Owner of a 500-unit single-family community project sued the civil engineer who designed a dam, spillway and bridge, which were intended to create a lake and centerpiece of new community.  The dam failed, leading to $5,000,000 in owner claims related to increased construction costs, delay and diminished project value.  Alleged damages exceeded civil engineer’s $1,000,000 […]

Owner of a $50,000,000 light rail and transportation hub upgrade project sued the design-builder for $15,000,000 in additional project costs and delay relating to inadequate static frequency converter design.  Asserted claim amount exceeded the $1,000,000 in professional liability coverage held by design-builder.  Settlement achieved for $1,000,000 above the available design professional insurance.  

Single prime design delivery system for construction of a new dental school facility associated with a University. University made claim against the architect alleging design errors relating to structural steel; Life Safety Code violations; non-insulated pipe failures;  failure to properly staff project; failure to perform contract administration duties; lost value engineering opportunities; and project delay. […]

Multiple prime design delivery system for construction of new elementary and middle school buildings. The building foundations experienced cracking due to expansive soils beneath the slab-on-grade foundation design. School district conducted review and determined that the pre-design subsurface investigation by the geotechnical engineer was insufficient and should have discovered the expansive soils and recommended against […]

Single prime design delivery on the renovation of ductwork in a University building which houses both a geo-chemistry lab and student dormitory rooms. Exhaust hood fan speeds were insufficient to properly vent chemical fumes through auxiliary roof duct and instead, fumes entered general building ductwork and student dormitory area leading to health complaints from students. […]

Single prime design delivery system for the construction of a new school gymnasium facility and a classroom building at an existing elementary school. Due to an elevation error in the civil engineering plans, the new buildings were constructed 2 feet below the existing FEMA flood plain. Error was not discovered until after construction was completed. […]

Multiple prime delivery system plus construction manager at agency (no subcontracts) on a new elementary school construction project. School District alleged design and construction defects on project related to masonry walls and roof structure which led to water infiltration and mold. Alleged claim value exceeded available design professional insurance.  

Multiple prime delivery system on a University chemistry lab and science bldg renovation and addition. During the pre-design phase, University communicated chemical use and exhaust requirements for 2 cutting edge research professors. The HVAC ductwork designed by the MEP engineer does not contain stainless steel coating and smooth connection joints, which lead to premature corrosion […]

Source: The Daily Caller, August 30, 2013 By: Michael Bastasch The “war on coal” has five new casualties. A lawsuit brought by environmental groups has forced the shutdown of five Indiana coal-fired power plants by 2018, totalling 668 megawatts of power. Duke Energy announced that it would retire five coal plants as part of a […]

Source: Global Data Point, August 31, 2013 Posted on: http://envfpn.advisen.com MarkWest Energy Partners LP agreed to invest $650,000 to reduce flaring events at its Javelina gas processing plant in Corpus Christi, Tex., as part of a settlement of charges it violated the federal Clean Air Act, the US Environmental Protection Agency announced. The consent decree […]

Source: Tulsa World (OK), September 1, 2013 Posted on: http://envfpn.advisen.com An array of computer monitors blinks with charts and graphs in a dark room at the south Tulsa headquarters of Explorer Pipeline. Employees are looking for even the slightest changes in pressure, outflow, anything that would indicate even the smallest discrepancy. Above the monitors on […]

Source: Legal Monitor Worldwide, August 31, 2013 Posted on: http://envfpn.advisen.com Last week, the U.S. Court of Appeals for the Third Circuit said “no” and the decision has already prompted at least one new air emissions lawsuit against a power plant owner. In Kristie Bell, et al. v. Cheswick Generating Station, GenOn Power Midwest, L.P., No. […]