(April 2, 2026 @ 6pm ET) 40 Minutes of Competence Study Session: Legal Shields in Construction Disputes
This week's Amber Book: 40 Minutes of Competence program is titled, “Legal Shields in Construction Disputes”
These study sessions are free and open to all, not just Amber Book subscribers, so join us this Thursday at 6pm ET: https://us02web.zoom.us/j/83922907346
You’ll take the first five minutes of class to answer this week's question alone, but if you would like to get a head-start on that, here is the assignment:
An owner who just moved his business into a newly-constructed plumbing supplies showroom comes into work on Monday morning to find a flood. A defective hot water heater had cracked Friday night from water temperature changes and the showroom had been submerged since. The local news recognizes the irony of a plumbing showroom with a plumbing disaster and features a story on the flood; the news video reel goes viral on social media. Each party signed the standard AIA contracts. In the disputes that follow the flood, the owner demands a settlement that includes money for his business’s lost reputation, and the installation of a more-expensive, but less likely to leak, tankless hot water heater to replace the tank that leaked. The contractor files a suit directly against the architect for specifying a hot water heater tank that is well-known to have problems with catastrophic cracks. Which legal principles will make it more difficult for the owner and contractor to win these specific claims? Select the best three answers.
A. Agency
B. Betterment
C. Fiduciary responsibility
D. Privity
E. Subrogation
F. Waiver of consequential damages
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