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ConstructionRisk Report (August 2023)

  • A1 - Economic Loss Doctrine Enforced to Bar Claim against Design Professional by a Third Party Plaintiff
  • A2 - Waiver of Subrogation Clause Enforced

ConstructionRisk Report (July 2023)

  • A1 - General Contractor Can be Liable for Subcontractor’s Failure to Maintain Safe Scaffolding
  • A2 - Pollution Exclusion was Ambiguous and Unenforceable as Applied to Homeowner’s Claim Regarding Heating Oil Damage to its Basement.
  • A3 - Summary Judgment Incorrectly Granted against Project Owner for Independent Contractor Employee’s Death from Fall through skylight

ConstructionRisk Report (May 2023)

  • A1 - Engineer Satisfied State Licensing Requirement by Using Licensed Independent Contractor as its Licensed Full-Time Registered Professional Engineer Manager
  • A2 - Pay-If-Paid Clause Enforced in New Jersey

ConstructionRisk Report (March 2023)

  • A1 - Notice of Proposed Termination and An Opportunity to Cure is Implied in Every Contract
  • A2 - Subcontractor unreasonably relied on email from Prime that stated only a little rock should be expected – contrary to the Geotech Report that showed the actual hard rock
  • A3 - Economic Loss Doctrine Does not Limit Actions where Tangible Property has been Damaged

ConstructionRisk Report (February 2023)

  • A1 - Handwritten Change to the Lien Release was Effective at Preserving Contractor’s Right to Later Make a Claim for More Funds
  • A2 - Subcontractor Breached Contract by Refusing to Perform Extra Work as Directed by Contractor unless it First Received Change Order
  • A3 - Court Applies Statute of Repose to Dismiss Counts of Complaint for Negligence, Breach of Contract and Indemnification – because Negligence was at Issue in each Count
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ConstructionRisk Report (August 2023)
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Ethics for Engineers

Design professional’s design duty to mitigate against extreme weather events

Risk Management of Code Compliance

Design Professional’s Design Duty to Mitigate Against Extreme Weather Events

QA/QC and Efficiency Tactics for Design Professionals

Lessons Learned 2017 Litigation

Sexual Harassment in the Workplace Webinar

AIA B101 – Comparing 2007 & 2017 Owner-Architect Agreement

Design Professional – Contract Review Workshop

Design Professional Litigation – Lessons Learned 2016

Design-Build Risk Management

Design Professional Litigation 2015

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Environmental - Kent Holland
Professional Liability - Ken Slavens, Husch Blackwell

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