Guide for Design Professionals

Recent Newsletters

All Newsletters

Risk Management Workshops

Life Skills Workshop Slides

Contract Clauses – Papers and Articles

IRMI Expert Commentary

Construction Risk Management