A project owner and its subcontractors were entitled to be defended and indemnified under its contractor’s commercial general liability (CGL) policy. The “contractual liability” exclusion of the policy was not applicable because indemnity was afforded under an...
Negligence lawsuit by project owner against its architect was barred by the three year statute of limitations, which accrued on the date the building permit was issued. The court rejected the owner’s argument that the statute of limitations period was tolled by its...
A breach of implied warranty of habitability suit against a homebuilder is held to be a breach of contract action rather than a tort (negligence) action and the statute of limitations/statute of repose period applicable to breach of contract (running 4 years from date...
Homeowner’s insurance policy carrier denied coverage for losses that occurred in connection with construction of an addition to the homeowner’s house that was to serve as an observatory. The addition included construction of a telescope support system that included...
Property damage caused by a subcontractor’s faulty work does not meet the definition of an “occurrence” under the CGL insurance policy because faulty work is not fortuitous. This Ohio Supreme Court decision differs from the coverage determinations of the courts of...
A homeowner insurance policy was required to defend the homeowner/seller of a house against a personal liability lawsuit by a purchaser that alleged damages resulting from a rock slide allegedly caused by the seller’s breach of contract and negligence. The carrier...
Contractor sued engineer for damages it claimed it sustained as a result of negligent design that the engineer prepared for a project owner. Although an engineering firm could owe a duty to reasonably draft and interpret project specifications and it could be...
Construction contractor was prohibited by contract from suing the project engineer for damages it claims were sustained as a result of the engineer’s alleged professional negligence in the interpretation and application of the plans and specifications of the project....
Professional Construction Manager is not a guarantor of work performed by a construction contractor who is under separate contract to the project owner even though it agreed to “make sure the construction work is performed properly.” The owner was entitled to recover...
A safety consultant retained by a California employer owes a duty of care to its client’s workers. The trial court incorrectly granted summary judgment on the ground that the consultant owed no duty of care because its allegedly negligent omissions were not...
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