ConstructionRisk Report (March 2020)

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

ConstructionRisk.com Report (Feb 2020)

A1 - Contractor not a Third Party Beneficiary of Engineer’s Contract with Owner
A2 - Homeowner Suit against Project Developer’s Geotechnical Engineer Barred by Economic Loss Doctrine
A3 - Certificate of Insurance Binds Carrier to Provide Insurance to the Entity that was Incorrectly Listed as an Additional Insured
A4 - Unlicensed Contractor Forfeits Right to Recover All Fees

A1 - Design-Builder Unsuccessful in Suit against Engineering Subconsultant for Cost Overruns. Preliminary Drawings Can’t be Expected to be as Precise as Final Documents
A2 - There Must be an Alleged Negligent Act of the Named Insured to Trigger Coverage for an Additional Insured under a CGL policy

A1 - Acceptance Doctrine Prevents Construction Defect Suit
A2 - Waiver of Subrogation Enforceable on Gross Negligence Claims
A3 - CGL Carriers Had no Duty to Defend Professional Liability Claim against Designer of Pedestrian Bridge that Collapsed at Florida International University

A1 - Inspection of Contractor’s Allegedly Defective Work Subjects Architect to Personal Injury Action
A2 - Indemnification Obligation of Contractor to Architect for Subcontractor Employee Injury
A3 - Prime Contractor Duty to Timely Submit Subcontractor Change Orders to Project Owner (Government)
A4 - Ambiguous Specifications Interpreted in Favor of Government Contractor