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

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

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

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