A. Does our Client have a claim against us for the water damage to the building based on Breach of Contract? Explain.
B. Does our Client have a claim against us for the loss of the valuable Mozart music transcripts and other objects of art, including paintings based on design error? Explain. Based on Breach of Contract? Explain.
C. Is there a basis for us being liable for the General Contractor's use of the defective waterproofing materials? Explain Why/Why Not?
D. Are we liable for failure to adequately inspect the General Contractor's or the subcontractor's work in a timely manner? Explain.
E. Identify any defenses you think we have and state the facts you believe are supportive of us using those defenses. What additional facts might be helpful if we can identify them?
F. Is the General Contractor liable to our client for the Subcontractor's failure to comply with our instructions? Explain.
G. Does our Client have a claim against us and/or the General Contractor based on the issuance of the Certificate of Substantial Completion? Why/Why not? Certificate of Final Payment/Lien Release? Why/Why not?
H. Does the General Contractor have a defense based on the issuance of the Certificate of Substantial Completion? Why/Why not? Based on the issuance of the Certificate of Final Payment/Lien Release? Explain.
I. Is there a basis for our Client's claim for damages to be apportioned between the General Contractor and us? Do you think our Subconsultant, the Geotechnical Engineering Company has any responsibility or liability exposure to us? The General Contractor? Our Client? Explain for each.
J. Would we potentially have less liability exposure if our client had contracted with the Geotechnical engineering company instead of us subcontracting with them? Explain.
K. Identify specific provisions in our contract with our Client as well as the other contracts I mentioned above that I should be aware of that may impact our liability exposure.
L. Identify the type of and an estimate the damages we might be liable for.
M. There has been some unconfirmed information via "the grapevine" that the Subcontractor's insurance expired on September 3, 2016 and they may be preparing for a bankruptcy filing within the next thirty (30) days from today. Might either of those facts, if true, affect our potential liability exposure? Explain your analysis.
N. Do you think it was prudent to notify the Surety? Why-Explain and identifr any issues the Surety may raise.
O. Identify all the issues associated with the $2.1 million Change Order negotiations and mediation activities that you think I should be aware of. What is your advice on what our role in this negotiation/mediation should be going forward in light of the flooding and destruction of the client's property that recently occurred?
P. Is there a reasonable possibility we may be considered an "agent" of our Client during construction? Explain your answer.
Attachment:- Imminent Lawsuit-Museum Project.rar