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1.0
Accord & Satisfaction
1.1
Accord and Satisfaction Barred Contractor Claim for Additional
Compensation
1.2
Accord and Satisfaction Language Barred Contract Claim
1.3
Waiver and Release in Change Order Bars Further Recovery
1.4
Do You Really Want to Cash that Check?
2.0
Americans with Disabilities Act
2.1
Design Professionals Not Subject to Liability under Title III of
the
ADA
and
Washington
’s Law against Discrimination
3.0
Changes: Managing
Change Orders
3.1
Managing Contract Changes
4.0
Contractor Claims
4.1
Contractor Suit Dismissed for Failure to Follow Claim Procedures
of Contract
4.2
Failure to Request Change Order Bars Contractor Recovery for
Excess Units
4.3
Multi-Million Dollar Claim Invalidated by Court Due to
Contractor’s Failure to Give Timely Notice
4.4
Absent Contractual Allocation of Delay Risk, Subcontractor Cannot
Recover Damages from General Contractor who was not Responsible for
their Occurrence
4.5
Equitable Adjustment Allowed for Deductive Change Despite
Contractor’s Unbalanced Bid
4.6
Proving Constructive Acceleration Claims Can be Difficult for
Contractors
4.7 When to Stop Work for
Non-payment
4.8
Differing Site Conditions, Defective Specifications: One Coin,
Two Sides
5.0
Contract Language Issues & Concerns
5.1
Boilerplate Can Burn!
6.0
Damages
6.1
Contractor May be Sued for Lost Profits arising out of Breach of
Contract
7.0
Design-Build
7.1
Book Review: Design-Build
Lessons Learned
7.2
Ambiguity in Design-Build Contract Specs Interpreted in Favor of
Contractor
7.3
Design-Builder Not Entitled to Equitable Adjustment to Meet
Owner’s Detailed Design Specifications
7.4
Liquidated Damages Clause and Waiver of Consequential Damages
Clause Effectively Cap Damages Available Against Design-Builder
7.5
Public Agency Exempted Project from Competitive Bidding
8.0
Dispute Resolution
8.1
Contractual Jury Waivers Held Invalid by
California
Supreme Court
8.2
Subcontractor forfeits right to arbitration by filing demand
untimely
8.3
Using Negotiation, Mediation and Arbitration to Resolve
Construction Disputes.
8.4
Why Some Mediations Fail
8.5
Arbitration Consolidation was Inappropriate
8.6
Architect’s Decision Final where Contractor Failed to Satisfy
Arbitration Filing Requirements
9.0
Documentation
9.1
Don’t Touch That “Forward” Button! Attorney-Client
Privilege in an E-Mail Age
9.2
Copyright Infringement of Design Documents
10.0
Drug Testing
10.1
Rapid Result Drug Testing
11.0
Economic loss Doctrine
11.1
Contractors May Now Bring Direct Action for Economic Losses
Against Design Professionals in
Pennsylvania
12.0
Environmental Liability
12.1
Superfund Decision May Benefit Design Professionals on
Environmental Remediation Projects
13.0
Ethics
13.1
Testing Your Ethical Barometer
14.0
Expert Witnesses
14.1
Contractor Complaint against Engineer Dismissed for Failure to
File Expert Identification Affidavit
14.2
Personal Injury Case against Engineer Dismissed for Lack of
Expert Testimony
15.0
Federal Contracts
15.1
Hurricane Katrina’s Impact on Existing U.S. Government
Contracts
16.0
Fiduciary Duty
16.1
Project Manager Required by Fiduciary Duty to Owner to agree to
Settlement with a Supplier Contrary to its Own Interest
17.0
Indemnification
17.1
Indemnity Clause Requires Subcontractor to Indemnify Prime for
Injuries Arising out of the Prime’s own Negligence
17.2
Highway Contractor Protected by State Immunity Statute
17.3
Indemnification Clause Unenforceable if Negligent Parties Are
Indemnified
18.0
License Requirements
18.1
Contractor Forfeited Right to Payment by Performing Work without
a License
19.0
Insurance
19.1
Waiver of Subrogation Enforced, Denying Insurance Company
Recovery against Contractor it Alleged was Grossly Negligent
19.2
Faulty Workmanship Coverage Under CGL Policy
19.3
Pollution Exclusion in D&O Policy Applied to Exclude Coverage
for Alleged Business Torts
19.4
Insurance Carrier not Required to Treat CM as Additional Insured
Under Contractor’s Policy
19.5
Broad Additional Insured Endorsement Entitles Contractor to
Recover Damages under its Subcontractor's Primary and Umbrella Policies
19.6 Punitive Damage Award Against Insurance
Company Reversed by Supreme Court as Excessive
19.7
Insurance Company that Incorrectly Denied Pollution Coverage Did
not Act in Bad Faith in Failing to Defend and Indemnify its Insured
19.8
Insurance Coverage—Waivers of Subrogation
20.0
Insurance Coverage for Environmental Losses & Mold
20.1
Silica Claim Barred by Total Pollution Exclusion in CGL Policy
20.2
Broad Pollution Exclusion Is Ambiguous: Lead Covered by Policy
20.3
Whether Mold Cleanup Costs Are Covered Depends on Causation
20.4
Mold Loss Excluded under Homeowner’s Policy – Summary
Judgment for Carrier
20.5
Absolute Pollution Exclusion in Contractors Policy Does Not Bar
Coverage for Injuries from Toxic Fumes
21.0
Limitation of Liability
21.1
Limitation of Liability Clause Protecting Owner is Not Voided by
Owner’s Breach of Contract or Alleged Bad Faith
21.2
Liquidated Damages Clause and Waiver of Consequential Damages
Clause Effectively Cap Damages Available against Design-Builder
22.0
Mold
22.1
Standards Needed for Mold
Exposure, Testing and Remediation
22.2
Preventing Mold-Related Nondisclosure Claims
22.3
Court Rejects Employees’ Claim against Employer for Fraudulent
Concealment of Mold
22.4
Incident Reports are Held to be
privileged
22.5
Homeowners Policy Unambiguously Excluded Coverage for Mold
23.0
Site Safety
23.1
Store Owner not Liable for Injuries Sustained by HVAC
Contractor’s Employee
23.2
Engineer Had No Duty to Warn General Contractor’s Employee
of Danger
23.3
No Liability Under
New York
Labor Law for Project Owner and Lender where Worker's Injuries
Attributed Solely to his Own Fault
24.0
Standard of Care
24.1
Architect Required to Review Adequacy of Engineer’s Structural
Report Before Proceeding with its Design Services
24.2
Summary Judgment against Plaintiff who Failed to Provide Factual
Support that she could Meet Burden of Proof of Negligent Design
24.3
Design-Build Engineer Held Liable for Negligence
25.0
Surety
25.1
De Facto Takeover: Are a Surety’s Rights
Protected?
25.2
Sureties Walk a Fine Line Between Contractor Default and
Claim Investigation
26.0
Time Limitations on Suits
26.1
California
Decision Erodes Certainty of 10-Year Statute of Repose against
Construction Defect Claims
26.2
Statue of Limitations for Negligence Instead of for Breach of
Contract Requires Dismissal of Action against Architect
27.0
Warranty
27.1
Contractor Entitled to Rely Upon Government's Implied Warranty of
Specifications
27.2
No Warranty of Design by
Engineer
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