Legal Ease

Precedents and contract provisions

Sometimes, court decisions are surprising. And because case law develops through reliance on precedent, one surprising case decision can lead to several more cases with similar outcomes and the establishment of a legal principle that may not have been intended.

Several recent decisions interpreting property damage insurance provisions in The American Institute of Architects (AIA) standard contract documents illustrate this point. Appellate courts in several states have ruled that a contractor whose actions caused property damage to a building was not liable for the loss because AIA contract documents provide that the owner's property insurance was contractually stipulated to pay for the loss and the parties agreed to waive claims against one another.

If such rulings are relied on by other states, the effect would be that owners' property damage insurers, rather than roofing contractors and their insurers, would be liable for interior property damages that occur during reroofing of buildings.

AIA provisions

Log in or register for FREE access to this article and other Professional Roofing online content.

Not a user?

Register now for free access
  • Full access to every article
  • Online Web exclusive information
  • Photo gallery
  • Breaking news
  • Online classified ads

Already a user?

User name:



Forgot Your Password?