Source: http://www.livingstoneconstruction.com In part from “Patterns of Home” by Max Jacobson, Murray Silverstein and Barbara Winslow, with eye of adjustment towards resale. Ignoring Site Characteristics (trying to force preconceived ideas or plans) Insufficient programming (thinking/talking it through) Over building (too much square footage can weaken design integrity) Poor Circulation (function of space and relationship to […]

Source: http://listverse.com, June 26, 2014 By: Larry Jimenez No human artifact is perfect. While we may marvel at the beauty and creativity of many of our historic structures, they contain defects hidden underneath the familiar and iconic forms. Some flaws are cosmetic and may be forgiven or overlooked, while others are more serious and pose […]

Source: http://gothamist.com, January 22, 2016 By: Jen Carlson In 2013, the Squibb Park Pedestrian Bridge was opened, connecting Brooklyn Heights to Brooklyn Bridge Park and DUMBO. The Park has been vastly developed in the preceding years, with more visitors and foot traffic throughout—while the bridge didn’t save much time, it was a nicer way to […]

Source: http://www.inforum.com, December 3, 2015 By: Grace Lyden North Dakota State University may soon request $1.6 million from the state Legislature to cover costs related to the Minard Hall collapse in 2009. The State Board of Higher Education’s budget and finance committee voted unanimously Wednesday in Bismarck to recommend that the full board give NDSU […]

Source: http://www.donovanhatem.com, Design and Construction Management Reporter, January 2016 By: By Lucas M. Blackadar, Esq. and Jonathan A. Barnes, Esq. In 1996, construction of the law school at the University of Connecticut(“University”) was completed. In 2008, the State of Connecticut (“State”) and the University sued the design professionals and contractors that worked on the University […]

Source: http://www.constructionrisk.com, January 2011 By: J. Kent Holland A $50,000 Limitation of Liability clause in a contract was enforced by the Georgia Court of Appeals in a case where a developer sued an architect for breach of contract and negligence when a retaining wall designed by the architect failed.   The architect’s motion for partial summary […]

Source: http://www.constructionrisk.com, February 2011 By: J. Kent Holland, Jr. A Limitation of Liability clause (LoL) in a contract was upheld by a court notwithstanding allegations that the project owner had acted in bad faith in its treatment of the contractor.  It was held to apply, however, only to the damages that would be awarded under […]

Source: http://www.constructionrisk.com, October 2013 An architect’s contract containing a limitation of liability clause (LoL) was enforced to grant a partial summary judgment limiting the architect’s liability to $70,000 in the face of a $4.2 million claim for damages due to structural problems that required a nearly completed hotel to have to be demolished. The U.S. […]

Source: http://www.constructionrisk.com, October 2013 Where a limitation of liability clause in a design professional contract would limit a homeowner’s claim against its designer to the total fee for services, the plaintiff sought to avoid the affects of the clause by asserting that the designer had acted with gross negligence in drafting plans that resulted in […]

Source: http://www.lexology.com, October 27, 2015 By: Michael R. Bosse, Bernstein Shur Sawyer & Nelson PA In a widely reported case in Massachusetts, Coghlin Electrcial v. Gilbane Building Company, the Massachusetts Supreme Judicial Court upheld the implied warranty for the accuracy of plans and specifications from an owner in a context of a construction manager at risk […]

Source: http://www.smithcurrie.com By: Joseph Young The United States Supreme Court ruled nearly a century ago that a contractor is not responsible for consequences of defects in the plans and specifications when that contractor is bound to build according to plans and specifications prepared by the owner. U.S. v. Spearin, 248 U.S. 132 (1918).  This principle […]

Source: http://www.bizjournals.com, August 3, 2015 By: Jeff Jeffrey The engineering firm behind two collapsed bridges at Wake Tech’s Northern Campus is suing its insurance company, arguing that the insurer should help cover legal bills stemming from several lawsuits filed against the firm – including one filed by the family of a worker who was killed […]