ConstructionRisk.com Report (April 2017)

A1 - CGL Coverage for Consequential Damages to Condo Resulting from Rain Intrusion Allegedly Caused by Subcontractor’s Work
A2 - Indemnification Clause Required Indemnification Only for Damages Caused by Indemnitor
A3 - Undocumented Immigrant Entitled to Access to Court to Pursue Personal Injury Action against Contractor
A4 - Construction Manager is not Additional Insured under Contractor’s CGL policy Despite Owner/Prime Contract Requiring Contractor to Name CM as Additional Insured
A5 - Engineer has no Affirmative Duty to Supervise Jobsite Safety Absent Contract Language or Conduct

ConstructionRisk.com Report (March 2017)

A1 - Contractor Under a GMP Contract Cannot Make Indemnification Claim against Engineer for Inaccurate Design Documents that Caused Extra Costs where there was no Third Party Claim
A2 - Prime Contractor not Liable for Injuries of Subcontractor’s Employee where Prime Retained no Control of Individual’s Work
A3 - Project Owner Not Liable for Injuries of Employee of Contractor

A1 - Notice of Claim Requirement Flows Down from Prime Agreement and is Strictly Applied to Disallow Subcontractor Claim
A2 - “No-Damages-for-Delay” Clause Enforced Even If Project Ineptly Planned and Managed
A3 - Contractor’s Tortious Interference Judgment against County Engineer Reversed because Engineer Acted Within Scope of Contract
A4 - Insurance Carrier Not Liable to Homeowner for Injuries and Damages Allegedly Caused by Defective Repairs Performed by a Contractor Recommended by Carrier
A5 - Project Owner May Lose Right to Use A/E’s Copyrighted Documents Due to Failure to Pay Invoices

A1 - Private Engineering firm Qualifies for governmental immunity when working as City Engineer
A2 - Subcontract Bidder Must Honor its Bid to GC (Promissory Estoppel)
A3 - Subcontract Bidder Excused from Executing Contract with Prime Contractor
A4 - Teaming Agreement is Unenforceable: Merely an Agreement to Agree in the Future
A5 - Engineer Liable for Rainwater Tank Collapse Where it Failed to Provide Appropriate RFI Responses to Contractor

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