RT ECP: Claims - Contr Prof Liability

September 20, 2023

Construction Manager (CM)

Source: Distinguished Programs A CM for a bridge replacement project was responsible for scheduling the procurement and delivery of steel beams necessary for the project. Due to a communication error, the delivery of the beams was going to be delayed for 4  weeks. Rather than have the steel subcontractor sit idle on the job site, […]

September 19, 2023

General Contractor (GC)

Source: Distinguished Programs A GC under a design-build contract hired an HVAC subcontractor to design and install an HVAC system for a residential apartment project. Once completed and occupied, the apartment units began developing mold and  residents subsequently began complaining of respiratory problems, headaches, and other physical ailments. An error in the HVAC design plans […]

September 8, 2023

Report: Davenport building collapse had two ‘root causes’

Source: https://www.thegazette.com/, September 7, 2023 By: Anthony Watt and Sarah Watson Removed brick and inadequate support structures caused the west wall at a downtown Davenport building to collapse in May, an investigative report released Thursday concluded. The report is dated Aug. 15, and was completed by two city-hired investigative engineering companies on the causes and […]

July 5, 2023

Why Progressive Design-Build Should Be the Project Delivery Method of Choice

Source: https://www.constructionequipmentguide.com/, June 30, 2023 When investing in construction projects, government, municipal and private owners often face complex challenges: tight budgets, strict timelines, regulatory compliance, and workforce deployment are all set against the need to deliver high-quality infrastructure. In many cases, these challenges are exacerbated by traditional project delivery methods that, by their structure, limit […]

June 15, 2023

Design-Build Poses a Greater Risk to Contractors Than Conventional Delivery

Source: https://www.constructionexec.com/, April 26, 2023 By: David Pacifici Design-build delivery carries much greater risk to a contractor than conventional project delivery methods. Chief among these risks is the potential for increased actual or final costs to a general contractor or design-build entity compared to the estimates presented in their bid. The result is that many […]

June 8, 2023

Who will pay to fix Spokane Valley’s sinking City Hall?

Source: https://crosscut.com/, June 8, 2023 By: Nicholas K. Geranios When the new city hall in the newish city of Spokane Valley was completed in 2017, Mayor Pam Haley quickly knew something was wrong. Big cracks were forming in some walls, around doors and in the concrete floor and brick exterior. And water was seeping into  […]

May 9, 2023

Environmental & Construction Professional Exposure Claim Scenarios You Need To Know About

Source: https://distinguished.com/, April 28, 2023 In this blog post, we’ll discuss the most common scenarios and provide insights to help you advise your clients on appropriate coverage. By staying informed, you can assist your clients in protecting themselves and their businesses from potential claims. Don’t miss out on these critical insights into environmental and construction […]

July 20, 2022

Supreme Court Says Condo Association May Pursue Insurer in Construction Defect Case, But Must Arbitrate

Source: https://www.law.com/, July 19, 2022 By: Colleen Murphy After obtaining default judgments for construction defects against a structural engineering firm and a construction inspection company, a New Jersey condominium association may directly sue those companies’ insurer, the New Jersey Supreme Court ruled. At the same time, the court reversed the Appellate Division’s holding that those […]

July 19, 2022

NJ Supreme: Statute Allows Construction Defect Claim; Arbitration Clause Applies

Source: https://www.claimsjournal.com/, July 19, 2022 By: Jim Sams New Jersey’s Direct Action Statute allows a condominium association’s construction defects claims against an insurer, but the plaintiff must comply with a binding arbitration clause in the policies, the state Supreme Court ruled Monday. The unanimous decision overturns rulings by both the trial court and the state Appellate […]

May 12, 2022

Surfside Condo Families and Survivors Reach $1B Settlement with Insurers, Others

Source: https://www.insurancejournal.com/, May 12, 2022 Families of the 98 victims of the 2021 condominium collapse near Miami Beach, along with injured survivors, could split hundreds of millions of dollars in payouts under a preliminary settlement agreement announced Wednesday. The settlement will top $997 million, the plaintiffs’ lawyer said in Miami-Dade Circuit Court, according to reports […]

April 7, 2022

Contractor, Agency Face $10M Lawsuit in Oregon for Construction Work

Source: https://www.insurancejournal.com/, April 7, 2022 TriMet is facing a $10 million lawsuit from the city of Portland, Oregon, for alleged deeply flawed work on a streetcar track, leaving it with major structural defects that could cost the city millions in repairs. Oregon Public Broadcasting reported the suit says the transit agency failed to properly manage […]

March 29, 2022

Illinois Appellate Court Finds No CGL Coverage for Defective Elevator Suit

Source:https://www.jdsupra.com/, March 28, 2022 In the recent decision of Korte & Luitjohan Contractors Inc. v. Erie Insurance Exchange, the Fifth District Appellate Court of Illinois reaffirmed that, under Illinois law: (1) construction defects generally do not trigger coverage under commercial general liability insurance policies; (2) such policies generally do not cover the cost to repair construction […]

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