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ConstructionRisk.com Report (Jan 2011)

  • A1 - Engineer Sued by City for Negligently Recommending Acceptance of Low Bidder
  • A2 - Subcontract Claim against General Contractor Barred by Waiver and Release Agreement
  • A3 - Contractor not Liable under Superfund Law for Accidently Damaging Methanol Pipeline with Backhoe Causing Environmental Damages
  • A4 - Government Contractor Defense not Available to Bar Katrina Class Action Suit against Firm that provided Excavation and Remediation Services on Canal

ConstructionRisk.com Report (Dec 2010)

  • A1 - Architect’s Copyright Infringement Action against Another Architect was Properly Dismissed by Trial Court on a Motion to Dismiss
  • A2 - Contractor Suit against Project Owner’s Lender for Failing to Pay for Work Performed on Project is Dismissed
  • A3 - Contractor Entitled to Recover Additional Compensation Due to Project Owner’s Failure to Disclose Material Information During Bidding Process – even Where Nondisclosure was not Done with Affirmative Intent to Conceal the Information

ConstructionRisk.com Report (Nov 2010)

  • A1 - Expert Testimony Found Insufficient to Establish Standard of Care against Engineering Firm
  • A2 - Where Mold Damage was Expressly Excluded from Coverage, the Fact it Resulted from a Covered Concurrent Cause Did not Bring it Back Within Coverage
  • A3 - Developer’s Assignee Can Bring Suit against Engineer for Redesign Costs but Economic Loss Rule Prevents Original Developer (Assignor) from Bringing Negligence Action against Engineer
  • A4 - Agreeing to Pay Reasonable Attorneys Fees as Part of Indemnification May Create Uninsurable Loss
  • A5 - The Duty to Defend as part of Indemnity Agreement is Alive and Well in California: Don’t be fooled by Favorable Commentary on California SB 972

ConstructionRisk.com Report (Oct 2010)

  • A1 - Economic Loss Doctrine Bars Contractor Suit against Engineer
  • A2 - Expert Testimony is Required to Prove Construction Management Failed to Meet the Standard of Care
  • A3 - Professional Services Exclusion of Engineer’s CGL Policy Properly Applied to Bar Coverage for Wrongful Death Action Resulting from Trench Collapse
  • A4 - Unlicensed Contractor forced to Refund all Payments back to the Homeowners

ConstructionRisk.com Report (Apr 2010)

  • A1 - Liquidated Damages Enforced Against Road Re-Striping Contractor on Federal Highway Project
  • A2 - Subcontractor Barred from Appealing Federal Government Decision on a Prime Contract Dispute Even though it was 3rd Party Beneficiary
  • A3 - Expert Witness Adequately Testified to Consensus Opinion on Applicable Standard of Care
  • A4 - Limitation of Liability Clause in Engineer’s Contract Enforced in Georgia
  • A5 - Contractor Entitled to Equitable Adjustment on Navy Contract for Constructive Change that Resulted from Navy’s Interpretation of Ambiguous Specification
  • A6 - Bodily Injuries and Property Damage from Garage Collapse are Excluded from Coverage under Design Professional’s CGL Policy
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