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ConstructionRisk.com Report (June 2011)

  • A1 - Federal Court in Tennessee Holds Insurer Responsible Under CGL Policy For Defending Contractor Against Negligence Claims
  • A2 - Shifting Sands beneath the Economic Loss Doctrine in Washington
  • A3 - Contractual Liability Exclusion Bars Coverage for Breach of Contract Claim against Contractor by a Third Party
  • A4 - Defective Work of Subcontractor Covered under Prime Contractor CGL Policy

ConstructionRisk.com Report (May 2011)

  • A1 - “No Damages for Delay” Clause Enforced Against Contractor Claim
  • A2 - Architect’s Duty to Identify Contractor Deviations from Plans Extends to Home Guests
  • A3 - Additional Insured Contractor’s Right to be Defended & Incorporation of Prime Contract Indemnity Obligations into the Subcontract
  • A4 - Bid Protestor Successfully Challenges Bid Rejection Based on Unannounced Criteria

ConstructionRisk.com Report (Apr 2011)

  • A1 - Working On Purpose - (My new book!)
  • A2 - Battle of the Contract Forms: Subcontractor Bound to General Contract Terms
  • A3 - Oral Contract for Remodeling Home May be Enforced
  • A4 - Spoliation of Evidence May (or May Not) Justify Dismissal of Lawsuit
  • A5 - "Pay when paid" Clause Excuses Prime from Paying Subcontractor Since Owner Didn’t Pay

ConstructionRisk.com Report (Mar 2011)

  • A1 - Engineer Did not have Duty to Report to the Public the Environmental Findings it Produced for its Client
  • A2 - Statute of Repose Bars Indemnification Claim against Engineer that Designed Bridge that Collapsed

ConstructionRisk.com Report (Feb 2011)

  • A1 - Engineer’s Duties Specified by Contract Cannot be Expanded by Plaintiff’s Expert Testimony to Elevate the Standard of Care to Jury Question
  • A2 - Electronically Stored Information and the Law: Delete, Destroy, Go Directly to Jail!
  • A3 - Oral Construction Contract Enforceable
  • A4 - Action against Engineer for Recommending Rejection of MBE Firm’s Bid is Dismissed
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Lessons Learned 2017 Litigation

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