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