ConstructionRisk.com Report (April 2016)

A1 - 90 Day Deadline for Filing Appeal to Civilian Board of Contract Appeals Strictly Enforced
A2 - Actual Malice Is Not Required For Claims of Tortious Interference With Contractual and Advantageous Relations
A3 - Owner Allowed to Sue Design Subconsultant Despite Lack of Contractual Privity
A4 - Waiver of Subrogation Upheld to Bar Insurance Carrier Claim against Contractor
A5 - Contractor that is Individual Member of LLC has no Personal Liability for Negligence as a “Professional”
A6 - Contract Negotiation Tip of the month: Prevailing Party Clauses

ConstructionRisk.com Report (March 2016)

A1 - Architect Not Liable for Implied Warranty of Habitability
A2 - Scaffolding Collapse: Engineer, Architect, and Project Owner Not Liable for Injuries
A3 - Architect’s Copyright Infringement Case Dismissed because no Evidence of Substantial Similarity
A4 - A Claim Under the Negligent Misrepresentation Exception to the Economic Loss Doctrine May Be Predicated on Implied Representations

A1 - Contractor’s Defamation Suit against Inspector Dismissed due to Conditional Privilege to Advise Owner Concerning Contractor’s Work
A2 - Cosmetic Defects Found To Be Basis For Termination Of Contractor For Default
A3 - Choice of Law and Forum Selection Clause in Design Subcontract Unenforceable in California
A4 - A Condominium HOA Suit against Designer and Contractor Dismissed for Lack of Adequate Expert Testimony on Damages

A1 - Architect not Liable to Home Purchaser for Economic Losses Caused by Failed Sewage Disposal System that Architect Certified to Local Government as Meeting Permit Requirements
A2 - Statute of Repose Bars Homeowner Suit against Contractor for Work Performed More than 10 Years Before Suit
A3 - Prime Contractor Liable for Failing to Pay Sub Full Amount the Prime Received from Government for the Sub’s Work
A4 - Federal Court Holds Engineer May Be Liable to Contractor for Both Breach of Professional Duty and Negligent Misrepresentation
A5 - Developer is Third Party Beneficiary of Window Manufacturer’s Warranty but Economic Loss Doctrine Prevents Recover of Consequential Damages

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