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 […]

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 […]

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 […]

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 […]

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. […]

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 […]

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 […]

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 & […]

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 […]

Source: http://press.hse.gov.uk, March 13, 2015 Three construction companies have been fined after a worker was crushed by a falling section of conveyor at a plant in Sleaford. The incident happened during construction of the Sleaford Renewable Energy plant on Boston Road on 14 February 2013 when the 4.5 tonne conveyor section overturned during installation. It […]

Source: http://www.lawyersandsettlements.com, September 18, 2007 Scott Wall Construction of Olympia brought a lawsuit against Lacey Fire District No. 3 in October 2005, alleging that the district was responsible for deficient plans and unfair management by TCF Architecture of Tacoma and Olympic Associates Co. of Seattle, regarding the construction of three fire stations. The suit claimed […]

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 […]