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 […]

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 […]