Source: http://www.newyorklawjournal.com, August 29, 2017 By: Kenneth M. Block and Joshua M. Levy, New York Law Journal Construction delays, whether from lack of subcontractor coordination, construction defects, design errors or omissions, late decision making, force majeure, etc., can have disastrous consequences for owners and contractors alike. Owners can suffer extended management, supervisory, administration, insurance and […]

Source: http://siouxcityjournal.com, August 30, 2017 By: Nick Hytrek The city of Sergeant Bluff has sued the engineering firm that designed its water treatment plant, claiming the facility does not function as promised. The city paid Veenstra & Kimm Inc., of West Des Moines, Iowa, more than $4.5 million to design the plant, but since its […]

Source: http://www.jdsupra.com, August 14,2 017 In Energy Ins. Mutual Ltd. v. Ace American Ins. Co. (No. A140656, filed 7/11/17, ord. Pub. 8/10/17), a California appeals court found that a professional services exclusion barred coverage for wrongful death and other claims blamed on pipeline inspectors’ failure to identify and properly mark a gas pipeline that was […]

Source: https://www.lexology.com, August 8, 2017 By: Daniel McLennon, Smith Currie & Hancock A recent trend in design-build contracting, especially on large projects, is for the owner to incorporate a heightened standard of care for the design aspects of the building. Creeping into contracts is language requiring the project to perform according to unspecified expectations, such […]

Source: http://www.krcrtv.com, August 9, 2017 By: Jerry Olenyn Heavy rains expose design flaw in gutter system Six condominiums in the Doe Mill subdivision at East 20th and Hutchinson Streets are being cleaned, repaired and redesigned because of a design flaw in the gutters, after non-toxic black mold was discovered inside. Tom DiGiovanni, the president of […]

Source: http://www.miamiherald.com, January 29, 2017 By: Alfonso Chardy The train is late out of the station. That’s because the station and the train have a size problem. Plans to open the new Amtrak station near Miami International Airport are behind schedule, Florida transportation officials say. Source of the problem: an engineering error in the construction […]

Source: http://wivb.com, August 7, 2017 By: Ali Ingersoll The Town of West Seneca is moving forward, filing a civil lawsuit against the Burchfield designers — Louis Design Group and Nussbaumer & Clarke, inc. The town taking legal action after a consultant came in, looking at the Burchfield Nature and Art Center, determining a man made […]

Source: http://www.constructionexec.com, July 27, 2017 By: Gina M. Vitiello Is it reasonable for a subcontractor bidding on a design-build project to assume that the designer has followed the owner’s requirements in preparing the preliminary design documents? The answer is yes, according to a recent ruling by the U.S. Court of Appeals for the 11th Circuit, […]

Source: https://sf.curbed.com, July 19, 2017 By: Adam Brinklow Can it finally be fixed? Millennium Tower, the tony but troubled downtown high-rise that made international headlines last year when the secret got out that it’s slowly sinking and tilting, returned to its customary place in the news late Tuesday when NBC Bay Area revealed that the […]

Source: https://www.irmi.com, July 2017 By: Jeff Slivka, New Day Underwriting Managers LLC Over the past year, questions have increasingly emerged about construction specifications and the subsequent professional liability exposures they pose to contractors. First, it’s important to identify the two basic types of construction specifications: design and performance. Design Specifications The most common concerns prescriptive […]

Source: http://wvmetronews.com, July 13, 2017 By: Carrie Hodousek Charleston’s Yeager Airport has entered into a partial settlement with an engineering firm it sued following the 2015 hillside collapse at the end of the airport’s main runway. Yeager’s Resolution Committee announced Thursday it has settled with Triad Engineering, Inc. for $900,000. “It releases the officers and […]

Source: http://www.lexology.com, July 12, 2017 By: Carly Miller, Bradley Arant Boult Cummings LLP In a recent Missouri appellate decision, the court recognized and reaffirmed the Spearin Doctrine which provides that an owner impliedly warrants the adequacy of plans and specifications it provides to a contractor. In Penzel Construction v. Jackson R-2 School District et al., […]