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ConstructionRisk.com Report (August 2014)

  • A1 - Arbitration Decision in Condo Claims Against Contractor Constituted Collateral Estoppel, Barring Subsequent Litigation by Condo against Architect
  • A2 - Multi-Employer Worksite Doctrine Inapplicable in Utah
  • A3 - Clarifying the Confusing World of Indemnification, Hold Harmless, and Defense Clauses
  • A4 - No Duty To Defend under CPL Policy for Natural Gas Pipe Explosion
  • A5 - Up in the Air: The Emerging Risk of Drones in the Construction Industry

ConstructionRisk.com Report (July 2014)

  • A1 - Prime Designers in California Held to Owe Duty to Future Purchasers
  • A2 - Guide to Architecture and Engineering Pre-Construction Meetings
  • A3 - A/E Subject to Liability for Code Compliance Pursuant to Contract Language Setting Obligation Exceeding Generally Accepted Standard of Care
  • A4 - Differing Site Conditions: Trial Necessary to Determine if Federal Contractor Entitled to Relief
  • A5 - Insurance Broker not Liable to its Client When Insurance Program Failed and was Put into State Receivership

ConstructionRisk.com Report (June 2014)

  • A1 - Court Excludes Evidence of Subcontractor’s Workplace Safety Violations Because Deceased Worker Was Not its Employee
  • A2 - Guide to Pre-Construction Meetings
  • A3 - Statute of Limitations on Obvious Defect Enforced to Dismiss A/E from Suit: Standard of Care May Exceed Code Requirements
  • A4 - Reservation of Rights to Make a Cumulative Impact Claim
  • A5 - Letter to Construction Attorneys – Invitation to Join ABA Forum on Construction Industry

ConstructionRisk.com Report (May 2014)

  • A1 - EIFS Repairs Covered without Insurer's Consent
  • A2 - The CGL and the Professional Liability Exclusion
  • A3 - Contractually Imposed Time Limit for Filing Suit is Enforced to Dismiss Claim Against Home Builder
  • A4 - Contractual Requirement May be Waived Despite “Non-Waiver Clause” Stating to the Contrary
  • A5 - Court Bars Defendant’s Expert At Trial And Sanctions Defendant For Bad Faith Response To Requests to Admit – IL 2nd Dist.

ConstructionRisk.com Report (April 2014)

  • A1 - Additional Insured Does Not Lose Right to Coverage Based on Named Insured’s Failure to Provide Notice of Claim to Carrier
  • A2 - Property Owners Can Pursue Negligence Actions Against Contracted Engineer Under Washington State’s ‘Independent Duty Doctrine’ (Variation on ‘Economic Loss Rule’)
  • A3 - Court Bars Contractor’s Claim Against Commercial Paint Supplier for Negligent Misrepresentation Under Missouri’s ‘Economic Loss Doctrine’
  • A4 - Dispute Provision in Subcontract was Void Because It prevented Sub from Asserting Lien Rights
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