ConstructionRisk.com Report (August 2013)

A1 - Contribution Claim by Contractor’s Insurance Carrier against Architect as a Joint Tortfeasor
A2 - Payments by Prime Contractor to Subcontractor in Contravention to Assignment Agreement Requiring Payment to Bank, Entitles Bank to Recover on Every Misdirected Check Even Though Significantly Exceeding Actual Damages
A3 - Statute of Limitations for Filing Equitable Indemnity Claim Accrues Only When Party Seeking Indemnity Has Been Served a Complaint Giving Rise to the Indemnity Claim
A4 - Contractor’s CGL Insurance Carrier Must Pay Attorney’s Fees Awarded to Plaintiff against Insured Despite No Coverage for the Compensatory Damages that Were Awarded

ConstructionRisk.com Report (July 2013)

A1 - Subcontractor Entitled to Punitive Damages for Prime’s Breach of Contract
A2 - CGL Insurance Carrier in Tennessee Owed Duty to Defend – Based on Subcontract Work Exception to “Your Work” Exclusion
A3 - CGL Insurance Carrier in Connecticut Owed Duty to Defend Contractor – Based on Subcontract Work Exception to “Your Work” Exclusion
A4 - Indemnification Clause Required Engineer to Indemnify Owner for Losses it Incurred
A5 - Where Owner Alleges Only Future Possible Damages and Not Current Actual Damages, Summary Judgment Must be Granted to Engineer

A1 - Teaming Agreement Found Unenforceable – Cyberlock Decision
A2 - Florida Rewrites Rules on Individual Design Professional Liability
A3 - Arbitration Award Does Not Establish Collateral Estoppel for a Non-Party
A4 - Subcontractor’s CGL Insurance Carrier Owed No Duty to Defend Suit against Prime Contractor Where Allegations Concerned Economic Losses Claimed from Prime Contractor Construction Defects
A5 - No Statutory Immunity for Engineer as Agent/Employee of City where Contractor Sued It for Tortious Interference with Contract and Negligence
A6 - Terminated Contractor Cannot Sue Architect for Tortious Interference with Contract

A1 - Subcontractor Owed Prime No Indemnity Obligation and Additional Insured Status Availed Nothing
A2 - Design Professional Owes Duty to Third Party Condominium Unit Purchasers
A3 - Unlicensed Subcontractor Cannot Recover against Contractor Even if Contractor Knew Sub was Unlicensed When Executing the Contract

A1 - Differing Site Condition Claim Barred by Contract Disclaimers
A2 - Economic Loss Doctrine Did Not Bar Contractor Claim against Architect for Defective Specifications
A3 - Contractor Permitted to Pursue Tort Claim against Engineer for Allegedly Defective Specs and Failure to Approve Payment Requests
A4 - No-Damage-For-Delay Clause Enforced Even If Delay Caused by Owner’s Breach of Contract and Arbitrary Actions