ConstructionRisk.com Report (December 2015)

A1 - Contractor’s Code Violation Does Not Create Negligence Cause of Action by Subsequent Homeowner
A2 - Only Jury (and not the trial judge) Can Use the Parties' Course of Dealings to Determine the Meaning of an Ambiguous Contract
A3 - Termination for Convenience Clause does not require Reason for Termination or Render Contract Illusory
A4 - Engineer’s Lien Effective only from Date Filed, and did not Relate Back to Beginning of Construction

ConstructionRisk.com Report (November 2015)

A1 - Indemnification Action Only Accrues for Statute of Limitation Purposes on Date Indemnitee Pays Judgment or Settlement
A2 - CGL Policy Held to Cover Costs of Correcting SubContractor’s Defective Work Including the Work Itself
A3 - Where Flow-Down Clause Limits Incorporation Of The Design-Build Prime Contract, Allocation of Liability In The Subcontract Will Govern
A4 - Piercing the Architectural Firm’s Corporate Veil

A1 - When Engineer Refused Obligations under an Indemnification Clause to Defend its Homebuilder Client, Suit Against it for Breach of Contract does not Require Certificate of Merit
A2 - AIA Contract Showed Architect’s Intent to Grant Owner an Implied License to Use Drawings
A3 - Failure to Design According to the IBC Was Not Breach of Contract But Could be Malpractice
A4 - "Or Equal" Vendor Can Sue Architect for Tortious Interference with Contract for Drafting Disguised Sole Source Specification and Rejecting Or Equal Bid

A1 - Liquidated Damages Imposed on Contractor Even Where Contract was Terminated for Convenience and There was No Proof of Actual Damages
A2 - Court Holds New Jersey Affidavit of Merit must be from Like-Licensed Professional
A3 - Private Engineering Firm that Functioned as City Engineer Entitled to Official Immunity
A4 - Indemnity Clause Void & Unenforceable Because Sub was not Sole Cause of Damages
A5 - Economic Loss Rule Bars Concrete Supplier's Claim Against Design Engineer

A1 - Court Has No Jurisdiction Over a Contractor Claim that Was Based on an Issue Raised to the Contracting Officer for Final Determination but Not Sufficiently Detailed and Explained; Notice Provisions Enforced Against Contractor, and Liquidated Damages Held to be Enforceable
A2 - Owner and General Contractor Liability Under the Exceptions to the Independent Contractor Rule
A3 - A/E Failure to Meet Standard of Care Entitles Project Owner to Recover on Negligence Claim but not for Breach of Contract
A4 - Construction Defect Inspector Protected Against Contractor Defamation Suit