RT ECP: Claims - A&E Prof Liability

October 29, 2013

Del. gets $5.2M in IR bridge settlement

Source: http://www.delmarvanow.com, October 27, 2013 By: Beth Miller The state Department of Transportation announced Friday it had reached settlement with two engineering firms it sued for losses in an ill-fated Indian River Inlet bridge project that was mired in problems for years. Delaware will get $5.25 million from the two firms — $5 million from […]

October 23, 2013

FDOT Privatization: Trouble in Paradise?

Source: http://southeast.construction.com, May 2005 By: Scott Judy Dealing With Problems, Agency Pushes Accountability One day after a major rainstorm in January 2004, construction crews discovered evidence of cracking on some of the piers of the nearly completed $60 million Memorial Causeway Bridge in Clearwater, Fla. Further investigation revealed deep cracks penetrating more than halfway through […]

September 20, 2013

No Coverage for Claim Expenses Where Insured Did Not Obtain Prior Written Consent of Insurer

Source: http://www.wileyrein.com, September 18, 2013 The United States District Court for the District of New Jersey, applying New Jersey law, has held that a policy provision requiring written consent of the insurer in order for claims expenses incurred by the policyholder to be reimbursed is unambiguous. Paulus Sokolowski & Sartor, LLC v. Cont’l Cas. Co., […]

September 11, 2013

Pinellas County sues contractors over Lake Seminole clean-up

Source: http://www.tampabay.com, September 3, 2013 By: Anna M. Phillips Pinellas County is suing the two companies it hired years ago to design and build several water treatment facilities for Lake Seminole as part of an attempt to reduce water pollution. The lawsuit, filed Aug. 21, claims that Environmental Research and Design and Tampa Contracting Services […]

August 13, 2013

Branson airport sues Burns & McDonnell, other firms, over foundation problems

Source: http://www.kansascity.com, August 7, 2013 By: Kevin Collison The owner of the private Branson Airport is accusing Burns & McDonnell and three other firms of designing and building a $70 million runway foundation that partially collapsed just two years after the facility opened in 2009. Branson Airport LLC, which operates what’s described as the nation’s […]

August 12, 2013

Stairway to Hell: A Spanish Skyscraper's Elevator Disaster

Source: http://www.spiegel.de, August 12, 2013 By: Frank Patalong The 47-story luxury In Tempo tower in Benidorm, Spain was hyped as the tallest residential building in the European Union. Now a series of construction snafus — including an inadequate elevator shaft — have turned it into a national embarrassment. It should have been the pride of […]

July 10, 2013

Work to begin at Silver Spring Transit Center within a week

Source: http://www.gazette.net, July 9, 2013 By: Kara Rose Leggett said county was cleared to begin work on concrete slabs Monday County Executive Isiah Leggett said Monday night that he took full responsibility for the delayed opening of the troubled Silver Spring Transit Center, also announcing work to fix the center will start within a week. […]

July 3, 2013

Engineer granted rare summary judgement

Source: Beazley Pro, Summer 2013 Facts: After sustaining serious injuries in a fall in a sports facility parking lot, the plaintiff sued the property owner, who in turn filed a third-party action against our insured, an engineer. This suit against the engineer alleged that deficiencies and code violations in his design of the facility’s parking […]

June 13, 2013

Witness Notes Communication Lapse in Ontario Mall Collapse Testimony

Source: http://enr.construction.com, June 12, 2013 By: Jonathan Barnes and Richard Korman A communication breakdown at an Ontario engineering firm contributed to flaws in an inspection that failed to detect weaknesses in a mall roof before it collapsed. The engineer who wrote a report based on a visual inspection, stating that the mall roof was sound […]

May 21, 2013

Claim Scenario – Client Selection and Project Selection

Facts: The insured provided architectural design services for a single floor high-end renovation condominium project ($7.5M renovation budget).  After the project was completed the insured was owed $65,000 in fees.  When architect requested the outstanding fees, the owner (a wealthy, high-profile figure) indicated that he was unhappy with a number of features of the condominium, […]

May 21, 2013

Claim Scenario – Communication, Documentation, Negligent Supervision

Facts: Insured provided architectural services, including construction administration with review of payment applications to a church assembly group. Contractor abandoned the project after receiving $1.1 million in funds for material. Contactor could not be located at the time the lawsuit was filed, had no insurance and was bankrupt. Alleged damages in excess of $2 million. […]

May 21, 2013

Claim Scenario – Condo and Joint and Several Liability

Facts: Insured, structural engineer, designed a 2 story deck for a 3 unit condo complex. While standing on the deck, the railing came off and plaintiff fell 30 feet to the street making him paraplegic (he was intoxicated at the time of the incident). Claimed damages $37 million for future lost wages, pain and suffering, […]

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