ConstructionRisk Report (July 2019)

A1 - Indemnification in California Still Includes Automatic Duty to Defend – Court Relies on Crawford v. Weather Shield
A2 - Suit Dismissed with Prejudice because Failed to File Certificate of Merit
A3 - Statute of Repose Starts Running When Subsystem is Installed Rather than When Entire House Reaches Certificate of Occupancy
A4 - Dispute Clause Interpretation in Prime and Subcontract Language

ConstructionRisk Report (June 2019)

A1 - Will Floodgates of Litigation Open against Engineers for Failure to Design to Avoid Damages from Extreme Weather?
A2 - Indemnification
A3 - Wrongful Termination-Interference with Contract
A4 - Economic Loss Doctrine Prevents Subcontractor from Suing Engineer
A5 - Rejected Low Bidder Lacks Third Party Beneficiary Right to Sue Engineer for Contract Interference

A1 - Binding Arbitration Mandated by the Roof Shingles Wrapper
A2 - Broad Form Indemnification Clause Violated State Anti-Indemnity Statute
A3 - Indemnification not Owed by Engineer Inspectors to Design-Builder Whose Own Negligence caused Damages
A4 - Site Safety – No Duty of Care Owed by General Contractor to Subcontractor’s Employee
A5 - Termination of Subcontractor was Improper

A1 - Why Getting the Wrong Result in Arbitration May Be What You Bought
A2 - Indemnification is only for Third Party Claims Unless Clause Expressly States it applies to First Party Damages
A3 - Certificate of Merit not Required with Joinder Complaint against Architect
A4 - Project Owner Can’t Sue Architect working under subcontract to Design-Builder for Alleged Negligent Approval of Pay Applications
A5 - City not a Third Party Beneficiary of Design Professional’s Contract
A6 - Project Owner Can’t Sue Design-Build Contractor’s Design Subcontractor

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