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

ConstructionRisk.com Report (March 2014)

A1 - Plaintiff Has Right to Sue Subcontractor When Prime Becomes Insolvent
A2 - Engineer Can be Sued for Breach of Warranty of Professional Services
A3 - Accrual Date for Statute of Limitations Period Set by A/E Contract and Statute Applies to Owner’s Fraudulent Misrepresentation Claim against Architect
A4 - Economic Loss Doctrine Does Not Apply to Negligent Misrepresentation Claims

A1 - Certificate of Merit Required with Complaint – Or Case Dismissed With Prejudice
A2 - EPA’s “Final” Rule on ASTM Phase I Environmental Site Assessments
A3 - Contractual Liability Exclusion in CGL Policy Does Not Bar Coverage for Damages Arising out of Contractor’s Breach of Contract
A4 - Homeowner Recovers from Individual Owner of a Limited Liability Company

A1 - Insurer of Hotel’s Second Owner Can Pursue Negligence Action Against Original Owner’s Builder for Contractor Owed Duty to Subsequent Property Purchaser for Code Despite Lack of Privity of Contract
A2 - On a Design-build Procurement, a Bidder was Rejected because One of its Key Personnel Participated in the Earlier Preparation of the Bridging Documents
A3 - CGL Policy May Cover Damage to the Insured Contractor’s Own Work and Breach of Warranty is a Potentially Covered Occurrence
A4 - Differing Site Conditions Claim Rejected Because State Had no Duty to Disclose Superior Knowledge, Plus the Contractor Did Not Document Damages but Attempted to Rely on Total Cost Claim