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RT ECP: Claims - Contr Prof Liability

December 4, 2020

UMass lawsuit seeks nearly $3 million over alleged construction flaws

Source:, December 3, 2020 By: Scott Merzbach The University of Massachusetts and the UMass Building Authority are suing eight contractors for almost $3 million for their alleged role in the collapse of ductwork in kitchen exhaust systems at a refurbished dining facility on the Amherst campus. The lawsuit, filed in Hampshire Superior Court in […]

November 9, 2020

Civil Unrest

Source: Sirius Group “In-Box”, November 2020 A civil general contractor was hired to clear, grade and perform infrastructure construction (including utilities and streets) for a plot of land which was going to be developed into residential housing. The contractor hired a land surveyor to stake out the development prior to construction. The subcontracted land surveyor made […]

November 9, 2020

Fire Sprinkler Design Mishap

Source: Sirius Group “In-Box”, November 2020 A fire sprinkler company was hired to design and install a fire sprinkler system for a boutique hotel in Texas.  During the inspection for the certificate of occupancy, it was determined that the sprinkler system was improperly designed for the hotel.  The opening of the hotel was delayed and the sprinkler system had […]

November 9, 2020

Specialty Contractor

Source: A specialty contractor was hired by a general contractor (GC) to design and build a retaining wall for a commercial development. The GC was responsible for the initial site development and infrastructure. Upon competition, the building developed cracks in both the walls and floors. It was determined that the design of the retaining […]

November 9, 2020

Civil Contractor

Source: A heavy highway and bridge contractor was hired to build an elevated highway. The contractor hired an engineer to design the temporary support structures (false work) used to support the permanent structure until the highway was completed. A design flaw in the false work caused a partial collapse of the highway resulting in […]

November 9, 2020

Concrete Contractor

Source:</span A specialty concrete contractor under a design-build contract of a parking garage hired an engineering firm to provide the structural specifications. Following construction, the garage owner noticed cracks in the support columns. The cause was determined to be that the rebar specified in the engineering plans was insufficient to support the structure. The […]

November 9, 2020

General Contractor (GC)

Source: A GC under a design-build contract hired an HVAC subcontractor to design and install an HVAC system for a residential apartment project. Once completed and occupied, the apartment units began developing mold and residents subsequently began complaining of respiratory problems, headaches and other physical ailments. An error in the HVAC design plans caused […]

November 9, 2020

General Contractor (GC)

Source: A GC was hired to build an athletic field using plans from a civil engineer who was retained by the owner to complete a preliminary design. At the owner’s insistence, the GC hired the civil engineer under a design-build contract. After the field was constructed, it was determined that the completed design was […]

November 9, 2020

Construction Manager (CM)

Source: A CM for a bridge replacement project was responsible for scheduling the procurement and delivery of steel beams necessary for the project. Due to a communication error, the delivery of the beams was going to be delayed for 4 weeks. Rather than have the steel subcontractor sit idle on the jobsite, the CM […]

November 9, 2020

Roofing Contractor

Source: A roofing contractor was hired to design and install the roof of a new office building including a solar panel array. The design was performed in house by a licensed PE employed by the contractor. After the building was complete, the roof collapsed during an ice storm. The PE failed to consider the […]

October 22, 2020

Defending Against Construction Delay Claims

Source:, October 22, 2020 By: Jacqueline Greenberg Vogt Delays are inevitable in construction. They can also cause the project owner to lose a lot of money resulting from contractor claims, loss of use of the project, the cost of construction funding and other damages which are incurred when a project extends beyond the scheduled […]

September 30, 2020

Blast that knocked down old Tappan Zee Bridge cost contractor extra $43M

Source:, September 30, 2020 By: Bill Heltzel Blowing up a section of the Tappan Zee Bridge in 2019 apparently cost the general contractor an extra $43 million. When the new Mario M. Cuomo Bridge opened in 2018 – spanning the Hudson River between Tarrytown and Nyack – the old Tappan Zee, as part of […]

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