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...
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...
Inside This Issue: Professional Liability Risks in BIM Applications: If BIM is Here to Stay, How Can we Insure Errors and Omissions? Contractor not Entitled to Recover from Subcontractor who Met Specifications Even though Project Failed to Function as...
Inside This Issue: Attorneys Fees Recovery Granted by Court Building Information Modeling: The Wave of the Future? Surety Cannot Maintain Negligence Action against A/E for Alleged Failure to Adequately Inspect and Supervise Contractor’s Work ________________________...
Inside This Issue: Summary Judgment Granted Based on Limitation of Liability Clause ; Construction Manager not Liable for Subcontractor Laborer’s Injuries Since it did not Control How Subcontractor Performed the Work; Defects in Contractor’s Own Work may be Covered by...
Inside This Issue: No Damage for Delay Clause Enforced; OSHA and Multi-Employer Worksite Safety Responsibility Significantly Changed; Repair of Subcontractor’s Defective Work on Concrete Slab not Covered by CGL Policy; Defective Roof Work Excluded from CGL Coverage...
Inside This Issue: Liability of Construction Managers/Design Professionals to Injured Employees of Contractors: Pennsylvania Supreme Court Takes Another Look; Performance Specifications: Who has what Duty Concerning Design and Successful Performance of Completed...
Inside This Issue: Turnabout at Trial: Contractor Ordered to Pay $50 Million for Fraudulent Claims; Design Professional Decreed to be Fiduciary of Project Owner; Entitlement to Contract Reformation to Recover Inflation Costs Exceeding Inflation Factor Specified by...
Inside This Issue: Why Project Owners Aren’t Made Additional Insureds Under a Design Professional’s Errors and Omissions Policy; New TxDOT Consultants Errors & Omissions Procedures: Design Professionals and Insurers Beware! __________ Article 1 __________ Why...
Inside This Issue: Why Should I Pay for Your Mistakes? Indemnification: Addressing the Contract Language Details Pollution Exclusions in CGL Policy Bars Coverage for Carbon Monoxide Poisoning Damage from Fill Material Eroding into Creek Excluded from Coverage by...
Connect