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ConstructionRisk.com Report (Dec 2011)

  • A1 - Architect Not Entitled to Summary Judgment on Indemnification Obligation Owed to Project Owner
  • A2 - Contractor Loses Malicious Prosecution Action against Homeowner that had Unsuccessfully Sued the Contractor in Construction Defect Litigation
  • A3 - Contractor’s Claim against CGL Insurance Company Dismissed Because It Failed to Give Company Timely Notice of Plaintiff’s Claim Related to Defective Work
  • A4 - Owner Permitted to Sue a Subcontractor in Idaho, and Economic Loss Doctrine Did Not Bar Claim
  • A5 - Project Owner Not Liable for Injuries to Employee of Independent Contractor

ConstructionRisk.com Report (Aug 2011)

  • A1 - Homebuilder Successfully Offered Express Limited Home Warranty That Waived Implied Warranty of Good Workmanship
  • A2 - Engineer That Did Work without Written Change Order Not Entitled to Be Paid for Additional Services
  • A3 - Subcontractor Had Rights as Third Party Beneficiary Under Federal Government Contract
  • A4 - Design Professional Had no Liability for Worker’s Injuries Because Intervening Acts of Contractor Prevented Designer’s Alleged Acts from Being the Proximate Cause
  • A5 - Architect Entitled to Insurance Defense for ADA and FHA Claims Arising out of Services Performed for Condominium Developer

ConstructionRisk.com Report (July 2011)

  • A1 - Principal of Limited Liability Company can be Sued without Need to Pierce Corporate Veil
  • A2 - Subcontractor Was Wrongfully Terminated Where Its Performance was Delayed by the Prime Contractor and Others
  • A3 - General Contractor Can Recover Damages Caused by Sub’s Defective Work From the Sub’s CGL Policy
  • A4 - Economic Loss Doctrine Bars Contractor’s Insurance Carrier from Bringing Subrogation action against Design Professional for Negligence
  • A5 - Architect Not Entitled to Recover Fee for Services on Foreign Embassy Because Not Licensed in Washington, D.C.

ConstructionRisk.com Report (June 2011)

  • A1 - Federal Court in Tennessee Holds Insurer Responsible Under CGL Policy For Defending Contractor Against Negligence Claims
  • A2 - Shifting Sands beneath the Economic Loss Doctrine in Washington
  • A3 - Contractual Liability Exclusion Bars Coverage for Breach of Contract Claim against Contractor by a Third Party
  • A4 - Defective Work of Subcontractor Covered under Prime Contractor CGL Policy

ConstructionRisk.com Report (May 2011)

  • A1 - “No Damages for Delay” Clause Enforced Against Contractor Claim
  • A2 - Architect’s Duty to Identify Contractor Deviations from Plans Extends to Home Guests
  • A3 - Additional Insured Contractor’s Right to be Defended & Incorporation of Prime Contract Indemnity Obligations into the Subcontract
  • A4 - Bid Protestor Successfully Challenges Bid Rejection Based on Unannounced Criteria
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