ConstructionRisk.com Report (Jan 2013)

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

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

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

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

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