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Construction Risk.com Report December 2010, Vol. 12, No. 8 Inside this Issue: Architect’s Copyright Infringement Action against Another Architect was Properly Dismissed by Trial Court on a Motion to Dismiss; – Contractor Suit against Project Owner’s Lender for Failing to Pay for Work Performed on Project is Dismissed; – Contractor Entitled to Recover Additional Compensation [...]
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Construction Risk.com Report November 2010, Vol. 12, No. 7 Inside this Issue: The Duty to Defend as part of Indemnity Agreement is Alive and Well in California: Don’t be fooled by Favorable Commentary on California SB 972; – Agreeing to Pay Reasonable Attorneys Fees as Part of Indemnification May Create Uninsurable Loss; – Developer’s Assignee Can [...]
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Inside this Issue Economic Loss Doctrine Bars Contractor Suit against Engineer; Expert Testimony is Required to Prove Construction Management Failed to Meet the Standard of Care; Professional Services Exclusion of Engineer’s CGL Policy Properly Applied to Bar Coverage for Wrongful Death Action Resulting from Trench Collapse; Unlicensed Contractor forced to Refund all Payments back to [...]
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Construction Risk.com Report April 2010, Vol. 12, No. 4 Inside This Issue: • Liquidated Damages Enforced Against Road Re-Striping Contractor on Federal Highway Project • Subcontractor Barred from Appealing Federal Government Decision on a Prime Contract Dispute Even though it was 3rd Party Beneficiary ; • Expert Witness Adequately Testified to Consensus Opinion on Applicable [...]
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Inside This Issue: • Construction Manager is Immune from a Contractor’s Employee Personal Injury Suit pursuant to the Workers Compensation Statute • Arizona Supreme Court Reaffirms Economic Loss Doctrine; • Professional Services Providers Should not Agree to Defend Clients; • $26.9 Million in Liquidated Damages Not a Windfall to Power Plant Owner. ====================================== NEW BOOK [...]
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Inside This Issue: • Consultant’s Duty to Defend Under a Contract with Developer Arises At the Time of Tender Despite the Lack of a Finding of Negligence Against the Consultant. • Contractor Can Sue Architect on Quantum Meruit Basis Where no Contract Exists • Statute of Limitations for Negligence Actions Bars Suit against Engineer that [...]
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Inside This Issue: • Case against Engineer Dismissed for Lack of Expert Affidavit • Firm not Subject to Suit in New York for Services Performed by Moonlighting Employee in New Jersey ; • Date of Substantial Completion Triggers Statute of Limitations period for Prime Contractor to Sue its Subcontractor; • No Coverage in Homeowner’s Policy [...]
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Inside This Issue: • What Happens When Green Becomes Code: Do Buildings Get Better or Are Lawsuits Inevitable? • Electronic Discovery Requires Cooperation between Opposing Counsel; • Construction Manager not Required to Have Contractor’s License; • Indemnification Clause Required Design Professional to Defend City against Claims City was Negligent • Contractor Entitled to Rely upon Engineer’s [...]
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Inside This Issue: • Limitation of Liability Clause Enforced in Favor of Architect by Georgia Court; • Contractor Modification Released U.S. from Cumulative Impact and Delay Costs as well as further Direct Costs; • Economic Loss Doctrine Held to Bar Claims (including post-contractual fraud claims) by General Contractor against CM in Colorado; • Inadequate Certificate [...]
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Inside This Issue: New OSHA Policy is Upheld – Rendering Prime Contractors Responsible for Hazards Created by their Subcontractors; Faulty Workmanship Arising from Subcontractor Work is Covered by a CGL Policy; Huge Penalty for False Claim is Enforced , and Forfeiture of Entire Contractor Claim is Affirmed; Architect Failed to Prove Developer Infringed its Copyrighted [...]
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