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ConstructionRisk.com Report (Dec 2012 Special Issue)

  • A1 - Federal Contracts: Attorneys Fees Incurred for REA Preparation and Negotiation are Allowable Says U.S. Court of Appeals in Tip Top Construction

ConstructionRisk.com Report (Dec 2012)

  • A1 - Agreement to Indemnify Project Owner for Penalties due to Violations of Americans with Disabilities Act Is Void and Unenforceable
  • A2 - Connecticut Supreme Court Reaffirms State's Immunity from Statutes of Limitation
  • A3 - Additional Insureds Are Denied Coverage Where Carrier Rescinds Policy of Contractor That Had been Issued Based on Misrepresentations in the Policy Application Concerning the Nature of Contractor’s Work
  • A4 - Employee Injured in Trench Collapse Cannot Circumvent Worker’s Compensation Bar Against Suing His Employer Absent Evidence of Intentional Wrong That Created Substantial Certainty of Injury or Death
  • A5 - Bidder Cannot Sue Architect for Tortious Interference with a Business Expectancy for Recommending that Project Owner Reject Its Low Bid

ConstructionRisk.com Report (Nov 2012)

  • A1 - GC Had No Site Safety Liability Since it did Not Exercise its Retained Control Over the Job Site to Such an Extent as to Affirmatively Contribute to the Injuries of a Subcontractor's Laborer
  • A2 - Economic Loss Doctrine Bars Suit against Design Firm Where there is No Privity of Contract Regardless of Whether Designer Might Have Deviated from Industry Standards
  • A3 - Injured motorist cannot sue design professional for the alleged negligent design of roadway beyond the statute of repose that is applicable to improvements to real property
  • A4 - Common Law Indemnity Allows Surety to Maintain Claim against Architect for Loss Allegedly Caused by Architect’s Negligence
  • A5 - Failure to Follow Change Order Request Procedure Results in Design-Build Subcontractors Forfeiting Right to Recover Their Costs for Extra or Changed Work They Performed

ConstructionRisk.com Report (Oct 2012)

  • A1 - Economic Loss Doctrine Precluded Negligence Claim against Design-Builder Because Design-Build Project Considered a “Product” not a “Professional Service”
  • A2 - Negligence Claim Barred Where Issues Arise Under Contract Performance, and Breach of Contract is the Sole Proper Remedy
  • A3 - Statute of Repose Period Began to Run Only When Contractors Substantially Completed the last of their Overall Project Work Rather than the Date When Defective Materials Were Installed and Accepted for Beneficial Use
  • A4 - Project Owner Has No Cause of Action Against Subcontractor With Whom it Has No Contract: Economic Loss Doctrine Applies
  • A5 - CM Not Responsible for Jobsite safety or Liable to Contractor’s Employee for Injuries

ConstructionRisk.com Report (Aug 2012)

  • A1 - After Procuring Insurance for Its Developer/General Contractor Client, a Broker Owes No Duty to an Insured Subcontractor under an OCIP to Advise that the Carrier Has Become Insolvent
  • A2 - Architect Entitled to Recover Damages under Theories of Unjust Enrichment and Quantum Meruit
  • A3 - Individual Member of LLC is Subject to Personal Liability for His Negligent Acts
  • A4 - Plaintiff Only Entitled to Damages That It Would Incur if it had Mitigated its Loss
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