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ConstructionRisk Report (October/November 2020)

  • A1 - Government Contractor Entitled to Time Extension (but not Costs) Caused by Pandemic Delay to Project
  • A2 - Upcoming Webinar Provides Insights from Leading Construction General Counsel
  • A3 - Design Professional Contracts: 1 Minute Construction Risk Management Video Series
  • A4 - General Contractor Allowed to Bring Third Party Claim against Architect for Defective Specifications

ConstructionRisk Report (September 2020)

  • A1 - Dispute under Design-Build Teaming Agreement and Subcontract may be Subject to Arbitration even if Statute of Limitations has Lapsed
  • A2 - Economic Loss Doctrine Applied to Dismiss Homeowner Suit against Geotechnical Firm that Issued Soils Report to Developer
  • A3 - Fraud Claims against Engineer Dismissed for Lack of Specificity

ConstructionRisk Report (July/August 2020)

  • A1 - No Equitable Relief for Contractor that Failed to Comply with Specifications Requiring Wiring Conduit Even Though Government Inspectors Didn’t Object Until Late in the Job. No Estoppel against Government.
  • A2 - CGL Carrier Owes No Duty to Defend Design-Builder against Project Owner’s Counterclaim alleging Damages from Defective Work
  • A3 - Economic Loss Doctrine Prohibits Claim by One Subcontractor against Another for Economic Losses Caused by Delay
  • A4 - Waiver of Subrogation Clause In Owner’s AIA Contract Prevents a Contractor from being Sued in a Contribution Action by another Contractor as a Joint Tortfeasor

ConstructionRisk Report (May 2020)

  • A1 - Malpractice Statute of Limitations applies to Breach of Contract Claims asserting Negligent Supervision but Indemnification Obligations Extend Time for Filing Suit
  • A2 - Negligence Claim against Architect Governed by Malpractice Rather than Contract Statute of Limitations

ConstructionRisk Report (April 2020)

  • A1 - Insurance Coverage Issues Related to Coronavirus Pandemic
  • A2 - Fiduciary Duty not Owed by Contractor in Absence of Contract Language Expressly Stating So
  • A3 - Contractor has no Duty to Inspect for Asbestos Before starting Renovation of Single Family House (under Colorado law)
  • A4 - Insurance Company not Obligated to pay Damages agreed to by Contractor under Settlement Agreement with Owner where Damages not Allocated between Covered and Non-covered Damages
  • A5 - Risk and Liability Considerations for Coronavirus Related Services
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Design professional’s design duty to mitigate against extreme weather events

Risk Management of Code Compliance

Design Professional’s Design Duty to Mitigate Against Extreme Weather Events

QA/QC and Efficiency Tactics for Design Professionals

Lessons Learned 2017 Litigation

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AIA B101 – Comparing 2007 & 2017 Owner-Architect Agreement

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Design Professional Litigation 2015

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