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

ConstructionRisk Report (February 2025)

• A1 - Condo Owners Sue Condo Association for Breach of Contract for Failing to Repair Defective Foundations to their Units (6 year statute of limitations applied)
• A2 - CGL Policy not required to indemnify a judgment against a general contractor – Professional Liability Exclusion and the “Your Work” Exclusions Applied
• A3 - General Contractor Claim against Subcontractor Barred by Statute of Limitations applicable to Contract Claims, but Permitted under Negligence Statute of Limitations

ConstructionRisk Report (January 2025)

• A1 - Contract Clauses for Dealing with Costs from New Laws and Actions Regarding Tariffs and Deportation
• A2 - Only General Contractor (and not Project Owner) had Additional Insured Status Under a Subcontractor’s CGL Policy
• A3 - Owner’s Standard of Care Expert Failed to Identify the Standard of Care and Failed to Explain How Designer Violated the Standard

ConstructionRisk Report (December 2024)

• A1 - No Damage for Delay Clause Enforced
• A2 - Indemnification Obligation is Premature if Negligence is not Demonstrated