RT ECP News Center

December 27, 2010

Kimmel reaches a settlement

Source:  The Philadelphia Inquirer, March 7, 2006 By Peter Dobrin, Inquirer Culture Writer Bringing down the curtain on a bruising public relations bout, the Kimmel Center for the Performing Arts and its star architect, Rafael Viñoly, have agreed to an out-of-court settlement in the Kimmel’s lawsuit against his firm. Neither side would provide details of […]

December 27, 2010

Design Error Causes Delays and Cost Overruns

A general contractor (GC) constructed a new 750-megawatt natural gas-fired power facility on a 47-acre site in New England. The GC’s responsibilities on the project included design (subcontracted), construction, and all equipment installation.  The design professional (DP)was contracted directly with the GC to provide the design services.  The DP’s design error primarily caused delays and […]

December 27, 2010

Paying for Others’ Mistakes

A contractor was performing design, construction and construction management services for a five-story motel project. The masonry contractor placed hollow concrete blocks without proper rebar reinforcement as specified in the plans. The owner discovered the improper construction and demanded the structure, now at the second floor, be torn down and rebuilt according to the specs. […]

December 27, 2010

GC/CM Held Responsible for Site Safety

A worker was seriously injured during construction by a collapsing wall. In his lawsuit, he alleged that the general contractor/construction manager was negligent for failing to provide for safety precautions. The courts agreed and held that the general contractor/construction manager was responsible for inspecting continuously or supervising the work of the subcontractors, including the right […]

December 27, 2010

A Lapse in Judgment—and Insurance

A contractor subcontracted the design of a ventilation system to a mechanical engineer. The engineer miscalculated the cooling needs of the building and specified an inadequate ventilation system. Because of the system’s poor performance, the building owner demanded $180,000 to replace it. At the time of the claim, the mechanical engineer had let his Errors […]

December 27, 2010

Building Sued After Construction Defects Found at Apartment Complex

After purchasing an apartment complex in Texas from the original builder/developer, the plaintiff  claimed that the property had a number of construction defects.  The plaintiff sued the builder/developer as well as a number of other parties who were involved in the design and/or construction of the residence.  After a significant amount of discovery, the defendants developed […]

December 27, 2010

Architect's Design Defect Delays School Project & Leads to Lawsuit

A contractor retained an architect for a school project who provided a certificate of insurance showing a $3 million limit of liability. During construction, a design defect was discovered that delayed the project for several months. The school district was forced to rent portable classrooms and filed for substantial damages against the contractor. Although the […]

December 23, 2010

Water Infiltration on Condo Project

A construction manager was hired to construct a condominium project.  Water infiltration occurred around the windows that was caused by defective construction including the improper installation of flashing.  Accusations were made for negligent construction management.  Five million dollars in damages were sought. This is a claim scenario developed from a single claim or several claims […]

December 23, 2010

Asbestos Level Underestimated

A claim for an at-risk construction management firm arose during extensive renovation and abatement at a school.  The construction manager hired a firm to estimate the levels of asbestos in school.  The claimant alleged that the level of asbestos was grossly underestimated resulting in an additional $13 million during construction to abate asbestos.  This is […]

December 23, 2010

Risky Business: EPA Builds List of Potentially Dangerous Chemicals

Source: Politics Daily As the rates of learning disabilities, autism and related conditions rise, the Environmental Protection Agency is preparing to release a roster of the pollutants likely to contribute to these or other neurological disorders. In an ongoing, three-year effort, an EPA team has determined which developmental neurotoxicants — chemicals that damage a fetal […]

December 23, 2010

Construction Manager Sued Over Negligence

A construction firm performed At-Risk Construction Management services to widen a 100 mile two-lane highway. The insured subcontracted the construction management and engineering services.  The claimant alleged pavement heaves, inadequately compacted fill holes, settlement, sink holes, and depression on the bridge decks.  The claimant sought costs for necessary repairs or replacement of the work directly […]

December 23, 2010

Claims Settled in Delay and Disruption Damages Case

The design/build contractor on an expansion of a convention center subcontracted the design and construction work and served as the construction manager on the project. There was a six month delay in structural steel erection and inspection, impacting several subcontractors’ sequences which required schedule changes. Four of the subcontractors issued claims for delay and disruption […]

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