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About the Newsletter

All articles in this issue of the ConstructionRisk.Com Report, unless otherwise indicated, are written by J. Kent Holland, a construction lawyer located in Tysons Corner, Virginia, (formerly with Wickwire Gavin, P.C. and now with Construction Risk Counsel, PLLC) representing design professionals, contractors and project owners. He is admitted to practice law in Virginia and Maryland.  He is also president of ConstructionRisk, LLC, a consulting firm providing consulting services to owners, design professionals, contractors and attorneys on construction projects. He provides the construction risk management website (www.ConstructionRisk.com), and publishes ConstructionRisk.com Report with 8 to 12 issues per year, as a complimentary newsletter providing case notes, articles and commentary on risk management issues concerning construction projects. He may be reached at Kent@ConstructionRisk.com or by calling 703-623-1932. Permission is granted to reprint or republish any article herein that is authored by Mr. Holland, provided that attribution to the author and publication (including website address) is given and the issue is cited in the following format: ConstructionRisk.com Report, Vol. 12 No. 7 (Nov 2010), J. Kent Holland, www.ConstructionRisk.com.

ConstructionRisk.com Report (Feb 2012)- Current Issue

• A1 - “Pay-If-Paid Clause” Enforced as Condition Precedent to Subcontractor Right to Payment
• A2 - Engineer Required to Indemnify Client for Costs of First Party Claim, Including Attorneys Fees to Extent Attributable to Engineer
• A3 - Contractor Cannot Recover for Extra Work Performed without Change Order Approved by Authorized Officials
• A4 - Liquidated Damages Properly Assessed against Design-Builder Without Regard to Whether Excessive Compared to Actual Damages

ConstructionRisk.com Report (Jan 2012)

• A1 - Assignee of Contract Indemnification Rights under a Design-Build Contract Stands in Shoes of Indemnitee and is Entitled to Recover Defense Costs
• A2 - Expert Survey of Small Sample of Walls Sufficient to Justify Opinion that Much Larger Area of Walls Must be Torn out and Replaced by Design-Builder for Failing to Meet Specifications for Rebar
• A3 - Design-Builder Entitled to Contractual Indemnity from Subcontractor for Damages to Turbines
• A4 - CGL Insurance Covers Damages Caused by Defective Workmanship of Subcontractor
• A5 - Liquidated Damages in Design-Build subcontract Are Enforceable Even Where Far Exceeding Actual Damages
• A6 - Contractor Permitted to Sue Architect for Implied Warranty of Specifications
• A7 - Architect Owes No Contractual or Common Law Duty to Third Party for Alleged Negligence in Construction Administration Services Performed for Its Client-Homeowner

ConstructionRisk.com Report (Dec 2011)

• A1 - Architect Not Entitled to Summary Judgment on Indemnification Obligation Owed to Project Owner
• A2 - Contractor Loses Malicious Prosecution Action against Homeowner that had Unsuccessfully Sued the Contractor in Construction Defect Litigation
• A3 - Contractor’s Claim against CGL Insurance Company Dismissed Because It Failed to Give Company Timely Notice of Plaintiff’s Claim Related to Defective Work
• A4 - Owner Permitted to Sue a Subcontractor in Idaho, and Economic Loss Doctrine Did Not Bar Claim
• A5 - Project Owner Not Liable for Injuries to Employee of Independent Contractor

ConstructionRisk.com Report (Aug 2011)

• A1 - Homebuilder Successfully Offered Express Limited Home Warranty That Waived Implied Warranty of Good Workmanship
• A2 - Engineer That Did Work without Written Change Order Not Entitled to Be Paid for Additional Services
• A3 - Subcontractor Had Rights as Third Party Beneficiary Under Federal Government Contract
• A4 - Design Professional Had no Liability for Worker’s Injuries Because Intervening Acts of Contractor Prevented Designer’s Alleged Acts from Being the Proximate Cause
• A5 - Architect Entitled to Insurance Defense for ADA and FHA Claims Arising out of Services Performed for Condominium Developer

ConstructionRisk.com Report (July 2011)

• A1 - Principal of Limited Liability Company can be Sued without Need to Pierce Corporate Veil
• A2 - Subcontractor Was Wrongfully Terminated Where Its Performance was Delayed by the Prime Contractor and Others
• A3 - General Contractor Can Recover Damages Caused by Sub’s Defective Work From the Sub’s CGL Policy
• A4 - Economic Loss Doctrine Bars Contractor’s Insurance Carrier from Bringing Subrogation action against Design Professional for Negligence
• A5 - Architect Not Entitled to Recover Fee for Services on Foreign Embassy Because Not Licensed in Washington, D.C.

ConstructionRisk.com Report (June 2011)

• A1 - Federal Court in Tennessee Holds Insurer Responsible Under CGL Policy For Defending Contractor Against Negligence Claims
• A2 - Shifting Sands beneath the Economic Loss Doctrine in Washington
• A3 - Contractual Liability Exclusion Bars Coverage for Breach of Contract Claim against Contractor by a Third Party
• A4 - Defective Work of Subcontractor Covered under Prime Contractor CGL Policy

ConstructionRisk.com Report (May 2011)

• A1 - “No Damages for Delay” Clause Enforced Against Contractor Claim
• A2 - Architect’s Duty to Identify Contractor Deviations from Plans Extends to Home Guests
• A3 - Additional Insured Contractor’s Right to be Defended & Incorporation of Prime Contract Indemnity Obligations into the Subcontract
• A4 - Bid Protestor Successfully Challenges Bid Rejection Based on Unannounced Criteria

ConstructionRisk.com Report (Apr 2011)

• A1 - Working On Purpose - (My new book!)
• A2 - Battle of the Contract Forms: Subcontractor Bound to General Contract Terms
• A3 - Oral Contract for Remodeling Home May be Enforced
• A4 - Spoliation of Evidence May (or May Not) Justify Dismissal of Lawsuit
• A5 - Pay-when-paid Clause Excuses Prime from Paying Subcontractor Since Owner Didn’t Pay

ConstructionRisk.com Report (Mar 2011)

• A1 - Engineer Did not have Duty to Report to the Public the Environmental Findings it Produced for its Client
• A2 - Statute of Repose Bars Indemnification Claim against Engineer that Designed Bridge that Collapsed
• A3 - Certificate of Merit Filed with Amended Complaint Doesn’t Make up for Failure to File with First Complaint

ConstructionRisk.com Report (Feb 2011)

• A1 - Engineer’s Duties Specified by Contract Cannot be Expanded by Plaintiff’s Expert Testimony to Elevate the Standard of Care to Jury Question
• A2 - Electronically Stored Information and the Law: Delete, Destroy, Go Directly to Jail!
• A3 - Oral Construction Contract Enforceable
• A4 - Action against Engineer for Recommending Rejection of MBE Firm’s Bid is Dismissed

Disclaimer

This newsletter Report is published and edited by J. Kent Holland, Jr., J.D. The Report is independent of any insurance company, law firm, or other entity, and is distributed with the understanding that ConstructionRisk.com, LLC, and the editor and writers, are not hereby engaged in rendering legal services or the practice of law. Further, the content and comments in this newsletter are provided for educational purposes and for general distribution only, and cannot apply to any single set of specific circumstances. If you have a legal issue to which you believe this newsletter relates, we urge you to consult your own legal counsel. ConstructionRisk.com, LLC, and its writers and editors, expressly disclaim any responsibility for damages arising from the use, application, or reliance upon the information contained herein.

Copyright 2011, ConstructionRisk, LLC

Publisher & Editor:
J. Kent Holland, Jr., Esq.
1950 Old Gallows Rd
Suite 750.
Vienna , VA 22182
703-623-1932
Kent@ConstructionRisk.com