RT ECP: Claims - A&E Prof Liability

May 21, 2013

Claim Scenario – Property Damage / Condo Claim

Facts: Insured served as the MEP for a 244 unit condo project, under 3 separate contracts. The insured was advised that condensation was forming on windows in several units. The HOA claimed damages in excess of $15,000,000. Claim against the insured: It was alleged that the units did not receive enough fresh air from the […]

May 21, 2013

Unintended Consequences of Green Codes

Source: Construction Executive, May 2013 By: George H. DuBose The International Green Construction Code (IgCC) issued a year ago is a noble step forward for the design and construction community because it includes measures intended to create more efficient and higher performing buildings. However, the push toward green codification has some looming consequences that should […]

March 28, 2013

Port engineering firm faults construction, not design

Source: Anchorage Daily News, March 19, 2013 By: Lisa Demer Its prized Port of Anchorage project stalled and under fire, PND Engineers Inc. is fighting back, arguing that the problem was never its unusual design but rather flaws in construction. A lawsuit over the problematic new dock appears to be born out of politics, not […]

March 28, 2013

Silver Spring Transit Center unsafe and unusable without major repairs, officials say

Source: The Washington Post, March 19, 2013 By: Bill Turque A series of design and construction failures — including inadequate concrete strength and a lack of reinforcing steel — have left the Silver Spring Transit Center unsafe and unusable without major repairs, Montgomery County officials said Tuesday. The problems go far beyond what was previously […]

March 27, 2013

Parties Settle Lawsuit Over Miller Park Roof

Source: ConstructionEquipmentGuide.com The Miller Park stadium district and Mitsubishi Heavy Industries of America reached a multimillion-dollar agreement on Jan. 7 to settle a three-year court battle over costly repairs to the ballpark’s retractable roof. With the settlement, the two parties avoided a lengthy jury trial that was scheduled to start Jan 10. The two sides […]

March 27, 2013

Second Contractor Sues Turner Construction over Lane Stadium Delays

Source: Collegiate Times, July 5, 2006 By: Lindsey Pieper And the legal woes of the Lane Stadium expansion drag on. In what may turn out to be a recurring refrain of legality clashes and delays, Turner Construction, the general contractor of the expansion faces yet another lawsuit. In May, the Gate Precast Co. of Jacksonville, […]

March 27, 2013

Stadium construction company files law suit against Tech

Source: Collegiate Times, October 24, 2006 By: Ryan McConnell & Kevin Anderson Turner Construction Company has filed a lawsuit against Virginia Tech, maintaining that it is still owed over $30 million for its expansion and construction work on the West Stands of Lane Stadium. In their case, filed Sept. 13, 2006, Turner alleges that missing […]

March 27, 2013

Stadium construction leads to lawsuits

Source: Journal of Commerce, February 13, 2013 By: Peter Caulfield Two recent high-profile lawsuits involving contracted work on football stadiums in Winnipeg and Vancouver highlight the legal mayhem that can result when teams comprising projects owners, contractors and subcontractors get their signals crossed. In Winnipeg, the $190 million Investors Group Field, the new home of […]

March 19, 2013

County and transit settle lawsuit against Courthouse Square contractor

Source: http://www.statesmanjournal.com, March 14, 2013 By: Michael Rose The last lawsuit filed by Marion County and the transit district over Courthouse Square’s botched development has been settled. Century West Engineering Corp., the company responsible for Courthouse Square’s structural designs, will pay $605,000 a settlement, said Jolene Kelley, a Marion County spokeswoman. The county and Salem-Keizer […]

January 29, 2013

Design Professionals Owe a Duty of Care to Third Party Purchasers of Residential Buildings

Source: http://www.dritoday.org, January 16, 2013 By: Marc Zimet On December 13, 2012, the Court of Appeals for the First District filed its opinion in Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP et al. (No. A134542.) The decision is bad news for architects and other design professionals since it holds they can be […]

January 18, 2013

Georgetown business owners file first sinkhole lawsuit

Source: Georgetown Times (SC), January 18, 2013 By: Scott Harper The first lawsuit has been filed in connection with the sinkholes that formed in the City of Georgetown in late 2011 damaging several buildings and homes. Tony and Debbie Jordan filed the suit in the 15th Circuit Court Tuesday naming Davis & Floyd Engineering, Republic […]

January 9, 2013

Risk Tip – Just Because You Haven’t Had a Claim, Doesn’t Mean They Don’t Exist

Although your client may believe that since “I’ve never had a claim for a pollution incident or claim, I see no value in pollution insurance,” that is far from reality.  As your client’s trusted insurance adviser, your reply should be: Environmental claims are catastrophic type claims – low frequency, high severity.  Therefore, they don’t happen […]

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