RT ECP: Claims - A&E Prof Liability

August 1, 2025

Building Design Disputes – New Analysis of Direct v. Consequential Damages in Florida

Source: https://www.spilmanlaw.com/, July 30, 2025 By: Stephanie U. Eaton Are design professionals involved in your Florida project?  If so, then you need to be aware of this newly decided case. The U.S. District Court for the Middle District of Florida, in Orlando, issued an Order on July 11, 2025, confirming that in Florida, remediation costs […]

July 31, 2025

New details emerge in Hilltopper Hall lawsuit

Source: https://bgdailynews.com/, July 21, 2025 By: David Horowitz New details have emerged in the lawsuit over Hilltopper Hall, the residence hall that served Western Kentucky University students for about six years before closing due to design and construction flaws in early 2024. The plaintiff – the WKU Student Life Foundation, a nonprofit that owns and […]

July 23, 2025

After closures, no inspections slated for residence halls serving WKU students

Source: https://bgdailynews.com/, July 20, 2025 By: David Horowitz The foundation that owns Western Kentucky University’s residence halls as of June appeared to have no plans for additional inspections following the closure of three residence halls designed by the same firm. In May, the nonprofit Student Life Foundation – which owns the residence halls serving Western […]

June 4, 2025

No Immunity for Design Professional for Poor Highway Design

Source: https://www.irmi.com/, May 23, 2025 By: Kenneth Slavens Review and approval by state and federal authorities of a highway design did not provide immunity to the design engineers from personal injury claims. See Ives v. HMB Pro. Eng’rs, 2024 WL 2487850, 2024 Ky. App. LEXIS 41 (Ct. App. May 24, 2024). Facts of the Case This personal […]

May 14, 2025

Construction Management and Delegated Design

Source: Miller Insurance The Insured provided general contracting and construction management services for the construction of a four story, 83-unit apartment building. After construction had started, the Insured discovered a survey error that was made by its survey subcontractor. The error resulted in the construction of a larger structure, resulting in added construction costs. Our […]

May 8, 2025

Survivor of deadly 2022 bridge collapse sues Clay County, engineering companies

Source: https://fox4kc.com/, May 7, 2025 By: Delaney Eyermann A construction worker who who survived the deadly Clay County bridge collapse in 2022 is suing the county and two companies he says are responsible for the tragedy. Kaden Bax is suing Clay County, Crockett Engineering Consultants, LLC and WSP USA, Inc for the deadly bridge collapse on Oct. […]

April 30, 2025

Water plant engineering firm seeks to shift liability in city’s lawsuit to subcontractor

Source: https://www.logandaily.com/, April 26, 2025 By: Jim Phillips One company is being dropped from the city of Logan’s lawsuit over the allegedly faulty design and construction of its water treatment plant, while another firm is being drawn into the litigation. Logan City Council recently approved a settlement in the federal lawsuit in which the city agreed, […]

April 23, 2025

Failure to Select Adequately Qualified Subs

Source: Miller Insurance The Claimant is the owner/developer of a planned, mixed-use commercial development site. The Insured acted as a design-build contractor responsible for the bulk of the design and construction work at the Project. The Insured’s design was to be based on the Claimant’s architectural design. The Claimant sued the Insured alleging defects and […]

April 21, 2025

Value Engineering

Source: Miller Insurance The Insured designed a multi-use pathway with a ramp and with a 6″ wide grass strip between the road and the pathway. In order to save costs, the County told the Insured to eliminate the ramp and shrink the grass strip to 4″. The Insured approved the design change. The Plaintiffs crossed […]

April 21, 2025

Value Engineeing

Source: Miller Insurance The Insured provided structural engineering services in the design, detailing and specifications for a fish lab/incubator project with an access roadway. Before construction began, the Architect and Owner value-engineered the project, removing a portion of sheet piling which would have supported the road. The Insured acquiesced to that change even though it […]

April 10, 2025

‘Dripping black substance’ caused by construction errors leads Brookfield’s library to seek $1.3 million fix

Source: https://www.rblandmark.com/, March 27, 2025 By: Trent Brown A “black substance” has been dripping from the exterior of the Linda Sokol Francis Brookfield Library since shortly after its construction was completed in July 2021, Executive Director Kim Coughran said Wednesday. Now, after drafting a formal complaint, the library board is looking to settle out of […]

November 21, 2024

“Building” a Better Plan for Design Professional Expert Witnesses: Theater Patrons Trapped in Elevators After Architect’s Failure

Source: https://www.tysonmendes.com/, November 13, 2024 By: Scott Ruksakiati and Sam Manning Background A contract dispute arose between the Chicago Shakespeare Theater (“theater”) and Adrian Smith + Gordon Gill Architecture LLP (“architect”), the architectural firm retained to design the theater’s “The Yard” at Navy Pier. The architect sued the theater over unpaid fees. The theater counterclaimed, […]

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