ConstructionRisk.com Report (July 2013)

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

ConstructionRisk.com Report (June 2013)

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

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

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