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

ConstructionRisk Report (May 2022)

• A1 - Standard of Care for Preliminary Design (Teaming Agreements)
• A2 - Where Prime Failed to Require Indemnity from Its Sub and Failed to be Named as Additional Insured – its CGL Carrier Had No Coverage Responsibility
• A3 - Moonlighters convicted of Forgery and Identity Theft for Unlawfully Using Engineering Seal and Signature of Employer
• A4 - Engineer May be Liable for Injuries Suffered by Construction Worker who was Injured on Jobsite

ConstructionRisk Report (March 2022)

• A1 - Payment Provision Concerns in Design and Construction Contracts Video
• A2 - Managing Risks of Payment Provisions in Design and Construction Contracts
• A3 - Plaintiff Failed to Admit Requests for Admissions – and Defendant who won at Trial was entitled to Recover Attorneys’ Fees
• A4 - Insufficient Basis to Pierce Corporate Veil

ConstructionRisk Report (February 2022)

• A1 - Spoliation of Evidence (homeowner tore down retaining walls)
• A2 - Oral Contract did not Include Indemnification and Additional Insured Obligations