Source: http://www.jdsupra.com, September 28, 2017 Energy Insurance Mutual Limited v. ACE American Insurance Company Court of Appeal, First District (July 11, 2017) This case involves an insurance coverage dispute arising from an explosion that occurred when an excavator struck an unmarked petroleum pipeline. Kinder Morgan, Inc. owns and operates oil and gas pipelines. Comforce Corporation […]

Source: http://www.orlandosentinel.com, September 29, 2017 By: Mary Shanklin The University of Central Florida’s football stadium has some problems, according to a construction-defect lawsuit the school filed against architects and contractors. Nicknamed the Bounce House when it opened a decade ago because it shifted slightly as fans jumped in unison, the venue’s metal framing for seating […]

Source: http://www.star-telegram.com, September 29, 2017 By: Sandra Engelland It was a few years ago when maintenance workers and staff at Trinity Meadows Intermediate School began to notice problems. Cracks in the walls. Doors that would stick. Heaving sidewalks and widening gaps and cracks in visible parts of the concrete slab. Now, 11 years after the […]

Source: http://www.constructiondive.com, September 6, 2017 By: Mary Tyler March Dive Brief: Months after a spillway failure forced the temporary evacuation of 188,000 Sacramento, CA, area residents, independent safety experts say poor design and construction, as well as inadequate inspections, caused February’s collapse at the Oroville Dam, The Mercury News reported. Thin concrete, insufficient foundations and ill-placed […]

Source: https://www.lexology.com, September 18, 2017 By: Jeffrey S. Crowe and Jennifer Hoffman, Sheppard Mullin Richter & Hampton LLP Energy Insurance Mutual Limited v. Ace American Insurance Company, 14 Cal.App.5th 281 (2017); First Appellate District Court of Appeal, Division Four, Case No. A140656 (July 11, 2017). In Energy Insurance Mutual Limited v. Ace American Insurance Company, […]

Source: https://www.constructionrisk.com, September 2017 By: J. Kent Holland, Jr. Where a housing developer won a jury verdict for more than $9.5 million against a geotechnical engineer, the court applied the limitation of liability (LoL) clause in the geotech’s contract to cap the liability at $550,000. The developer attempted to avoid the LoL by arguing that […]

Source: https://www.constructionrisk.com, September 2017 By: J. Kent Holland, Jr. On a design-build project where an architect held the prime contract under DBIA forms 530 and 535, it was liable for overall site safety – including that which it had by subcontract expressly delegated to its construction subcontractor.   Because the language of the prime agreement imposed […]

Source: http://www.businessinsurance.com, August 23, 2017 By: Judy Greenwald A federal appeals court has upheld Crum & Forster Specialty Insurance Co. Inc.’s denial of an insurance claim for a claims-made policy by a construction firm because the claim was not submitted within the policy period, even though it was submitted during the policy’s subsequent renewal period. […]

Source: https://www.lexology.com, August 14, 2017 By: John J. Sylvanus, Barley Snyder Major construction is full of risk and reward. Owners, architects, engineers, contractors and subcontractors – all are bound to each other by a web of agreements, common schedules and desired outcomes. Everyone on a project is dependent on everyone else and subject to events beyond […]

Source: https://sourceable.net, September 12, 2017 By: Andrew Heaton Amid the Senate Inquiry Into Non-Conforming Building Products, issues associated with the use of materials which do not meet the requirements of the National Construction Code (NCC) have been the subject of considerable attention in recent years. Whether it’s faulty cables, exploding glass, roofing materials containing asbestos […]

Source: http://www.constructiondive.com, August 15, 2017 By: Kim Slowey This summer, the world looked on in disbelief as fire consumed the 24-story Grenfell Tower residential high-rise in London. The building burned for more than 24 hours before firefighters could extinguish it in full. Reports have confirmed approximately 80 fatalities so far, but that number could still […]

Source: http://www.enr.com, September 5, 2017 The doomed V.C. Summer nuclear project suffered from flawed construction plans, faulty designs, inadequate management of contractors, low worker morale and high turnover, according to a lengthy and long-secret report released Monday by S.C. Gov. Henry McMaster’s office. The report, completed by the Bechtel Corp. about 18 months before the […]