ConstructionRisk Report (January 2023)

• A1 - Good Faith and Fair Dealing Duty was Violated by Prime Contractor who Settled Claim with its Client without Including Subcontractor Claim
• A2 - Failure to file Certificate of Merit Requires Case to be Dismissed with Prejudice
• A3 - Subcontractor Breached Contract by Refusing to Perform Extra Work as Directed by Contractor unless it First Received Change Order

ConstructionRisk Report (December 2022)

• A1 - Register for the Upcoming Webinar on Ethical Challenges for Engineers
• A2 - Court will not litigate case until parties first go through mediation as required by contract
• A3 - Economic Waste Doctrine Might Prevail – but no Summary Judgment Granted
• A4 - Additional Insured Prime Contractor Entitled to be Defended under Subcontractor CGL Policy Where Plaintiff Merely Alleged “Damage to Other Property”

ConstructionRisk Report (November 2022)

• A1 - Economic Loss Doctrine Applied in Utah to Bar Tort Claim against Real Estate Seller. And Prevailing Party Attorneys Fees Awarded
• A2 - Economic Loss Doctrine Enforced in Arizona to Bar Negligence Action by Project Owner against Engineering Subcontractor
• A3 - Broad Arbitration Clause Flowed Down to Subcontractor Requiring it to Arbitrate Claim against Prime Even though not in Dispute with Owner

ConstructionRisk Report (October 2022)

• A1 - $3 Million Punitive Damage Award for Misrepresentation Reversed Due to Economic Loss Doctrine and also Waiver of Consequential Damages Clause in Contract (Prevailing Party Attorneys Fees also Awarded)

ConstructionRisk Report (August 2022)

• A1 - Contractor based its Bid on a Design-Build Project on an Erroneous Low Quote from Equipment Supplier whom it then Sued for Detrimental Reliance, Negligence and negligent misrepresentation
• A2 - Design Professionals in Arizona no Longer Owe Duty to Third Parties for Economic Loss
• A3 - Arbitration Demand may be filed after Statute of Limitations Period for Filing Litigation (Maryland Law)