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ConstructionRisk.com Report (February 2019)

  • A1 - Faulty Work is not Occurrence Covered by CGL Policy Even Under Subcontractor Work Exclusion
  • A2 - Resulting Loss from Faulty Work are Covered by Homeowner Policy
  • A3 - Warranty of Habitability Suit Barred by Statute of Limitations for Contracts Instead of Torts
  • A4 - Filing a Mediation Demand does not Toll Statute of Limitations for Filing Suit
  • A5 - Insured Contract Exception to Contractual-Liability Exclusion

ConstructionRisk.com Report (January 2019)

  • A1 - Safety Consultant May be Liable for Death of Client’s Employee
  • A2 - Construction Manager Not Liable for Defective Work by Contractor
  • A3 - Contractor Cannot Sue Engineer for Damages Allegedly Caused by Construction Administration
  • A4 - Contractor Suit against Engineer for Negligent Design Dismissed
  • A5 - Contractual Liability Exclusion in Homeowner Policy Does not Bar Carrier’s Duty to Defend against Tort Claims for Damages arising out of Negligent Excavation

ConstructionRisk.com Report (October 2018)

  • A1 - Design Professional Duty to Mitigate Against Storm and Flood damage
  • A2 - An Engineering Intern Could not be Liable for Professional Negligence
  • A3 - Suit Limited to Breach of Contract/Warranty – Negligence Count was Duplicative and Dismissed
  • A4 - Contractor May Sue Construction Manager for Losses Due to Alleged Poor Project Oversight and Interference with Contractor’s Work
  • A5 - Contractor Entitled to Summary Judgment against Project Owner’s Negligence Claim where Contractor had no Design Responsibility for Disc Filter Equipment Provided by its Vendor pursuant to the Project Specifications
  • A6 - Contractor can’t be Sued for Damages Contribution by Engineer Where Contractor has no Possible Tort Liability to Injured Parties

ConstructionRisk.com Report (September 2018)

  • A1 - Webinar (on demand): Quality Assurance/Quality Control for Designers & Design-Builders
  • A2 - Design Professional Duty to Mitigate Against Storm and Flood damage
  • A3 - Suggested Wording to Use When Revising and Redlining Design Professional Contracts for Risk Allocation and Insurability of Risks

ConstructionRisk.com Report (August 2018)

  • A1 - Indemnification Duty not Incorporated by Reference to Prime Contract
  • A2 - Contractor may Sue Design Firms for Defective Plans & Specs on which They Relied
  • A3 - Parol Evidence not Permitted to Alter Integrated Contract - Quantum Meruit Claim Fails
  • A4 - Indemnification Clause Unenforceable Where it did not Clearly Require Indemnification for the Indemnitee’s Own Negligence
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