A1 - Essential to Engage Your Insurance Broker to Review Additional Insured Endorsement Requirements in Contracts
A2 - Indemnification and Defense Obligation Applied to Owner’s First-Party Claim to Require Engineer to Defend Owner Against Run of the Mill Contractor Claim
A3 - Court Affirms that Indemnification Clauses Traditionally Used and Interpreted as Extending Only to Third-Party Claims – Cannot be Used for First Party Damages from Breach of Contract
A4 - Government Can’t Use Contract’s General Disclaimer of Reliance on Site Information to Deny Differing Site Condition Claim (Metcalf v. U.S. precedent)
A1 - Who has Responsibility for Jobsite Safety is Determined by Contract Language
A2 - Additional Insured—Owners, Lessees or Contractors—Automatic Status for Other Parties When Required in Written Construction Agreement (CG 20 38 04 13)
A3 - Contractor Not Liable for Costs to Correct Wooden Decking that was installed per the Design Specifications but was Inappropriate for the Climate and Location
A4 - Economic Loss Doctrine Bars Claim against Designer by a Third Party Seeking Purely Economic Losses
A1 - “Pay-when-paid” treated as a “Pay-IF-paid” due to Condition Precedent Language (Virginia law)
A2 - Pay-if-Paid Clause Enforced to Deny Payment to Subcontractor (Missouri law)
A3 - Correcting the Additional Insured Problem when Named Insured is not in Privity of Contract with Additional Insured
A4 - Professional Liability Exclusion in CGL Policy Bars A/E from GCL Additional Insured Coverage for Laborer’s Injuries From Alleged Failure to Plan for Safe Removal of Digester Tank Lid
A5 - Encountering Soil Conditions Differing from data in Government Provided Geotechnical Report Entitled Design-Builder to Differing Site Condition Recovery (ASBCA Decision)
A1 - CGL Coverage for Consequential Damages to Condo Resulting from Rain Intrusion Allegedly Caused by Subcontractor’s Work
A2 - Indemnification Clause Required Indemnification Only for Damages Caused by Indemnitor
A3 - Undocumented Immigrant Entitled to Access to Court to Pursue Personal Injury Action against Contractor
A4 - Construction Manager is not Additional Insured under Contractor’s CGL policy Despite Owner/Prime Contract Requiring Contractor to Name CM as Additional Insured
A5 - Engineer has no Affirmative Duty to Supervise Jobsite Safety Absent Contract Language or Conduct
A1 - Contractor Under a GMP Contract Cannot Make Indemnification Claim against Engineer for Inaccurate Design Documents that Caused Extra Costs where there was no Third Party Claim
A2 - Prime Contractor not Liable for Injuries of Subcontractor’s Employee where Prime Retained no Control of Individual’s Work
A3 - Project Owner Not Liable for Injuries of Employee of Contractor
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