Source: http://www.theglobeandmail.com, July 8, 2016 By: Laura Kane The owner of the Mount Polley mine in British Columbia’s Interior has sued two engineering firms for damages over a disastrous dam collapse two years ago. Imperial Metals has filed a lawsuit in B.C. Supreme Court alleging negligence and breach of contract by Knight Piesold and AMEC, […]

Source: http://www.bizjournals.com, July 5, 2016 By: Earl Cantwell There has been a trend in recent New York court decisions to expand (not limit) zones of potential legal liability. A recent case decided by the Appellate Division, 1st Department, is part of that trend and raises significant issues for New York contractors and design professionals with […]

Source: http://www.detroitnews.com, June 22, 2016 By: Jonathan Oosting Attorney General Bill Schuette on Wednesday sued a pair of engineering firms for allegedly allowing the Flint water contamination crisis to “occur, continue and worsen,” a claim the companies denied and vowed to fight. Schuette filed the civil lawsuit in Genesee County Circuit Court against Veolia North […]

Source: http://www.pollstarpro.com, June 3, 2016 The Edmonton Arena Corp., owned by the group that owns hockey’s Edmonton Oilers, and the City of Edmonton, Alberta, have filed a $4.7 million lawsuit against HOK Architects Corp. who designed Rogers Place.   A statement of claim filed in May on behalf of the partners behind the nearly complete […]

Source: http://www.callawyer.com, April 6, 2016 By: Marty Graham Think construction defects cases are complicated? Try looking at them from the perspective of the  neutrals who guide parties to settlement. Complicated only begins to describe what one experienced  neutral calls working on a puzzle with dozens of pieces where the task is getting the edges to […]

Source: http://www.insurancejournal.com, May 10, 2016 The city of Bozeman, Mont., a housing developer and an engineering firm have reached a $7.5 million settlement agreement in a lawsuit filed by homeowners who said the city approved a subdivision near a former landfill that is leaking fumes and damaging their property values. The Bozeman Daily Chronicle reported […]

Source: http://www.callawyer.com, May 9, 2016 By: Timothy M. Thornton, Jr. The key is resultant property damage to other parts of the project or building. In many scenarios involving allegedly defective construction, the injured party—be it a homeowner, a commercial project developer or a homeowners association—asks that the issue be turned over to the contractor’s insurance […]

Source: http://www.jdsupra.com, May 6, 2016 By: Christopher Kendrick, Valerie Moore, Haight Brown & Bonesteel LLP In Hearn Pacific v. Second Generation Roofing (no. A142203, filed 5/2/16), a California Court of Appeal held that despite prosecuting an indemnity action against a subcontractor for reimbursement of defense costs in the name of its insured developer, the developer’s […]

Source: http://blogs.mprnews.org, May 5, 2016 By: Brian Bakst Minnesota lawmakers abandoned an effort Thursday to punish companies that designed and built the Science Museum of Minnesota, which has experienced severe and pricey water-intrusion problems dating back to the time it opened 17 years ago. The museum is seeking $13 million in state bonding help toward repairs […]

Source: http://www.texaslawyer.com, May 2, 2016 By: David Walton and
Brandan Montminy Eight years later, in U.S. Metals Inc. v. Liberty Mutual Group Inc., the court addressed a policyholder’s effort to significantly expand CGL policies to cover construction and product defects. Focused less on the scope of the insuring agreement as in Lamar Homes and more on […]

Source: http://www.jdsupra.com, April 22, 2016 By: David Beck, Pillsbury – Gravel2Gavel Construction & Real Estate Law The recent decision of Allied Property & Casualty Insurance Co. v. Metro North Condominium Associates highlights why only a minority of jurisdictions still hold to the fiction that construction defects cannot give rise to an “occurrence” covered under a […]

Source: http://www.lexology.com, April 21, 2016 By: John R. Lockard, Vandeventer Black LLP The Supreme Court of Virginia recently addressed construction contractors’ potential liability for damages caused by design defects. In William H. Gordon Associates, Inc. v. Heritage Fellowship Church, a church hired an engineering firm to design a rain tank system to provide storm water […]