ConstructionRisk.com Report (December 2016)

A1 - Contractor Not Responsible for Foundation Failure Since Change Order Revised the Design
A2 - Economic Loss Rule Barred Claim against Contractor’s President
A3 - Settling Suit without Prior Approval of Insurance Carrier Causes Insured to Forfeit Coverage Regardless of Whether the Carrier was Harmed
A4 - Public Nuisance Suit against A/E Liable for Failing to Design Protective Fencing for a Retaining Wall Dismissed
A5 - Contractor May Recover on Differing Site Condition Despite Not Following the Notice Requirements of Contract

ConstructionRisk.com Report (September 2016)

A1 - Design Firms Held Unaccountable for Failing to Design in Compliance with ADA and FHA Requirements: Project Owner Cannot Sue for Breach of Contract or to Enforce Indemnity Obligations
A2 - Appeal Filed with the Civilian Board of Contract Appeals by Subcontractor Allowed to Go Forward in Name of Prime Contractor
A3 - Virginia Workers’ Compensation Act Strictly Enforced to Bar Personal Injury Claim against a Subcontractor by an Injured Employee of General Contractor
A4 - Why A/E Firms Should Opt to Litigate instead of Arbitrate

A1 - Only A Bona Fide Patron Of A Business Can Bring An ADA Suit, Maryland Court Holds
A2 - It Still Hurts - DOL's Revised, Final Rule on Overtime Doubles Minimum Salary Level Starting December 1, 2016
A3 - Condo Complaint Alleging Fraudulent Concealment of Construction Defects Tolled Statute of Limitations for Misrepresentation Claim
A4 - Contractor not Excused from Violating Building Code Even if Homeowner Directs Him to Violate the Code

A1 - 90 Day Deadline for Filing Appeal to Civilian Board of Contract Appeals Strictly Enforced
A2 - Actual Malice Is Not Required For Claims of Tortious Interference With Contractual and Advantageous Relations
A3 - Owner Allowed to Sue Design Subconsultant Despite Lack of Contractual Privity
A4 - Waiver of Subrogation Upheld to Bar Insurance Carrier Claim against Contractor
A5 - Contractor that is Individual Member of LLC has no Personal Liability for Negligence as a “Professional”
A6 - Contract Negotiation Tip of the month: Prevailing Party Clauses

A1 - Architect Not Liable for Implied Warranty of Habitability
A2 - Scaffolding Collapse: Engineer, Architect, and Project Owner Not Liable for Injuries
A3 - Architect’s Copyright Infringement Case Dismissed because no Evidence of Substantial Similarity
A4 - A Claim Under the Negligent Misrepresentation Exception to the Economic Loss Doctrine May Be Predicated on Implied Representations