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Inside This Issue: • Quantum Meruit Recovery for Architect that Worked without a License; • Limitation of Liability Clause Unenforceable to protect Individual Professional; • ADA and FHA Bar Indemnification of Building Owner by Design Professional ; • Economic Waste Doctrine Prevents Owner from Recovering Excessive Damages from Contractor; • Time Limit for Filing Suit [...]
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Inside This Issue: Additional Insured” Prime Contractor is Entitled to be Defended on Claim Arising out of Insured Subcontractor’s Work Broad Release Agreement of Contractor Also Releases its Performance Bond Surety Copyright Infringement: Summary Judgment for Defendant because floor plans not substantially similar Workers’ Compensation Law Bars Suit against Joint Venture Partner by Co-venturer’s Injured [...]
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Inside This Issue: • Limitation of Liability Enforced in Arizona is Matter for Summary Judgment; • Economic Loss Doctrine Enforced in Nevada to Prevent Property Owner Recovery against Design Professional for Alleged Negligence ; • Economic Loss Doctrine Enforced in Indiana to Prevent Property Owner Recovery against Design Professional for Alleged Negligence and Negligent Misrepresentation; [...]
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Inside This Issue: Contractor Negligent Misrepresentation Claim against A/E Cannot be Dismissed on Motion to Enforce Statute of Limitations Where Factual Question Exists as to when Contractor Discovered Injury; Negligent Misrepresentation Claim against Design-Build Firm is not Covered by CGL Insurance Policy; Statute of Repose Enforced to Bar Claim against Engineer; Partially at Fault GC [...]
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Inside This Issue: Indemnification Clause in Subcontract Creates Automatic Duty to Defend Prime Even if No Duty is Specifically Stated. CGL Insurance Carriers Had no Duty to Defend Design Professional on Claims Arising out of Professional Services. Site Safety: General Contractor not Liable to Injured Subcontractor Employee. ====================================== _________ Article 1 __________ Indemnification Clause in [...]
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Inside This Issue: • How Building Information Modeling (BIM) Impacts Insurance Availability by Changing the Roles, Responsibilities, and Risks of Project Participants. • Subcontract Installation of Unattractive Wrong Shingles not Property Damage Covered by CGL Policy. • Mechanic’s Lien Waiver Found Unenforceable because Violation of Public Policy. • Plan Drafter Penalized for Practicing Architecture without [...]
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Inside This Issue: **Copyright to Documents May be Enforced by Architect Several Years after Normal Passing of Statute of Limitations; **Contract Mods With General Release Language Did not Establish Accord and Satisfaction Defense for Government against Impact Claims Not Expressly Released ; **General Contractor’s CGL Policy Covers Damages Caused by Subcontractor, Including Damage to the [...]
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Inside This Issue: Contractor did not Owe Indemnity for Economic Loss Incurred by Third Party Resulting from Contractor’s Excavation Work;. Why it Pays to Rely on Outside Counsel and Consultants When Requesting an Equitable Adjustment ; Limitation of Liability Clause Enforced in North Carolina Case While Similar Clause Rejected in a Georgia Decision ; Indemnity [...]
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Inside This Issue: Limitation of Liability Clause Enforced in A/E Agreement;. Indemnification Provisions of AIA Contract Did Not Require Contractor to Indemnify Client for Economic Losses Claimed by Adjacent Property Owner;Contractor Could Not Recover From Engineer for Interference ====================================== _________ Article 1 __________ Limitation of Liability Clause Enforced in A/E Agreement A North Carolina court [...]
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Inside This Issue: Fighting Back: Contractors Can Use Tort Law to Challenge Claims of Fraud, Deceit, and Dishonesty Fraud Count Dismissed for Failure to State a Claim & Plaintiff Can’t Avoid Contract Terms by Claiming it was Unaware of the Term ====================================== WEBINAR SERIES on BIM ROADMAP TO BIM 2008: (A teleconference series) March 19, [...]
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