ConstructionRisk.com Report (February 2014 Special Edition)

ConstructionRisk.com Report (January 2014)

A1 - Insurer of Hotel’s Second Owner Can Pursue Negligence Action Against Original Owner’s Builder for Contractor Owed Duty to Subsequent Property Purchaser for Code Despite Lack of Privity of Contract
A2 - On a Design-build Procurement, a Bidder was Rejected because One of its Key Personnel Participated in the Earlier Preparation of the Bridging Documents
A3 - CGL Policy May Cover Damage to the Insured Contractor’s Own Work and Breach of Warranty is a Potentially Covered Occurrence
A4 - Differing Site Conditions Claim Rejected Because State Had no Duty to Disclose Superior Knowledge, Plus the Contractor Did Not Document Damages but Attempted to Rely on Total Cost Claim

A1 - Application of Economic Loss Doctrine Limited to Contracting Parties Under Arizona Law
A2 - Expert Certificate Requirement Not Necessary Under Maryland Law for Alleging Negligence Of An Engineering Firm For the Actions of a Non-Engineer Employee

A1 - CM Did not Breach Fiduciary Duty and was Entitled to Recover for Delay Period Caused by Client
A2 - Subcontractor Permitted to File Suit against Project Owner Corporation and Corporate Officer in Individual Capacity
A3 - AIA Contract Clause Setting Time Limit to Bring Suit after Substantial Completion Upheld
A4 - A/E Statutory Duty to Safeguard Public Safety and Welfare Does not Establish a Duty of Care Owed to Specific Condominium Purchasers

A1 - Economic Loss Doctrine Does Not Bar Contractor’s Negligence Claim against Architect Since There was no Contract (New Jersey law)
A2 - Limitation of Liability Clause Enforced - $70K Limit on $4.2 Million Claim
A3 - Limitation of Liability Clause Enforced – Even in Face of Allegations of Gross Negligence