ConstructionRisk.com Report (Jan 2018)

A1 - Professional Liability Exclusion in CGL Policy Barred Coverage for $25 Million Damages Claim from Ruptured Pipe Line
A2 - Building Code Requirements Imposed Non-Delegable Duty on General Contractor for Safety Guardrails
A3 - Construction Manager not Responsible for Injuries to a Contractor’s Employee where it had no Ability to Control the Contractor’s Activity
A4 - CM/General Contractor, as a Statutory Employer, is Entitled to Workers’ Compensation Act Immunity from Suit by Subcontractor’s Injured Employee

ConstructionRisk.com Report (Dec 2017)

A1 - Economic Loss Doctrine did not bar a Contractor’s Negligent Misrepresentation Claim against Architect Seeking Indemnity against Subcontractor Delay Claim
A2 - Implied Warranty of Habitability does not Apply to Design Professionals and Material Suppliers who did not Perform Construction Work on Condominium
A3 - Americans with Disability Act (ADA) Penalties against Project Owner can be Recovered from Engineer and Contractor through Indemnification and Contribution Claims
A4 - Indemnification Clause that Included Voidable Provision was Enforced to Extent Legally Permissible Instead of Throwing out Entire Clause

A1 - Common-Enterprise Defense Prevents Employee that Recovered Workers Compensation from also Recovering from Other Contractor
A2 - Indemnity Obligation Includes First Party Attorneys Fees Based on Language of the Clause
A3 - Architect Cannot Enforce Mechanic’s Lien for Design Services Performed Offsite Where it Failed to Provide Actual Notice to Landowner that it was Performing Services
A4 - Corporate Asset Purchaser Not Liable as a Mere Continuation of the Corporation

A1 - Pollution Exclusion Can’t be Applied to Carbon Monoxide Poisoning Caused from Covered Occurrence Under Different Provision of Policy
A2 - Architect/Design-Builder Responsible for Construction Subcontractor’s Site Safety
A3 - Limitation of Liability Clause Enforced to Limit Recovery to only $550,000 of a $9.5 Million Jury Verdict
A4 - Economic Loss Rule Does not Apply to Fraud Claims

A1 - Arbitration or Jury Trial- Which is the better choice for A/E’s?
A2 - Indemnification Clause Unenforceable where Inconsistent with a State’s Contribution Act Applicable to Joint Tortfeasors
A3 - Lead-Based Paint Is a "Pollutant" within CGL Pollution Exclusion
A4 - Economic Loss Doctrine Does Not Bar Negligent Misrepresentation Claim against Design Professional