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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
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ConstructionRisk Report (May 2025)
ConstructionRisk Report (April 2025)
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Design Professional’s Design Duty to Mitigate Against Extreme Weather Events

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Lessons Learned 2017 Litigation

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