ConstructionRisk.com Report (July 2012)

A1 - Pollution Exclusion in Well Driller’s CGL Policy Barred Coverage for Damages Allegedly Caused by Hydraulic Fracturing
A2 - Engineer Owes No Duty to Developer Who Claim Third Party Beneficiary Rights to Services Engineer Performed as Subdivision Inspector for Town
A3 - Indemnification Clauses: Uninsurable Contractual Liability
A4 - Analyzing Additional Insured Endorsements
A5 - Nationwide Mutual Insurance Company Announces it Will Not Insure Damages from Fracking
A6 - Workers Compensation Experience Rating Formula To Change

ConstructionRisk.com Report (June 2012)

A1 - No-Damages-For-Delay Clause Enforced Even When Owner and Other Contractors Caused Delay
A2 - Prime Contractor that Relied on Subcontract Bid Can Recover Damages Based on Promissory Estoppel
A3 - Design-Build Team Guarantees Energy Performance on GSA Project

A1 - No Common law Indemnification Duty Owed by General Contractor to Project Owner for Subcontractor Employee Injuries Where GC Did Not Control and Supervise the Subcontractor’s Work
A2 - Indemnity Obligation Not Owed to Client for Claims Partially Caused by Client’s Negligence. Duty to Defend Only Applies to Claims Directly Attributable to Indemnitor’s Actions within Scope of Work
A3 - Statute of Limitations for Breach of Contract Rather Than Negligence Applies to Lawsuit against Engineer That Performed Services Pursuant to Written Contract
A4 - What Warranty Notice to Contractor is Required Before Owner Retains Different Contractor to Repair and Replace Defective Work?
A5 - Asbestos Damages Are Excluded under Condominium Association’s Property Insurance Policy

A1 - The Expanding Reach of the Crawford Decision and the Impact On Construction Indemnity Agreements
A2 - Default Termination of Contractor Defective for Failure of Owner to Provide Architect’s Certificate of Good Cause for Termination
A3 - Economic Loss Doctrine Applied in Guam to Bar Design-Build Contractor’s Negligence Claim against its Design Professional Subcontractor for Purely Economic Losses
A4 - Contractor Owed Liquidated Damages Where it Failed to Timely Seek Change Order for Owner Caused Delay
A5 - Hirer of an Independent Contractor Implicitly Delegates Site Safety Responsibility Other than for Its Own Employees
A6 - Damages Caused By Chinese Drywall Are Excluded From Coverage Under Homeowner’s Insurance

A1 - Indemnification Clause Requires Subcontractor to Indemnify Prime Contractor Regardless of Finding that Sub was not Negligent, and the Additional Insured Endorsement Requires Insurer to Cover the Prime for Damages not Caused by Sub’s Negligence
A2 - Framing Subcontractor Is Not Liable Under Multi-Employer Worksite Doctrine for HVAC Subcontractor Employee’s Injuries Where Contractor Caused the Condition But Did Not Control It At Time Employee Intentionally Assumed Risk by Its Actions
A3 - Negligent Misrepresentation Claim Cannot be made against Engineer Whose Design and Construction of Sludge Processing Equipment Failed to Generate as Much Electricity as Engineer Represented Would be Created
A4 - General Contractor on Highway Project Has No Duty to Prospective Motorists to Rectify Unsafe Condition or Warn of Unsafe Condition Where It Followed the Design Specifications and Work was Approved by Engineer and owner
A5 - Action Not Barred by Statute of Limitations Where Contract Required Engineer to Perform Certain Services such as Issuing Certificate of Substantial Completion, after Construction Work was Completed
A6 - Statute of Limitations in Action against Engineer was Barred Due to 3 Year Negligence Statute Rather than the Longer 6 Year Statute for Breach of Contract