RT ECP: Claims - Contr Prof Liability

March 17, 2011

PRINCETON: New lawsuit filed over high school construction

Source: The Princeton Packet, March 10, 2011 By: Stephanie Vaccaro As promised in late December, an additional lawsuit has been filed in relation to the construction project for Princeton High School. In late February Princeton Regional Schools filed a lawsuit against Hillier Architecture for approximately $5 million, said Superintendent Judy Wilson. Dana Ostrovsky, attorney for […]

February 22, 2011

Pennsylvania Superior Court says engineers can't be sued for beryllium contamination

Source: Lawyers USA, February 4, 2011 Posted on: http://envfpn.advisen.com A toxic tort plaintiff could not sue an engineering firm for failing to make a public disclosure of beryllium contamination at a chemical plant near her home, a Pennsylvania appellate court has ruled in affirming a summary judgment. The plaintiff lived near a beryllium plant for […]

January 19, 2011

MDOT: Next Zilwaukee Bridge project will have safeguards to protect taxpayers and motorists

Source: The Saginaw News, January 14, 2011 Posted on: http://www.mlive.com The Michigan Department of Transportation will require the next contractor that replaces large bearings on the massive Zilwaukee Bridge to demonstrate it can do the work or the company will lose the contract, a MDOT engineer said. The agency aims to avoid a repeat of the […]

December 27, 2010

Design Error Causes Delays and Cost Overruns

A general contractor (GC) constructed a new 750-megawatt natural gas-fired power facility on a 47-acre site in New England. The GC’s responsibilities on the project included design (subcontracted), construction, and all equipment installation.  The design professional (DP)was contracted directly with the GC to provide the design services.  The DP’s design error primarily caused delays and […]

December 27, 2010

Paying for Others’ Mistakes

A contractor was performing design, construction and construction management services for a five-story motel project. The masonry contractor placed hollow concrete blocks without proper rebar reinforcement as specified in the plans. The owner discovered the improper construction and demanded the structure, now at the second floor, be torn down and rebuilt according to the specs. […]

December 27, 2010

GC/CM Held Responsible for Site Safety

A worker was seriously injured during construction by a collapsing wall. In his lawsuit, he alleged that the general contractor/construction manager was negligent for failing to provide for safety precautions. The courts agreed and held that the general contractor/construction manager was responsible for inspecting continuously or supervising the work of the subcontractors, including the right […]

December 27, 2010

A Lapse in Judgment—and Insurance

A contractor subcontracted the design of a ventilation system to a mechanical engineer. The engineer miscalculated the cooling needs of the building and specified an inadequate ventilation system. Because of the system’s poor performance, the building owner demanded $180,000 to replace it. At the time of the claim, the mechanical engineer had let his Errors […]

December 27, 2010

Architect's Design Defect Delays School Project & Leads to Lawsuit

A contractor retained an architect for a school project who provided a certificate of insurance showing a $3 million limit of liability. During construction, a design defect was discovered that delayed the project for several months. The school district was forced to rent portable classrooms and filed for substantial damages against the contractor. Although the […]

December 23, 2010

Water Infiltration on Condo Project

A construction manager was hired to construct a condominium project.  Water infiltration occurred around the windows that was caused by defective construction including the improper installation of flashing.  Accusations were made for negligent construction management.  Five million dollars in damages were sought. This is a claim scenario developed from a single claim or several claims […]

December 23, 2010

Asbestos Level Underestimated

A claim for an at-risk construction management firm arose during extensive renovation and abatement at a school.  The construction manager hired a firm to estimate the levels of asbestos in school.  The claimant alleged that the level of asbestos was grossly underestimated resulting in an additional $13 million during construction to abate asbestos.  This is […]

December 23, 2010

Construction Manager Sued Over Negligence

A construction firm performed At-Risk Construction Management services to widen a 100 mile two-lane highway. The insured subcontracted the construction management and engineering services.  The claimant alleged pavement heaves, inadequately compacted fill holes, settlement, sink holes, and depression on the bridge decks.  The claimant sought costs for necessary repairs or replacement of the work directly […]

December 23, 2010

Claims Settled in Delay and Disruption Damages Case

The design/build contractor on an expansion of a convention center subcontracted the design and construction work and served as the construction manager on the project. There was a six month delay in structural steel erection and inspection, impacting several subcontractors’ sequences which required schedule changes. Four of the subcontractors issued claims for delay and disruption […]

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