ConstructionRisk.com Report (May 2012)

A1 - No Common law Indemnification Duty Owed by General Contractor to Project Owner for Subcontractor Employee Injuries Where GC Did Not Control and Supervise the Subcontractor’s Work
A2 - Indemnity Obligation Not Owed to Client for Claims Partially Caused by Client’s Negligence. Duty to Defend Only Applies to Claims Directly Attributable to Indemnitor’s Actions within Scope of Work
A3 - Statute of Limitations for Breach of Contract Rather Than Negligence Applies to Lawsuit against Engineer That Performed Services Pursuant to Written Contract
A4 - What Warranty Notice to Contractor is Required Before Owner Retains Different Contractor to Repair and Replace Defective Work?
A5 - Asbestos Damages Are Excluded under Condominium Association’s Property Insurance Policy

ConstructionRisk.com Report (April 2012)

A1 - The Expanding Reach of the Crawford Decision and the Impact On Construction Indemnity Agreements
A2 - Default Termination of Contractor Defective for Failure of Owner to Provide Architect’s Certificate of Good Cause for Termination
A3 - Economic Loss Doctrine Applied in Guam to Bar Design-Build Contractor’s Negligence Claim against its Design Professional Subcontractor for Purely Economic Losses
A4 - Contractor Owed Liquidated Damages Where it Failed to Timely Seek Change Order for Owner Caused Delay
A5 - Hirer of an Independent Contractor Implicitly Delegates Site Safety Responsibility Other than for Its Own Employees
A6 - Damages Caused By Chinese Drywall Are Excluded From Coverage Under Homeowner’s Insurance

A1 - Indemnification Clause Requires Subcontractor to Indemnify Prime Contractor Regardless of Finding that Sub was not Negligent, and the Additional Insured Endorsement Requires Insurer to Cover the Prime for Damages not Caused by Sub’s Negligence
A2 - Framing Subcontractor Is Not Liable Under Multi-Employer Worksite Doctrine for HVAC Subcontractor Employee’s Injuries Where Contractor Caused the Condition But Did Not Control It At Time Employee Intentionally Assumed Risk by Its Actions
A3 - Negligent Misrepresentation Claim Cannot be made against Engineer Whose Design and Construction of Sludge Processing Equipment Failed to Generate as Much Electricity as Engineer Represented Would be Created
A4 - General Contractor on Highway Project Has No Duty to Prospective Motorists to Rectify Unsafe Condition or Warn of Unsafe Condition Where It Followed the Design Specifications and Work was Approved by Engineer and owner
A5 - Action Not Barred by Statute of Limitations Where Contract Required Engineer to Perform Certain Services such as Issuing Certificate of Substantial Completion, after Construction Work was Completed
A6 - Statute of Limitations in Action against Engineer was Barred Due to 3 Year Negligence Statute Rather than the Longer 6 Year Statute for Breach of Contract

A1 - “Pay-If-Paid Clause” Enforced as Condition Precedent to Subcontractor Right to Payment
A2 - Engineer Required to Indemnify Client for Costs of First Party Claim, Including Attorneys Fees to Extent Attributable to Engineer
A3 - Contractor Cannot Recover for Extra Work Performed without Change Order Approved by Authorized Officials
A4 - Liquidated Damages Properly Assessed against Design-Builder Without Regard to Whether Excessive Compared to Actual Damages

A1 - Assignee of Contract Indemnification Rights under a Design-Build Contract Stands in Shoes of Indemnitee and is Entitled to Recover Defense Costs
A2 - Expert Survey of Small Sample of Walls Sufficient to Justify Opinion that Much Larger Area of Walls Must be Torn out and Replaced by Design-Builder for Failing to Meet Specifications for Rebar
A3 - Design-Builder Entitled to Contractual Indemnity from Subcontractor for Damages to Turbines
A4 - CGL Insurance Covers Damages Caused by Defective Workmanship of Subcontractor
A5 - Liquidated Damages in Design-Build subcontract Are Enforceable Even Where Far Exceeding Actual Damages
A6 - Contractor Permitted to Sue Architect for Implied Warranty of Specifications
A7 - Architect Owes No Contractual or Common Law Duty to Third Party for Alleged Negligence in Construction Administration Services Performed for Its Client-Homeowner