ConstructionRisk Report (January 2024)

• A1 - Gross Negligence Claim for Punitive Damages Rejected by Court
• A2 - Worker That Fell from Scissor Lift May Sue Manufacturer for Product Defect
• A3 - Incorporation by Reference Clause Did Not Flow Down Prime Contract Insurance Provisions to the Subcontractor

ConstructionRisk Report (September 2023)

• A1 - 1 Minute Video Series - Design Professional Contract Clauses
• A2 - Contractor Who Completed Work Years Earlier is Liable to Third Party where Patent Defect caused Injury
• A3 - Design Professional Could be Liable for Injuries sustained by Construction Worker

ConstructionRisk Report (August 2023)

• A1 - Economic Loss Doctrine Enforced to Bar Claim against Design Professional by a Third Party Plaintiff
• A2 - Waiver of Subrogation Clause Enforced

ConstructionRisk Report (July 2023)

• A1 - General Contractor Can be Liable for Subcontractor’s Failure to Maintain Safe Scaffolding
• A2 - Pollution Exclusion was Ambiguous and Unenforceable as Applied to Homeowner’s Claim Regarding Heating Oil Damage to its Basement.
• A3 - Summary Judgment Incorrectly Granted against Project Owner for Independent Contractor Employee’s Death from Fall through skylight

ConstructionRisk Report (May 2023)

• A1 - Engineer Satisfied State Licensing Requirement by Using Licensed Independent Contractor as its Licensed Full-Time Registered Professional Engineer Manager
• A2 - Pay-If-Paid Clause Enforced in New Jersey