RT ECP: Claims - Contr Prof Liability

November 21, 2014

Professional services exclusion bedevils another court

Source: http://www.lexology.com, November 15, 2014 By: Carl A. Salisbury, Kilpatrick Townsend & Stockton LLP A well drilling company has an insurance policy that covers property damage to any well, hole, or formation, or to any drilling or well servicing machinery or equipment, arising out of operations performed by the drilling company.  The policy contains an […]

October 9, 2014

Suit filed over RHS performing arts center

Source: http://www.couriernews.com, August 13, 2011 By: Lindsey Williams Filing claims architecture firm caused delay in construction at RHS The construction of Russellville High School’s Center for the Performing Arts has sparked a lawsuit, court documents show. EWI Inc., the construction manager for the performing arts center project, filed a civil suit Aug. 5 in Pope […]

August 22, 2014

Insurer must cover Royal Jubilee Hospital concrete repairs

Source: http://www.timescolonist.com, August 20, 2014 By: Carla Wilson The design-build contractors for the Royal Jubilee Hospital’s Patient Care Centre are due $8.5 million from insurance companies to cover the expense of concrete-slab repairs during construction, states a B.C. Supreme Court judgment. The contractors took their insurance companies to court, seeking to recoup $14.9 million spent […]

August 11, 2014

Problems at UNLV library add up to $1 million

Source: http://www.lasvegassun.com, March 22, 2001 More than $1 million might be needed to cure construction defects at the Lied Library at UNLV, and the state is preparing to do legal battle with the contractors and subcontractors who claim they are still owed $6.5 million for extra work. The state Board of Examiners received an update […]

August 5, 2014

Caltrans to defend Bay Bridge at state hearing

Source: http://www.sfgate.com, August 4, 2014 By: Jaxon Van Derbeken Top Caltrans officials are expected to respond Tuesday to accusations that they “gagged and banished” engineers who identified construction problems on the new Bay Bridge eastern span and that the agency failed to maintain basic quality control on the project. In advance of a state Senate hearing, […]

July 29, 2014

Recent Decision on Construction Manager Duty to Indemnify DCAM

The attached documents detail a recent Massachusetts decision that could impact general contractors and their expectations on building projects.  In the case of Coghlin Electrical Contractors, Inc. v. Gilbane Building Company & Travelers Casualty & Surety Co. of America, No. 2013-1300-D (Mass. Sup. Ct., June 24, 2014) (Davis, J.) a court “dismissed a Construction Manager’s […]

July 23, 2014

Problem emerges with bridge concrete

Source: Daily News of Newburyport (MA), July 16, 2014 Posted on: http://constfpn.advisen.com It appears that the $292 million Whittier Bridge/I-95 Improvement Project has hit a snag after a faulty concrete pour. Concrete was incorrectly poured in a support pier that rises out of the Merrimack River. Work has been ongoing to remove the problem and […]

July 8, 2014

New York Appeals Court Rules in Favor of Insurer in Defective Construction Claim

Source: http://www.claimsjournal.com, July 3, 2014 A recent decision by a New York appeals court found that an insurer had no duty to defend construction defect claims despite an expanded definition of “occurrence” within an Owner Controlled Insurance Program (OCIP). National Union Fire Insurance Company insured the construction project through an OCIP which covered the property […]

June 24, 2014

Design flaws in New York university can be split into two separate claims: Court

Source: http://www.businessinsurance.com, June 23, 2014 By: Judy Greenwald Two design flaws in construction of a City University of New York building entitle the building’s owner, the Dormitory Authority of the State of New York, to two separate limits of liability, says an appeals court, in upholding a lower court ruling that the two claims were […]

June 9, 2014

Delaware bridge damage may have developed rapidly

Source: http://www.sfgate.com, June 6, 2014 By: Randall Chase An engineer who first noticed that columns supporting a major interstate highway bridge in Delaware were tilting said he visited the site shortly after the bridge was closed and saw that they had shifted even farther. The account of geotechnical engineer Dave Charles in an interview Thursday with […]

October 29, 2013

United States: Design Professionals May Be Liable For Economic Loss Caused to Residential Homeowners Under California's SB 800 Law

Source: http://www.mondaq.com, October 25, 2013 By: Scott Hennigh, Sheppard Mullin Richter & Hampton Typically an architect is liable under its contract to the owner if it negligently creates a defective design. But whether an architect is liable for the effects of a defective design on parties with whom it has no contract has traditionally been […]

October 29, 2013

Del. gets $5.2M in IR bridge settlement

Source: http://www.delmarvanow.com, October 27, 2013 By: Beth Miller The state Department of Transportation announced Friday it had reached settlement with two engineering firms it sued for losses in an ill-fated Indian River Inlet bridge project that was mired in problems for years. Delaware will get $5.25 million from the two firms — $5 million from […]

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