Engineer’s Duties Specified by Contract Cannot be Expanded by Plaintiff’s Expert Testimony to Elevate the Standard of Care to Jury Question
ConstructionRisk.com Report Vol. #13, Issue #2
See article in the following topic indices:
CH2,Contract Language,Expert Witness,Scope of Service,Standard of Care
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As a result of a fatal accident that occurred when a car hit a low median separating traffic on a highway overpass bridge and vaulted over it into oncoming traffic, plaintiffs filed suit against the engineering firm that had years earlier performed professional services involving the bridge. Pursuant to a contract with a developer, the [...]
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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
ConstructionRisk.com Report Vol. #12, Issue #2
See article in the following topic indices:
CH2,duty to defend,Indemnification,Negligence
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The California Court of Appeals issued an important opinion regarding UDC v CH2M Hill affecting construction professionals. The decision is the first of its kind to interpret a design professional’s duty to defend under an indemnity agreement in light of the California Supreme Court’s recent decision in Crawford v. Weathershield. In short, the court concluded [...]
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Professional Services Providers Should not Agree to Defend Clients
ConstructionRisk.com Report Vol. #12, Issue #3
See article in the following topic indices:
California,CH2,duty to defend,Indemnification,Negligence
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There is no common law duty of a consultant to defend its client against third party actions. That duty can only arise as a result of a contractually liability created through the indemnification clause of the contract. Since this is a contractual liability, it is excluded from coverage pursuant to the contractual liability exclusion of [...]
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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
ConstructionRisk.com Report Vol. #12, Issue #11
See article in the following topic indices:
California,CH2,duty to defend,Indemnification,indemnity,Negligence,SB 972
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With the signing into law of California Senate Bill SB 972, California amended Section 2782.8 of its Civil Code, thereby limiting the enforcement of indemnification clauses upon design professionals working for public agencies. Much positive hype and commentary has been written by some firms and organizations stating: “This is a significant legislative victory for design [...]
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