RT ECP: At-Risk CM

February 10, 2016

Trident seeking a minimum of $20 million in damages

Source: National Iraqi News Agency (Iraq), February 4, 2016 Posted on: http://www.advisen.com The company that managed the renovation and expansion of the Gaillard Center has added the city of Charleston to a lawsuit, blaming the city for delaying the project by furnishing a deficient design. Skanska-Trident, which had a $110 million contract with the city […]

November 16, 2015

Construction manager at risk decision in Massachusetts: Spearin updated for a new century

Source: http://www.lexology.com, October 27, 2015 By: Michael R. Bosse, Bernstein Shur Sawyer & Nelson PA In a widely reported case in Massachusetts, Coghlin Electrcial v. Gilbane Building Company, the Massachusetts Supreme Judicial Court upheld the implied warranty for the accuracy of plans and specifications from an owner in a context of a construction manager at risk […]

September 8, 2015

Erosion of the Spearin Doctrine of Implied Warranty in Alternative Project Delivery Methods

Source: http://www.smithcurrie.com By: Joseph Young The United States Supreme Court ruled nearly a century ago that a contractor is not responsible for consequences of defects in the plans and specifications when that contractor is bound to build according to plans and specifications prepared by the owner. U.S. v. Spearin, 248 U.S. 132 (1918).  This principle […]

July 17, 2015

Hoboken Condo Developers May Be Liable For Faulty Construction

Source: http://patch.com, July 15, 2015 By: Eric Kiefer Condominium owners are alleging that Cypress Point on Clinton Street was built with “structural defects” that caused water damage. The developers of a 53-unit condominium building on Clinton Street in Hoboken may still be on the hook for allegedly faulty construction to the exterior of the building. […]

June 16, 2015

University files $8.5 million lawsuit, in March, over Global Scholars Hall construction defects

Source: http://www.dailyemerald.com, May 27, 2015 By: Gordon Friedman Update 5/28: Hoffman Construction Company Executive Vice President Bart Eberwein was reached for comment this morning, although he could not comment directly on the lawsuit. “I can only say that we are trying to lean into the problem, hope to fix it, hope the students like the building and […]

May 12, 2015

Miami Dade College wins $33 million settlement over collapsed parking garage

Source: http://www.miamiherald.com, May 11, 2015 By: Carli Teproff Miami Dade College has reached a $33.5 million settlement with the contractor and subcontractors hired to build a parking garage at the Doral campus that collapsed during construction more than two years ago, killing four people and injuring seven others. The settlement, both parties say, will allow […]

February 23, 2015

Second District: Architect Failed to Protect Miami Valley Hospital from Lawsuits Spurred by Deadly 2011 Legionnaire’s Outbreak

Source: http://courtnewsohio.gov, January 20, 2015 By: Dan Trevas Architectural firm NBBJ L.L.C. may be financially responsible for Miami Valley Hospital’s litigation costs arising from the 2011 deadly Legionnaire’s disease outbreak, an appeals court ruled. The Second District Court of Appeals last week upheld a summary judgment granted to Miami Valley Hospital (MVH) and its corporate […]

August 11, 2014

Problems at UNLV library add up to $1 million

Source: http://www.lasvegassun.com, March 22, 2001 More than $1 million might be needed to cure construction defects at the Lied Library at UNLV, and the state is preparing to do legal battle with the contractors and subcontractors who claim they are still owed $6.5 million for extra work. The state Board of Examiners received an update […]

July 29, 2014

Recent Decision on Construction Manager Duty to Indemnify DCAM

The attached documents detail a recent Massachusetts decision that could impact general contractors and their expectations on building projects.  In the case of Coghlin Electrical Contractors, Inc. v. Gilbane Building Company & Travelers Casualty & Surety Co. of America, No. 2013-1300-D (Mass. Sup. Ct., June 24, 2014) (Davis, J.) a court “dismissed a Construction Manager’s […]

June 24, 2014

Design flaws in New York university can be split into two separate claims: Court

Source: http://www.businessinsurance.com, June 23, 2014 By: Judy Greenwald Two design flaws in construction of a City University of New York building entitle the building’s owner, the Dormitory Authority of the State of New York, to two separate limits of liability, says an appeals court, in upholding a lower court ruling that the two claims were […]

June 28, 2012

Curtain-wall Falls; Kills Pedestrian

A construction manager and architect, retained by a developer through a “single point of responsibility” contract, engineered, designed and constructed a 70-story office tower. Architectural drawings specified a curtain-wall system. Two years after completion, one  fell from the face of the office tower, killing a pedestrian. The victim’s estate sued all parties involved in the tower […]

December 15, 2011

14 Firms Named as Defendants in Binghamton Wastewater Suit

Source: http://enr.construction.com, December 14, 2011 By: Candy McCampbell Binghamton, N.Y., and Johnson City, N.Y., and their joint sewage board have gone back into court, detailing design and construction mismanagement problems at the sewage treatment plant where a 100-ft wall collapsed in May. Defendants now include 10 engineering or construction firms as well as four insurance […]

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