ConstructionRisk Report (May 2021)

A1 - Subcontractor Entitled to Recover Costs of Removing Asphalt Pavement instead of Limited Amount of Concrete Pavement as Specified
A2 - Contractor Cannot make Performance Bond Claim when it Failed to Terminate its Subcontractor
A3 - Contractor had no Professional Liability Coverage under CGL Policy

ConstructionRisk Report (April 2021)

A1 - Indemnification Unenforceable against Design Firm by Construction Contractor
A2 - Individual was not an “Agent” entitled to Indemnification
A3 - Economic Loss Doctrine Bars Suit by Developer against a Subcontractor

A1 - Brand Name or Equal Specification Makes Contractor Responsible for Design Changes Necessary for use of the Or Equal
A2 - Road Construction Contractor Owed Duty of Care to Motorist

A1 - Government Contractor Entitled to Time Extension (but not Costs) Caused by Pandemic Delay to Project
A2 - Upcoming Webinar Provides Insights from Leading Construction General Counsel
A3 - Design Professional Contracts: 1 Minute Construction Risk Management Video Series
A4 - General Contractor Allowed to Bring Third Party Claim against Architect for Defective Specifications

A1 - Dispute under Design-Build Teaming Agreement and Subcontract may be Subject to Arbitration even if Statute of Limitations has Lapsed
A2 - Economic Loss Doctrine Applied to Dismiss Homeowner Suit against Geotechnical Firm that Issued Soils Report to Developer
A3 - Fraud Claims against Engineer Dismissed for Lack of Specificity

A1 - No Equitable Relief for Contractor that Failed to Comply with Specifications Requiring Wiring Conduit Even Though Government Inspectors Didn’t Object Until Late in the Job. No Estoppel against Government.
A2 - CGL Carrier Owes No Duty to Defend Design-Builder against Project Owner’s Counterclaim alleging Damages from Defective Work
A3 - Economic Loss Doctrine Prohibits Claim by One Subcontractor against Another for Economic Losses Caused by Delay
A4 - Waiver of Subrogation Clause In Owner’s AIA Contract Prevents a Contractor from being Sued in a Contribution Action by another Contractor as a Joint Tortfeasor

A1 - Malpractice Statute of Limitations applies to Breach of Contract Claims asserting Negligent Supervision but Indemnification Obligations Extend Time for Filing Suit
A2 - Negligence Claim against Architect Governed by Malpractice Rather than Contract Statute of Limitations

A1 - Insurance Coverage Issues Related to Coronavirus Pandemic
A2 - Fiduciary Duty not Owed by Contractor in Absence of Contract Language Expressly Stating So
A3 - Contractor has no Duty to Inspect for Asbestos Before starting Renovation of Single Family House (under Colorado law)
A4 - Insurance Company not Obligated to pay Damages agreed to by Contractor under Settlement Agreement with Owner where Damages not Allocated between Covered and Non-covered Damages
A5 - Risk and Liability Considerations for Coronavirus Related Services

A1 - Professional Liability Insurance doesn't Cover Actions for Tortious Interference with Business Expectancy or Intentional Breach of Contract
A2 - Questions Concerning whether there was Negligence and whether an Indemnification Obligation was Triggered must be Decided by Jury and not on Summary Judgment Motion
A3 - CPM Schedule is Required in order to Prove Delay Claim. Jury Verdict Method Approved for Measuring Damages in Absence of Detailed Documentation
A4 - Differing Site Condition Claim Win for Contractor