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

ConstructionRisk.com Report (June 2018)

A1 - Third Party Beneficiary Claim against Subcontractor
A2 - Lien Waiver and Release Forfeited Prime’s Right to Assert Subcontractor Pass-Through Claim
A3 - Single Employer Site Safety Liability: GC Found Responsible for Acts of its Subcontractor

A1 - Why a Project Owner Isn’t Made an Additional Insured Under a Design Professional Policy
A2 - Contract Language Made Code Compliance a separate Duty from the Standard of Care Duty
A3 - Subcontractor Indemnification to Prime for Arbitration Award to Homeowner is Barred because Award did not explain basis for decision and would violate anti-indemnity statute if Prime was negligent
A4 - Statute of Limitations Began to Run on Date Homeowner Saw Rust on Roof and not from Date Leaking Began
A5 - Texas Certificate of Merit Requirement Does not apply to Third-Party Contribution Claims

A1 - Construction Manager Owes Independent Duty of Care to Contractor – Economic Loss Affords no Protection
A2 - Implied Contract Allows Subcontractor to make claim directly against project Owner for Unjust Enrichment and Get Around Pay-if-Paid Clause
A3 - Labor Shortage is Slowing Down Construction
A4 - Builders Risk Policy Faulty Workmanship Exclusion applied to Wall Collapse

A1 - Subcontractor Failure to do Soil-Compaction Testing was Covered by General Contractor’s CGL Policy as an Occurrence that Caused Damages to Building
A2 - Arbitration Provision of Prime Contract Incorporated by Reference into Subcontract, Requiring Subcontractor to Arbitrate its Claims
A3 - Contractor Cannot Sue Project Engineer as Owner's Agent on Implied-in-Fact Contract. Signing Check that contained the words “Final Payment” Constituted Accord and Satisfaction
A4 - Contractor’s CGL Policy Professional Liability Exclusion Precludes Coverage for Damages from Subcontracted Land Surveyor’s Error
A5 - Spearin Doctrine Applies to Design-Build Contracts allowing Trade Subcontractor to Rely on Designs Provided by Engineer/Subcontractor