RT ECP: Claims - Contr Prof Liability

January 26, 2024

Burlington School Districts agrees to $880,000 settlement with Aldo Leopold construction manager for 2020 lawsuit

Source: https://www.mississippivalleypublishing.com/, January 26, 2024 By: Brad Vidmar The Burlington School District has released the details of their recently revealed $880,000 lawsuit settlement with construction manager Carl A. Nelson and Company (CANCO) for issues related to construction work performed at Aldo Leopold Intermediate School. In September 2020, the district filed a lawsuit against CANCO, Des […]

November 10, 2023

Design Done Wrong

Source: Berkley Construction Professional A general contractor was hired to build a new home and its CAD operator designed the home with a structural flaw that caused the roof to collapse during construction resulting in significant property  damage and injury to workers on the site. The total amount paid to resolve this claim was  $375,000.

November 7, 2023

Penny Wise, Pound Foolish

Source: Berkley Construction Professional A contractor designed a roof system for a specialized manufacturing facility and then subcontracted the construction  to a specialty roofing contractor. After the facility was completed there were major issues with the roof system. The  roofing product manufacturer declined the warranty due to the fact that it was installed without a […]

November 1, 2023

Cleaning Gone Wrong

Source Berkley Construction Professional A general contractor directed its flooring subcontractor to clean the project’s tile floor as it had a cloudy film despite several prior cleaning attempts. The subcontractor utilized a caustic substance that caused corrosion to metal furniture and HVAC system components. The owner demanded these items be replaced. Unfortunately, the general  contractor’s contract with […]

October 27, 2023

Ensure Subcontractors Know the Code

Source: Berkley Construction Professional A general contractor subcontracted the installation of an HVAC system for an assisted living facility. The HVAC subcontractor submitted a value engineering alternative to the mechanical engineer who requested additional information before approving. The HVAC subcontractor did not provide the additional information and proceeded to order the equipment for the unapproved […]

October 25, 2023

Up in Smoke

Source: Berkley Construction Professional A design-build contractor hired an engineer for a multi-building commercial office complex. The main tenant could  not obtain a certificate of occupancy as the buildings failed their smoke tests due to the negligence of the engineer.  Unfortunately, the design-build contractor permitted the design firm to include a limitation-of-liability clause in its  […]

October 19, 2023

Measure Once, Check Twice

Source: Berkley Construction Professional A design-build contractor placed foundation piles for a high-rise apartment building in incorrect locations due to an error by a land surveyor they hired. The surveyor was uninsured and had gone out of business. The design builder  needed to fund the settlement because there was no other insurance available. The remediation […]

October 18, 2023

Hickory can move forward following $1.3 million arches settlement, mayor says

Source: https://hickoryrecord.com/, October 18, 2023 By: Kevin Griffin Hickory Mayor Hank Guess said Wednesday the city can now move on after reaching a $1.325 million settlement in the collapse of the City Walk arches. “We’re satisfied with the result of the settlement and we’re wanting to move ahead with all the exciting economic development projects […]

October 17, 2023

When it Rains, it Pours

Source Berkley Construction Professional A contractor drilled holes throughout the roof of a hotel while installing a cell phone tower. During a rain storm, a tarp failed to keep the rain out of the hotel.  Water intrusion occurred at several locations within guestrooms, hallways and the main lobby causing microbial damage. The total amount paid […]

October 13, 2023

It’s Not All It’s Cracked Up to Be

Source: Berkley Construction Professional A design-build contractor completed an apartment complex and the owner alleged that concrete cracking throughout the building and on numerous balconies severely impacted the owner’s ability to rent the apartments. It was  determined that the foundation design caused the cracking. Repairs had to be made and the owner also needed to […]

October 10, 2023

Expansion Gone Wrong

Source: Berkley Construction Professional A contractor was hired to complete the expansion of a port facility. The contractor hired subcontractors and failed to  coordinate and schedule the trades correctly. The error in the contractor’s scheduling of the subcontractors correctly  caused delays and significant monetary damage. The total cost to remediate the situation and reimburse the […]

October 10, 2023

City’s lawsuit against splash pad contractors could go to trial in September 2024

Source: https://www.observerlocalnews.com/, October 10, 2023 By: Sierra Williams Palm Coast’s lawsuit against the contractors who built the cracked and peeling splash pad at James F. Holland Park could go to trial in September 2024. Trevor Arnold, an attorney with the GrayRobinson law firm, is the lead attorney on Palm Coast’s suit against twelve different companies […]

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