- A1 - Contractual Agreement can shorten statutory Time Limit for Bringing Suit
- A2 - $50,000 Limitation of Liability Clause Enforced Although Eight Percent of Designer’s Fee
- A3 - Suit Dismissed with Prejudice because Certificate of Merit not filed with Complaint
- A4 - $2 million Slip and Fall Verdict for Scaffolding Accident Thrown Out because Laborer Proved Elements of Premises Liability but Judge’s Jury Instruction Mistakenly Only Addressed General Negligence. A costly Trial Error
- A5 - 10 tips for making the home safer for elderly relatives
- A1 - Professional Liability Exclusion in CGL Policy Barred Coverage for $25 Million Damages Claim from Ruptured Pipe Line
- A2 - Building Code Requirements Imposed Non-Delegable Duty on General Contractor for Safety Guardrails
- A3 - Construction Manager not Responsible for Injuries to a Contractor’s Employee where it had no Ability to Control the Contractor’s Activity
- A4 - CM/General Contractor, as a Statutory Employer, is Entitled to Workers’ Compensation Act Immunity from Suit by Subcontractor’s Injured Employee
- A1 - Economic Loss Doctrine did not bar a Contractor’s Negligent Misrepresentation Claim against Architect Seeking Indemnity against Subcontractor Delay Claim
- A2 - Implied Warranty of Habitability does not Apply to Design Professionals and Material Suppliers who did not Perform Construction Work on Condominium
- A3 - Americans with Disability Act (ADA) Penalties against Project Owner can be Recovered from Engineer and Contractor through Indemnification and Contribution Claims
- A4 - Indemnification Clause that Included Voidable Provision was Enforced to Extent Legally Permissible Instead of Throwing out Entire Clause
- A1 - Common-Enterprise Defense Prevents Employee that Recovered Workers Compensation from also Recovering from Other Contractor
- A2 - Indemnity Obligation Includes First Party Attorneys Fees Based on Language of the Clause
- A3 - Architect Cannot Enforce Mechanic’s Lien for Design Services Performed Offsite Where it Failed to Provide Actual Notice to Landowner that it was Performing Services
- A4 - Corporate Asset Purchaser Not Liable as a Mere Continuation of the Corporation
- A1 - Pollution Exclusion Can’t be Applied to Carbon Monoxide Poisoning Caused from Covered Occurrence Under Different Provision of Policy
- A2 - Architect/Design-Builder Responsible for Construction Subcontractor’s Site Safety
- A3 - Limitation of Liability Clause Enforced to Limit Recovery to only $550,000 of a $9.5 Million Jury Verdict
- A4 - Economic Loss Rule Does not Apply to Fraud Claims
- A1 - Arbitration or Jury Trial- Which is the better choice for A/E’s?
- A2 - Indemnification Clause Unenforceable where Inconsistent with a State’s Contribution Act Applicable to Joint Tortfeasors
- A3 - Lead-Based Paint Is a "Pollutant" within CGL Pollution Exclusion
- A4 - Economic Loss Doctrine Does Not Bar Negligent Misrepresentation Claim against Design Professional
- A1 - Essential to Engage Your Insurance Broker to Review Additional Insured Endorsement Requirements in Contracts
- A2 - Indemnification and Defense Obligation Applied to Owner’s First-Party Claim to Require Engineer to Defend Owner Against Run of the Mill Contractor Claim
- A3 - Court Affirms that Indemnification Clauses Traditionally Used and Interpreted as Extending Only to Third-Party Claims – Cannot be Used for First Party Damages from Breach of Contract
- A4 - Government Can’t Use Contract’s General Disclaimer of Reliance on Site Information to Deny Differing Site Condition Claim (Metcalf v. U.S. precedent)
- A1 - Who has Responsibility for Jobsite Safety is Determined by Contract Language
- A2 - Additional Insured—Owners, Lessees or Contractors—Automatic Status for Other Parties When Required in Written Construction Agreement (CG 20 38 04 13)
- A3 - Contractor Not Liable for Costs to Correct Wooden Decking that was installed per the Design Specifications but was Inappropriate for the Climate and Location
- A4 - Economic Loss Doctrine Bars Claim against Designer by a Third Party Seeking Purely Economic Losses
- A1 - “Pay-when-paid” treated as a “Pay-IF-paid” due to Condition Precedent Language (Virginia law)
- A2 - Pay-if-Paid Clause Enforced to Deny Payment to Subcontractor (Missouri law)
- A3 - Correcting the Additional Insured Problem when Named Insured is not in Privity of Contract with Additional Insured
- A4 - Professional Liability Exclusion in CGL Policy Bars A/E from GCL Additional Insured Coverage for Laborer’s Injuries From Alleged Failure to Plan for Safe Removal of Digester Tank Lid
- A5 - Encountering Soil Conditions Differing from data in Government Provided Geotechnical Report Entitled Design-Builder to Differing Site Condition Recovery (ASBCA Decision)
- A1 - CGL Coverage for Consequential Damages to Condo Resulting from Rain Intrusion Allegedly Caused by Subcontractor’s Work
- A2 - Indemnification Clause Required Indemnification Only for Damages Caused by Indemnitor
- A3 - Undocumented Immigrant Entitled to Access to Court to Pursue Personal Injury Action against Contractor
- A4 - Construction Manager is not Additional Insured under Contractor’s CGL policy Despite Owner/Prime Contract Requiring Contractor to Name CM as Additional Insured
- A5 - Engineer has no Affirmative Duty to Supervise Jobsite Safety Absent Contract Language or Conduct
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