ConstructionRisk.com Report (May2013)

A1 - Subcontractor Owed Prime No Indemnity Obligation and Additional Insured Status Availed Nothing
A2 - Design Professional Owes Duty to Third Party Condominium Unit Purchasers
A3 - Unlicensed Subcontractor Cannot Recover against Contractor Even if Contractor Knew Sub was Unlicensed When Executing the Contract

ConstructionRisk.com Report (April 2013)

A1 - Differing Site Condition Claim Barred by Contract Disclaimers
A2 - Economic Loss Doctrine Did Not Bar Contractor Claim against Architect for Defective Specifications
A3 - Contractor Permitted to Pursue Tort Claim against Engineer for Allegedly Defective Specs and Failure to Approve Payment Requests
A4 - No-Damage-For-Delay Clause Enforced Even If Delay Caused by Owner’s Breach of Contract and Arbitrary Actions

A1 - Implied Warranty of Habitability Extended Beyond Initial Home Purchaser to Second Purchasers
A2 - Common Law Indemnity Not Owed by Architect to Developer Where Developer’s Own Alleged Negligence was Subject of Suit by Owner
A3 - Indemnification Clause in Prime Contract is not Incorporated by Reference into Subcontract Under New York Law in Absence of Express Agreement to Do So
A4 - Spoliation of Evidence: Contractor Had no Duty to Preserve Concrete I-Beam that Fell and Caused Injuries

A1 - The “Completed and Accepted Doctrine” Bars Third Party Suit against Architect that Failed to Observe and Report an Obvious, Patent Construction Defect to Owner/Client
A2 - Certificate of Merit Requirement was Waived by Engineer’s Failure to Timely Push for Dismissal
A3 - Condominium Association Barred by Economic Loss Doctrine from Suing Consultant for Repair Costs, and Lacks Third Party Beneficiary Rights to Sue the Consultant for Breach of Warranty
A4 - Engineer Owed Independent Duty to a Construction Contractor to Provide Design Specifications That Do Not Cause Delays and Disruptions
A5 - Arbitration Results Between Owner and Contractor Have no Collateral Estoppel Affect in Subsequent Litigation Against Architect (Lost Profits not Recoverable in any Event)
A6 - Subcontractor’s Waiver of Claims Against Payment Bond is Void and Unenforceable
A7 - Subcontractor’s Waiver of Consequential Damages is Enforced where the Waiver Clause was Incorporated by Reference from the Prime Contract

A1 - Architect Liable to an Airport Maintenance Person who was Electrocuted While Working on an Electric Switchgear Box that had No Warning Labels
A2 - Damages Not Recoverable Where Homeowner Failed to Prove the Reasonableness of Remedial Damages Incurred or the Difference-In-Value Damages
A3 - Project Owner Permitted to Pursue Negligence Claim Based on Breach of Contract
A4 - The Unrelenting Tide of the Duty to Defend
A5 - Attorneys Fees Recovered to Enforce Indemnity Agreement