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

ConstructionRisk.com Report (Nov 2017)

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

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)