RT ECP: Claims - A&E Prof Liability

February 10, 2016

Top Ten Design Flaws – building new and remodeling

Source: http://www.livingstoneconstruction.com In part from “Patterns of Home” by Max Jacobson, Murray Silverstein and Barbara Winslow, with eye of adjustment towards resale. Ignoring Site Characteristics (trying to force preconceived ideas or plans) Insufficient programming (thinking/talking it through) Over building (too much square footage can weaken design integrity) Poor Circulation (function of space and relationship to […]

February 10, 2016

10 Famous Structures With Catastrophic Hidden Flaws

Source: http://listverse.com, June 26, 2014 By: Larry Jimenez No human artifact is perfect. While we may marvel at the beauty and creativity of many of our historic structures, they contain defects hidden underneath the familiar and iconic forms. Some flaws are cosmetic and may be forgiven or overlooked, while others are more serious and pose […]

January 25, 2016

Brooklyn Bridge Park Is Suing Engineer Of Shoddy Squibb Bridge

Source: http://gothamist.com, January 22, 2016 By: Jen Carlson In 2013, the Squibb Park Pedestrian Bridge was opened, connecting Brooklyn Heights to Brooklyn Bridge Park and DUMBO. The Park has been vastly developed in the preceding years, with more visitors and foot traffic throughout—while the bridge didn’t save much time, it was a nicer way to […]

January 18, 2016

NDSU seeks $1.6M from Legislature to cover costs in Minard Hall collapse

Source: http://www.inforum.com, December 3, 2015 By: Grace Lyden North Dakota State University may soon request $1.6 million from the state Legislature to cover costs related to the Minard Hall collapse in 2009. The State Board of Higher Education’s budget and finance committee voted unanimously Wednesday in Bismarck to recommend that the full board give NDSU […]

January 14, 2016

Nullum Tempus Occurrit Regi? No, But the King Still Has a Long Time

Source: http://www.donovanhatem.com, Design and Construction Management Reporter, January 2016 By: By Lucas M. Blackadar, Esq. and Jonathan A. Barnes, Esq. In 1996, construction of the law school at the University of Connecticut(“University”) was completed. In 2008, the State of Connecticut (“State”) and the University sued the design professionals and contractors that worked on the University […]

December 17, 2015

Limitation of Liability Clause Enforced in Favor of Architect by Georgia Court

Source: http://www.constructionrisk.com, January 2011 By: J. Kent Holland A $50,000 Limitation of Liability clause in a contract was enforced by the Georgia Court of Appeals in a case where a developer sued an architect for breach of contract and negligence when a retaining wall designed by the architect failed.   The architect’s motion for partial summary […]

December 16, 2015

Limitation of Liability Clause Protecting Owner is Not Voided by Owner’s Breach of Contract or Alleged Bad Faith

Source: http://www.constructionrisk.com, February 2011 By: J. Kent Holland, Jr. A Limitation of Liability clause (LoL) in a contract was upheld by a court notwithstanding allegations that the project owner had acted in bad faith in its treatment of the contractor.  It was held to apply, however, only to the damages that would be awarded under […]

December 14, 2015

Limitation of Liability Clause Enforced – $70K Limit on $4.2 Million Claim

Source: http://www.constructionrisk.com, October 2013 An architect’s contract containing a limitation of liability clause (LoL) was enforced to grant a partial summary judgment limiting the architect’s liability to $70,000 in the face of a $4.2 million claim for damages due to structural problems that required a nearly completed hotel to have to be demolished. The U.S. […]

December 10, 2015

Limitation of Liability Clause Enforced – Even in Face of Allegations of Gross Negligence

Source: http://www.constructionrisk.com, October 2013 Where a limitation of liability clause in a design professional contract would limit a homeowner’s claim against its designer to the total fee for services, the plaintiff sought to avoid the affects of the clause by asserting that the designer had acted with gross negligence in drafting plans that resulted in […]

September 18, 2015

Pennsylvania appellate court confirms exception to economic loss doctrine for claims regarding faulty design documents

Source: http://www.lexology.com, September 15, 2015 By: Laura Freid-Studlo In Gongloff Contracting, L.L.C. v. L. Robert Kimball & Associates, Architects & Engineers, Inc., 2015 Pa. Super 149 (Pa. Super. Ct. July 8, 2015), the Superior Court of Pennsylvania reversed the trial court’s decision and held that a claim for negligent misrepresentation could be based on faulty design documents […]

August 10, 2015

Oil Rig Maker Blamed for Fatal Collapse

Source: http://www.courthousenews.com, August 10, 2015 By: Cameron Langford Twenty-eight workers injured when an oil rig collapsed, killing one in the Bay of Campeche, sued the rig manufacturer in Federal Court. Plaintiffs include the estate representative of Isidoro Solorzano Castillo, who was fatally injured in the May 5 incident. The workers sued rig maker Friede & […]

May 14, 2015

Charleston, Wa., Airport, Insurer at Odds Over Runway Extension Collapse

Source: http://enr.construction.com, May 12, 2015 By: Nick Zeman The failure in March of a geosynthetically reinforced runway extension at Charleston, W.Va.’s Yeager International Airport has triggered a lengthy dispute among the airport’s insurance carrier, AIG Aero, the designer Triad Engineering and contractor Cast and Baker over the liability for damages, currently estimated at $16 million […]

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