ConstructionRisk Report (November 2022)

• A1 - Economic Loss Doctrine Applied in Utah to Bar Tort Claim against Real Estate Seller. And Prevailing Party Attorneys Fees Awarded
• A2 - Economic Loss Doctrine Enforced in Arizona to Bar Negligence Action by Project Owner against Engineering Subcontractor
• A3 - Broad Arbitration Clause Flowed Down to Subcontractor Requiring it to Arbitrate Claim against Prime Even though not in Dispute with Owner

ConstructionRisk Report (October 2022)

• A1 - $3 Million Punitive Damage Award for Misrepresentation Reversed Due to Economic Loss Doctrine and also Waiver of Consequential Damages Clause in Contract (Prevailing Party Attorneys Fees also Awarded)

ConstructionRisk Report (August 2022)

• A1 - Contractor based its Bid on a Design-Build Project on an Erroneous Low Quote from Equipment Supplier whom it then Sued for Detrimental Reliance, Negligence and negligent misrepresentation
• A2 - Design Professionals in Arizona no Longer Owe Duty to Third Parties for Economic Loss
• A3 - Arbitration Demand may be filed after Statute of Limitations Period for Filing Litigation (Maryland Law)

ConstructionRisk Report (July 2022)

• A1 - Washington State DOT v. Seattle Tunnel Partners: Appellate Court Affirms Denial of DSC Claim Involving Tunnel Boring Machine
• A2 - Uninsurable Duty Under Compliance with Law Clause
• A3 - Prime Breached Good Faith Duty to Tender Subcontract Claim to Owner
• A4 - Arbitration Award Confirmed by Court

ConstructionRisk Report (June 2022)

• A1 - Contract Clauses – Short Videos (2 minutes each) on Risk Allocation for Key Contract Clauses
• A2 - Construction Manager may be liable to worker who fell through skylight
• A3 - Equitable Indemnity Denied where Indemnitees could not prove they were not at fault