ConstructionRisk Report (Oct 2019)

A1 - Acceptance Doctrine Prevents Construction Defect Suit
A2 - Waiver of Subrogation Enforceable on Gross Negligence Claims
A3 - CGL Carriers Had no Duty to Defend Professional Liability Claim against Designer of Pedestrian Bridge that Collapsed at Florida International University

ConstructionRisk Report (Sep 2019)

A1 - Inspection of Contractor’s Allegedly Defective Work Subjects Architect to Personal Injury Action
A2 - Indemnification Obligation of Contractor to Architect for Subcontractor Employee Injury
A3 - Prime Contractor Duty to Timely Submit Subcontractor Change Orders to Project Owner (Government)
A4 - Ambiguous Specifications Interpreted in Favor of Government Contractor

A1 - Prime Contractor Liable for Injuries to Subcontractor Employee (No Indemnification Recovered)
A2 - Engineer Had no Duty to Warn a Contractor’s Employee of Dangerous Condition of Roof
A3 - Defective Work by Flooring Subcontractor that Causes Damage to Work of other Subcontractors on the Flooring Subsystem Covered by CGL Policy
A4 - Accepting Late Performance of Work Does Not Bar Recovery for Delay Damages

A1 - Indemnification in California Still Includes Automatic Duty to Defend – Court Relies on Crawford v. Weather Shield
A2 - Suit Dismissed with Prejudice because Failed to File Certificate of Merit
A3 - Statute of Repose Starts Running When Subsystem is Installed Rather than When Entire House Reaches Certificate of Occupancy
A4 - Dispute Clause Interpretation in Prime and Subcontract Language

A1 - Will Floodgates of Litigation Open against Engineers for Failure to Design to Avoid Damages from Extreme Weather?
A2 - Indemnification
A3 - Wrongful Termination-Interference with Contract
A4 - Economic Loss Doctrine Prevents Subcontractor from Suing Engineer
A5 - Rejected Low Bidder Lacks Third Party Beneficiary Right to Sue Engineer for Contract Interference

A1 - Binding Arbitration Mandated by the Roof Shingles Wrapper
A2 - Broad Form Indemnification Clause Violated State Anti-Indemnity Statute
A3 - Indemnification not Owed by Engineer Inspectors to Design-Builder Whose Own Negligence caused Damages
A4 - Site Safety – No Duty of Care Owed by General Contractor to Subcontractor’s Employee
A5 - Termination of Subcontractor was Improper

A1 - Why Getting the Wrong Result in Arbitration May Be What You Bought
A2 - Indemnification is only for Third Party Claims Unless Clause Expressly States it applies to First Party Damages
A3 - Certificate of Merit not Required with Joinder Complaint against Architect
A4 - Project Owner Can’t Sue Architect working under subcontract to Design-Builder for Alleged Negligent Approval of Pay Applications
A5 - City not a Third Party Beneficiary of Design Professional’s Contract
A6 - Project Owner Can’t Sue Design-Build Contractor’s Design Subcontractor

A1 - Faulty Work is not Occurrence Covered by CGL Policy Even Under Subcontractor Work Exclusion
A2 - Resulting Loss from Faulty Work are Covered by Homeowner Policy
A3 - Warranty of Habitability Suit Barred by Statute of Limitations for Contracts Instead of Torts
A4 - Filing a Mediation Demand does not Toll Statute of Limitations for Filing Suit
A5 - Insured Contract Exception to Contractual-Liability Exclusion

A1 - Safety Consultant May be Liable for Death of Client’s Employee
A2 - Construction Manager Not Liable for Defective Work by Contractor
A3 - Contractor Cannot Sue Engineer for Damages Allegedly Caused by Construction Administration
A4 - Contractor Suit against Engineer for Negligent Design Dismissed
A5 - Contractual Liability Exclusion in Homeowner Policy Does not Bar Carrier’s Duty to Defend against Tort Claims for Damages arising out of Negligent Excavation

A1 - Design Professional Duty to Mitigate Against Storm and Flood damage
A2 - An Engineering Intern Could not be Liable for Professional Negligence
A3 - Suit Limited to Breach of Contract/Warranty – Negligence Count was Duplicative and Dismissed
A4 - Contractor May Sue Construction Manager for Losses Due to Alleged Poor Project Oversight and Interference with Contractor’s Work
A5 - Contractor Entitled to Summary Judgment against Project Owner’s Negligence Claim where Contractor had no Design Responsibility for Disc Filter Equipment Provided by its Vendor pursuant to the Project Specifications
A6 - Contractor can’t be Sued for Damages Contribution by Engineer Where Contractor has no Possible Tort Liability to Injured Parties