ConstructionRisk.com Report (October 2018)

A1 - Design Professional Duty to Mitigate Against Storm and Flood damage
A2 - An Engineering Intern Could not be Liable for Professional Negligence
A3 - Suit Limited to Breach of Contract/Warranty – Negligence Count was Duplicative and Dismissed
A4 - Contractor May Sue Construction Manager for Losses Due to Alleged Poor Project Oversight and Interference with Contractor’s Work
A5 - Contractor Entitled to Summary Judgment against Project Owner’s Negligence Claim where Contractor had no Design Responsibility for Disc Filter Equipment Provided by its Vendor pursuant to the Project Specifications
A6 - Contractor can’t be Sued for Damages Contribution by Engineer Where Contractor has no Possible Tort Liability to Injured Parties

ConstructionRisk.com Report (September 2018)

A1 - Webinar (on demand): Quality Assurance/Quality Control for Designers & Design-Builders
A2 - Design Professional Duty to Mitigate Against Storm and Flood damage
A3 - Suggested Wording to Use When Revising and Redlining Design Professional Contracts for Risk Allocation and Insurability of Risks

A1 - Indemnification Duty not Incorporated by Reference to Prime Contract
A2 - Contractor may Sue Design Firms for Defective Plans & Specs on which They Relied
A3 - Parol Evidence not Permitted to Alter Integrated Contract - Quantum Meruit Claim Fails
A4 - Indemnification Clause Unenforceable Where it did not Clearly Require Indemnification for the Indemnitee’s Own Negligence

A1 - Third Party Beneficiary Claim against Subcontractor
A2 - Lien Waiver and Release Forfeited Prime’s Right to Assert Subcontractor Pass-Through Claim
A3 - Single Employer Site Safety Liability: GC Found Responsible for Acts of its Subcontractor

A1 - Why a Project Owner Isn’t Made an Additional Insured Under a Design Professional Policy
A2 - Contract Language Made Code Compliance a separate Duty from the Standard of Care Duty
A3 - Subcontractor Indemnification to Prime for Arbitration Award to Homeowner is Barred because Award did not explain basis for decision and would violate anti-indemnity statute if Prime was negligent
A4 - Statute of Limitations Began to Run on Date Homeowner Saw Rust on Roof and not from Date Leaking Began
A5 - Texas Certificate of Merit Requirement Does not apply to Third-Party Contribution Claims