ConstructionRisk.com Report (March 2013)

A1 - Implied Warranty of Habitability Extended Beyond Initial Home Purchaser to Second Purchasers
A2 - Common Law Indemnity Not Owed by Architect to Developer Where Developer’s Own Alleged Negligence was Subject of Suit by Owner
A3 - Indemnification Clause in Prime Contract is not Incorporated by Reference into Subcontract Under New York Law in Absence of Express Agreement to Do So
A4 - Spoliation of Evidence: Contractor Had no Duty to Preserve Concrete I-Beam that Fell and Caused Injuries

ConstructionRisk.com Report (Feb 2013)

A1 - The “Completed and Accepted Doctrine” Bars Third Party Suit against Architect that Failed to Observe and Report an Obvious, Patent Construction Defect to Owner/Client
A2 - Certificate of Merit Requirement was Waived by Engineer’s Failure to Timely Push for Dismissal
A3 - Condominium Association Barred by Economic Loss Doctrine from Suing Consultant for Repair Costs, and Lacks Third Party Beneficiary Rights to Sue the Consultant for Breach of Warranty
A4 - Engineer Owed Independent Duty to a Construction Contractor to Provide Design Specifications That Do Not Cause Delays and Disruptions
A5 - Arbitration Results Between Owner and Contractor Have no Collateral Estoppel Affect in Subsequent Litigation Against Architect (Lost Profits not Recoverable in any Event)
A6 - Subcontractor’s Waiver of Claims Against Payment Bond is Void and Unenforceable
A7 - Subcontractor’s Waiver of Consequential Damages is Enforced where the Waiver Clause was Incorporated by Reference from the Prime Contract

A1 - Architect Liable to an Airport Maintenance Person who was Electrocuted While Working on an Electric Switchgear Box that had No Warning Labels
A2 - Damages Not Recoverable Where Homeowner Failed to Prove the Reasonableness of Remedial Damages Incurred or the Difference-In-Value Damages
A3 - Project Owner Permitted to Pursue Negligence Claim Based on Breach of Contract
A4 - The Unrelenting Tide of the Duty to Defend
A5 - Attorneys Fees Recovered to Enforce Indemnity Agreement

A1 - Federal Contracts: Attorneys Fees Incurred for REA Preparation and Negotiation are Allowable Says U.S. Court of Appeals in Tip Top Construction

A1 - Agreement to Indemnify Project Owner for Penalties due to Violations of Americans with Disabilities Act Is Void and Unenforceable
A2 - Connecticut Supreme Court Reaffirms State's Immunity from Statutes of Limitation
A3 - Additional Insureds Are Denied Coverage Where Carrier Rescinds Policy of Contractor That Had been Issued Based on Misrepresentations in the Policy Application Concerning the Nature of Contractor’s Work
A4 - Employee Injured in Trench Collapse Cannot Circumvent Worker’s Compensation Bar Against Suing His Employer Absent Evidence of Intentional Wrong That Created Substantial Certainty of Injury or Death
A5 - Bidder Cannot Sue Architect for Tortious Interference with a Business Expectancy for Recommending that Project Owner Reject Its Low Bid