RT ECP: Claims - A&E Prof Liability

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 […]

January 8, 2013

12-year composter suit settled

Source: The Charleston Gazette, January 7, 2013 By: Jim Balow A 12-year-old lawsuit against the designers of Charleston’s ill-fated composting facility has finally been settled, City Council members learned Monday. O’Brien & Gere, the New York-based engineers that designed the former sewage sludge composting facility in North Charleston, agreed to settle the city’s suit for […]

December 18, 2012

Design Professional Found in Breach of Contract, but Damages Limited Based on Contract Language

Source: Beazley, A&E Reporter, Volume 7, Issue 3 – Fall 2012 In a mixed result for design professionals, the United States District Court for the Southern District of Indiana issued an amended final decision following a bench trial with respect to a breach of contract claim filed by a corporate hotel owner (“SAMS”) against an […]

December 12, 2012

Colson Hicks takes on Miami garage collapse lawsuit

Source: South Florida Business Journal, December 4, 2012 By: Paul Brinkmann One of South Florida’s best-known plaintiffs firms, Coral Gables-based Colson Hicks Eidson, is among the first to handle a lawsuit connected to the Oct. 10 Miami Dade College parking garage collapse in Doral. Colson Hicks attorney Ervin Gonzalez, is representing Migdalia Lopez, widow of […]

November 15, 2012

Jefferson Parish settles lawsuit with performing arts center architect

Source: The Times-Picayne Greater New Orleans, November 13, 2012 By: Drew Broach Jefferson Parish has largely blamed the architectural firm Wisznia Associates for the Jefferson Performing Arts Center boondoggle. Now the parish has settled its lawsuit against the company for $1.3 million, although Wisznia did not admit liability. That $1.3 million is less than the […]

November 12, 2012

Tampa Bay Water ordered to pay engineering firm $20 million over reservoir suit

Source: http://www.tampabay.com, November 6, 2012 By: Craig Pittman The company that designed Tampa Bay Water’s cracked reservoir deserves $9.2 million in attorneys’ fees and $10.8 million in expenses for defending itself against the utility’s unsuccessful lawsuit, the federal judge overseeing the case ruled. U.S. District Judge James Whittemore called the fees “extraordinary” but explained in […]

November 12, 2012

REE miner Molycorp sues Project Phoenix engineers for $45m-plus in damages

Source: http://www.mineweb.com, November 6, 2012 By: Dorothy Kosich Facing liquidity concerns and a weaker rare earths market, Molycorp is suing the engineering firm it considers responsible for delays and cost overruns at its flagship Mountain Pass facility expansion. U.S. rare earths producer Molycorp has sued the engineering firm formerly in charge of designing the chemical […]

May 11, 2012

NDSU Minard Hall lawsuit filed

Source: Inforum, May 10, 2012 By: Marino Eccher 3 building contractors to go into court this week North Dakota State University’s lawsuit against three contractors over the collapse of Minard Hall finally made its way into the Cass County District Court this week. The lawsuit, which was served in December, claims the contractors failed to […]

May 1, 2012

Jury's Verdict for HDR is Major Setback for Tampa Bay Water

Source: http://enr.construction.com, April 23, 2012 By Scott Judy After a federal jury took just four hours to rule that HDR Engineering’s design did not cause the cracks at Tampa Bay Water’s six-year-old reservoir, the utility was left with nothing for its gamble on a $30-million settlement offer but an estimated $24 million in legal bills. […]

April 4, 2012

Rush Sues Architect, Engineering Firm That Worked On New Hospital

Source: http://chicago.cbslocal.com, March 30, 2012 Just a few months after opening its new main hospital building with much fanfare, Rush University Medical Center is suing the architect and engineer that developed it. As WBBM Newsradio’s Kris Kridel reports, the hospital is suing its architectural firm, Perkins & Will, and its engineering firm, Environmental Systems Design, Crain’s […]

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