CM Report On Construction (2008)
2008
A summary of significant recent developments in the law focusing on substantive issues of litigation and featuring analysis and commentary on special points of interest.
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Articles in this report
AIA Subrogation Waivers
Accidents and injuries, to both persons and property, occur on construction sites every day. While often it is easy to place blame on the responsible party, getting their insurance company to cover the loss and pay the resulting damages is another issue. Often, the owner and General Contractor utilize the American Institute of Architects (AIA) form contract, A201.
AIA Waiver Of Subrogation Enforced After Project Completion
Contractors and Design Professionals are often sued for losses arising out of casualties long after their work is completed. For example, a fire loss may result in payment by the owner’s insurer to the owner. The insurer then files a subrogation action to recover its payment. The action is filed against alleged wrongdoers such as contractors or design professionals.
Design Professionals Can Limit Liability For Construction Site Injuries
One of the most significant issues facing architects and engineers involved in construction projects is how to limit exposure to claims by construction workers for personal injuries that occur on site.
Parties To Construct Contracts Cannot Use Indemnity Provisions To Opt Out Of The Contribution Act
The Appellate Court for the First District of Illinois has rejected the attempts of an owner/developer to use an indemnity provision to derail a settlement between a subcontractor and a plaintiff in a property damage case and held that the express policy of the Contribution Act to encourage good-faith settlements trumped the parties’ freedom to contract.
The Revival Of The Structural Work Act House Bill 2094 -- The Construction Safety Act Of 2008
House Bill 2094, the Construction Safety Act of 2008 ("Act"), is sponsored by state Rep. John A. Fritchey, a democrat from the 11th District in Chicago, and was filed on April 8, 2008. The stated purpose of the Act, "is to provide for the protection and safety of persons in and about the construction, repair, alteration, or removal of buildings, bridges, viaducts, and other structures, and to provide for the enforcement thereof."
