RT ECP: Claims - A&E Prof Liability

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, […]

May 21, 2013

Claim Scenario – Structural Engineer: Condo

Facts: Insured provided structural engineering services in connection with a structural podium, which was to support a 4 story wood frame condo. Insured contracted directly with the developer/GC. The insured discovered that there were beams, which were undersized in the structure. Claim against the insured: Initially it was believed that beams were undersized and needed […]

May 21, 2013

Claim Scenario – Architect: Religious/Church Facility

Facts: Insured, architect, was retained to design a new sanctuary, social hall, office space and community gathering area for a Synagogue project. The Congregation claimed that the building did not meet the objectives and functionality of the Congregation, the applicable building codes were not followed and there were ADA concerns. The building received numerous design […]

May 21, 2013

Claim Scenario – Bodily Injury/Civil Engineer

Facts: An employee at an automatic car wash was crushed by a truck when he jumped in front of it to try and stop it. The insured, civil engineer, designed a grading plan for a car wash over 16 years ago. The named insured acquired another firm and the predecessor firm was an additional insured […]

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, […]

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