ConstructionRisk Report (Aug 2021)

• A1 - Shifting Liability from Contractor to Owner: Texas Finally Joins the Rest of the Nation on Defective Plans & Specs
• A2 - Indemnification: Contractor’s Employee not an “Agent” entitled to Indemnification
• A3 - Summary Judgment where Insufficient Expert Testimony to Prove Negligence

ConstructionRisk Report (July 2021)

• A1 - Be Careful about Responsibility for Defective Cost Estimates in Current Environment of Price Spikes and Supply Shortages
• A2 - Economic Loss Doctrine Inapplicable to Condo HOA suit
• A3 - No Insurance under CGL Policy for Contractual Dispute

ConstructionRisk Report (May 2021)

• A1 - Subcontractor Entitled to Recover Costs of Removing Asphalt Pavement instead of Limited Amount of Concrete Pavement as Specified
• A2 - Contractor Cannot make Performance Bond Claim when it Failed to Terminate its Subcontractor
• A3 - Contractor had no Professional Liability Coverage under CGL Policy

ConstructionRisk Report (April 2021)

• A1 - Indemnification Unenforceable against Design Firm by Construction Contractor
• A2 - Individual was not an “Agent” entitled to Indemnification
• A3 - Economic Loss Doctrine Bars Suit by Developer against a Subcontractor

ConstructionRisk Report (January 2021)

• A1 - Pay-if-paid Provisions Not Per Se Unenforceable in Nevada
• A2 - Contractor Entitled to Recover Delay Damages including Overhead Costs
• A3 - Insurance Carrier Was Correctly Dismissed from Litigation Against Engineer