ConstructionRisk Report (July/August 2020)

A1 - No Equitable Relief for Contractor that Failed to Comply with Specifications Requiring Wiring Conduit Even Though Government Inspectors Didn’t Object Until Late in the Job. No Estoppel against Government.
A2 - CGL Carrier Owes No Duty to Defend Design-Builder against Project Owner’s Counterclaim alleging Damages from Defective Work
A3 - Economic Loss Doctrine Prohibits Claim by One Subcontractor against Another for Economic Losses Caused by Delay
A4 - Waiver of Subrogation Clause In Owner’s AIA Contract Prevents a Contractor from being Sued in a Contribution Action by another Contractor as a Joint Tortfeasor

ConstructionRisk Report (May 2020)

A1 - Malpractice Statute of Limitations applies to Breach of Contract Claims asserting Negligent Supervision but Indemnification Obligations Extend Time for Filing Suit
A2 - Negligence Claim against Architect Governed by Malpractice Rather than Contract Statute of Limitations

A1 - Insurance Coverage Issues Related to Coronavirus Pandemic
A2 - Fiduciary Duty not Owed by Contractor in Absence of Contract Language Expressly Stating So
A3 - Contractor has no Duty to Inspect for Asbestos Before starting Renovation of Single Family House (under Colorado law)
A4 - Insurance Company not Obligated to pay Damages agreed to by Contractor under Settlement Agreement with Owner where Damages not Allocated between Covered and Non-covered Damages
A5 - Risk and Liability Considerations for Coronavirus Related Services

A1 - Professional Liability Insurance doesn't Cover Actions for Tortious Interference with Business Expectancy or Intentional Breach of Contract
A2 - Questions Concerning whether there was Negligence and whether an Indemnification Obligation was Triggered must be Decided by Jury and not on Summary Judgment Motion
A3 - CPM Schedule is Required in order to Prove Delay Claim. Jury Verdict Method Approved for Measuring Damages in Absence of Detailed Documentation
A4 - Differing Site Condition Claim Win for Contractor

A1 - Contractor not a Third Party Beneficiary of Engineer’s Contract with Owner
A2 - Homeowner Suit against Project Developer’s Geotechnical Engineer Barred by Economic Loss Doctrine
A3 - Certificate of Insurance Binds Carrier to Provide Insurance to the Entity that was Incorrectly Listed as an Additional Insured
A4 - Unlicensed Contractor Forfeits Right to Recover All Fees

A1 - Design-Builder Unsuccessful in Suit against Engineering Subconsultant for Cost Overruns. Preliminary Drawings Can’t be Expected to be as Precise as Final Documents
A2 - There Must be an Alleged Negligent Act of the Named Insured to Trigger Coverage for an Additional Insured under a CGL policy

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

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