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...
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...
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...
Inside This Issue: Duty to Defend and Indemnify: Understanding the CH2 Decision and Avoiding Uninsurable Risks; Modified Total Cost Method of Proving Damages: Approved For California Public Works; Developer Cannot Sue Engineer that Prepared Environmental Impact Report...
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...
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...
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 • ...
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...
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...
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...
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