ConstructionRisk.com Report, Oct 2009, Vol. 11, No. 8

Inside This Issue: • Choice of Law Provision Incorporating law of one state into contract for performance of design services in another state does not incorporate the Statute of Limitations; • Mechanic’s Lien cannot be Filed by Contractor Removing Drums of Hazardous...

ConstructionRisk.com Report, Jul 2009, Vol. 11, No. 7

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...

ConstructionRisk.com Report, Jun 2009, Vol. 11, No. 6

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...

ConstructionRisk.com Report, May 2009, Vol. 11, No. 5

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...

ConstructionRisk.com Report, Apr 2009, Vol. 11, No. 4

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...

ConstructionRisk.com Report, Mar 2009, Vol. 11, No. 3

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...

ConstructionRisk.com Report, Feb 2009, Vol. 11, No. 2

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:...

ConstructionRisk.com Report, Jan 2009, Vol. 11, No. 1

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...

ConstructionRisk.com Report, Dec 2008, Vol. 10, No. 5

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...

ConstructionRisk.com Report, Sep 2008, Vol. 10, No. 4

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...