ConstructionRisk.com Report (February 2016)

A1 - Contractor’s Defamation Suit against Inspector Dismissed due to Conditional Privilege to Advise Owner Concerning Contractor’s Work
A2 - Cosmetic Defects Found To Be Basis For Termination Of Contractor For Default
A3 - Choice of Law and Forum Selection Clause in Design Subcontract Unenforceable in California
A4 - A Condominium HOA Suit against Designer and Contractor Dismissed for Lack of Adequate Expert Testimony on Damages

ConstructionRisk.com Report (January 2016)

A1 - Architect not Liable to Home Purchaser for Economic Losses Caused by Failed Sewage Disposal System that Architect Certified to Local Government as Meeting Permit Requirements
A2 - Statute of Repose Bars Homeowner Suit against Contractor for Work Performed More than 10 Years Before Suit
A3 - Prime Contractor Liable for Failing to Pay Sub Full Amount the Prime Received from Government for the Sub’s Work
A4 - Federal Court Holds Engineer May Be Liable to Contractor for Both Breach of Professional Duty and Negligent Misrepresentation
A5 - Developer is Third Party Beneficiary of Window Manufacturer’s Warranty but Economic Loss Doctrine Prevents Recover of Consequential Damages

A1 - Contractor’s Code Violation Does Not Create Negligence Cause of Action by Subsequent Homeowner
A2 - Only Jury (and not the trial judge) Can Use the Parties' Course of Dealings to Determine the Meaning of an Ambiguous Contract
A3 - Termination for Convenience Clause does not require Reason for Termination or Render Contract Illusory
A4 - Engineer’s Lien Effective only from Date Filed, and did not Relate Back to Beginning of Construction

A1 - Indemnification Action Only Accrues for Statute of Limitation Purposes on Date Indemnitee Pays Judgment or Settlement
A2 - CGL Policy Held to Cover Costs of Correcting SubContractor’s Defective Work Including the Work Itself
A3 - Where Flow-Down Clause Limits Incorporation Of The Design-Build Prime Contract, Allocation of Liability In The Subcontract Will Govern
A4 - Piercing the Architectural Firm’s Corporate Veil

A1 - When Engineer Refused Obligations under an Indemnification Clause to Defend its Homebuilder Client, Suit Against it for Breach of Contract does not Require Certificate of Merit
A2 - AIA Contract Showed Architect’s Intent to Grant Owner an Implied License to Use Drawings
A3 - Failure to Design According to the IBC Was Not Breach of Contract But Could be Malpractice
A4 - "Or Equal" Vendor Can Sue Architect for Tortious Interference with Contract for Drafting Disguised Sole Source Specification and Rejecting Or Equal Bid