ConstructionRisk Report (November 2025)

• A1 - Attorneys Fees of $8 Million Awarded Pursuant to Prevailing Party Contract Clause
• A2 - Mutual Waiver of Consequential Damages Clause was not Applicable to Damages Court Found Were Cause Directly by Design Professionals Deficient Plans

ConstructionRisk Report (October 2025)

• A1 - Impact of Undocumented Immigrants in the United States
• A2 - Defendant’s Negligence must be Substantial Factor in Causing Injury before Liability Can be found (No Proximate Cause)
• A3 - Time was not of the essence so no time related costs could be awarded
• A4 - Indemnification Article Violated the State anti-indemnification Statute

ConstructionRisk Report (July 2025)

• A1 - Breach of Contract Statute of Limitations Applies to Indemnification Litigation
• A2 - Homeowner Couldn’t Claim Consequential Damages against Builder in New York
• A3 - Contractor not Required to Remediate Hazardous Environmental Conditions that Weren’t Disclosed by Project Owner

ConstructionRisk Report (May 2025)

• A1 - Prevailing Party Attorneys’ Fees Contract Clause
• A2 - Subrogation Rights of an Insurance Carrier were Violated by the Insured
• A3 - Failure to Prove Consequential Damages

ConstructionRisk Report (April 2025)

• A1 - Contractor Forfeited Right to Indemnity from Insurance Carrier
• A2 - One-sided Arbitration Clause Unenforceable