ConstructionRisk.com Report (June 2014)

A1 - Court Excludes Evidence of Subcontractor’s Workplace Safety Violations Because Deceased Worker Was Not its Employee
A2 - Guide to Pre-Construction Meetings
A3 - Statute of Limitations on Obvious Defect Enforced to Dismiss A/E from Suit: Standard of Care May Exceed Code Requirements
A4 - Reservation of Rights to Make a Cumulative Impact Claim
A5 - Letter to Construction Attorneys – Invitation to Join ABA Forum on Construction Industry

ConstructionRisk.com Report (May 2014)

A1 - EIFS Repairs Covered without Insurer's Consent
A2 - The CGL and the Professional Liability Exclusion
A3 - Contractually Imposed Time Limit for Filing Suit is Enforced to Dismiss Claim Against Home Builder
A4 - Contractual Requirement May be Waived Despite “Non-Waiver Clause” Stating to the Contrary
A5 - Court Bars Defendant’s Expert At Trial And Sanctions Defendant For Bad Faith Response To Requests to Admit – IL 2nd Dist.

A1 - Additional Insured Does Not Lose Right to Coverage Based on Named Insured’s Failure to Provide Notice of Claim to Carrier
A2 - Property Owners Can Pursue Negligence Actions Against Contracted Engineer Under Washington State’s ‘Independent Duty Doctrine’ (Variation on ‘Economic Loss Rule’)
A3 - Court Bars Contractor’s Claim Against Commercial Paint Supplier for Negligent Misrepresentation Under Missouri’s ‘Economic Loss Doctrine’
A4 - Dispute Provision in Subcontract was Void Because It prevented Sub from Asserting Lien Rights

A1 - Plaintiff Has Right to Sue Subcontractor When Prime Becomes Insolvent
A2 - Engineer Can be Sued for Breach of Warranty of Professional Services
A3 - Accrual Date for Statute of Limitations Period Set by A/E Contract and Statute Applies to Owner’s Fraudulent Misrepresentation Claim against Architect
A4 - Economic Loss Doctrine Does Not Apply to Negligent Misrepresentation Claims

A1 - Certificate of Merit Required with Complaint – Or Case Dismissed With Prejudice
A2 - EPA’s “Final” Rule on ASTM Phase I Environmental Site Assessments
A3 - Contractual Liability Exclusion in CGL Policy Does Not Bar Coverage for Damages Arising out of Contractor’s Breach of Contract
A4 - Homeowner Recovers from Individual Owner of a Limited Liability Company