ConstructionRisk.com Report (October 2013)

A1 - CM Did not Breach Fiduciary Duty and was Entitled to Recover for Delay Period Caused by Client
A2 - Subcontractor Permitted to File Suit against Project Owner Corporation and Corporate Officer in Individual Capacity
A3 - AIA Contract Clause Setting Time Limit to Bring Suit after Substantial Completion Upheld
A4 - A/E Statutory Duty to Safeguard Public Safety and Welfare Does not Establish a Duty of Care Owed to Specific Condominium Purchasers

ConstructionRisk.com Report (September 2013)

A1 - Economic Loss Doctrine Does Not Bar Contractor’s Negligence Claim against Architect Since There was no Contract (New Jersey law)
A2 - Limitation of Liability Clause Enforced - $70K Limit on $4.2 Million Claim
A3 - Limitation of Liability Clause Enforced – Even in Face of Allegations of Gross Negligence

A1 - Contribution Claim by Contractor’s Insurance Carrier against Architect as a Joint Tortfeasor
A2 - Payments by Prime Contractor to Subcontractor in Contravention to Assignment Agreement Requiring Payment to Bank, Entitles Bank to Recover on Every Misdirected Check Even Though Significantly Exceeding Actual Damages
A3 - Statute of Limitations for Filing Equitable Indemnity Claim Accrues Only When Party Seeking Indemnity Has Been Served a Complaint Giving Rise to the Indemnity Claim
A4 - Contractor’s CGL Insurance Carrier Must Pay Attorney’s Fees Awarded to Plaintiff against Insured Despite No Coverage for the Compensatory Damages that Were Awarded

A1 - Subcontractor Entitled to Punitive Damages for Prime’s Breach of Contract
A2 - CGL Insurance Carrier in Tennessee Owed Duty to Defend – Based on Subcontract Work Exception to “Your Work” Exclusion
A3 - CGL Insurance Carrier in Connecticut Owed Duty to Defend Contractor – Based on Subcontract Work Exception to “Your Work” Exclusion
A4 - Indemnification Clause Required Engineer to Indemnify Owner for Losses it Incurred
A5 - Where Owner Alleges Only Future Possible Damages and Not Current Actual Damages, Summary Judgment Must be Granted to Engineer

A1 - Teaming Agreement Found Unenforceable – Cyberlock Decision
A2 - Florida Rewrites Rules on Individual Design Professional Liability
A3 - Arbitration Award Does Not Establish Collateral Estoppel for a Non-Party
A4 - Subcontractor’s CGL Insurance Carrier Owed No Duty to Defend Suit against Prime Contractor Where Allegations Concerned Economic Losses Claimed from Prime Contractor Construction Defects
A5 - No Statutory Immunity for Engineer as Agent/Employee of City where Contractor Sued It for Tortious Interference with Contract and Negligence
A6 - Terminated Contractor Cannot Sue Architect for Tortious Interference with Contract