RT ECP: Claims - Contr Prof Liability

December 23, 2010

Design Negligence Leads to Costly Settlement for Desalination Plant

An $8 mm settlement was reached on a claim involving the design, engineering and testing of the reverse osmosis and pre-treatment systems for a desalination plant. Several claims were filed involving the failure of the dual sand filtration system and improper feasibility assessments. Claimant asserted negligence in design, architectural and engineering services, including the design […]

December 23, 2010

Negligence and Design Error Leads to Costly Settlement

A claim alleging negligence and design error was issued against a design/build contractor, resulting in a $4.5 million settlement not including high defense costs.  Elevated levels of mold were discovered in the HVAC system at a convention center and hotel.  The owner demanded remediation and repair to all the HVAC units throughout the hotel to prevent […]

December 23, 2010

Claim Settled Against Printing Plant

 A claim was settled against a design/build firm for $24 million alleging various defects and deficiencies in a newly constructed printing plant.  Initial allegations of damage were $300 million.  Problems arose with the concrete, fire protection, electrical, and HVAC systems.  The client continues to incur costs to repair the defects.  The design/build contractor sought recovery of […]

December 23, 2010

OSHA Cites 4 Companies in Parking Garage Collapse

Source:  New York Times Online, April 30, 2004 By:  Eric Lipton Intentional disregard or plain indifference by one of the main subcontractors at the Tropicana Casino and Resort expansion project, as well as serious violations by three other companies, caused the death of four workers and the injury of 20 others when the garage they […]

December 23, 2010

Companies Fined in Bridge Collapse

Read here about OSHA’s decision to fine four companies in a deadly bridge collapse.

December 7, 2010

Report Points to Connections In Fatal Garage-Panel Event

Source: ENR By Mike Larson Officials in Milwaukee County, Wis., plan to let bids in the next two weeks for the repair of a municipal parking structure at O’Donnell Park, where a 27,000-lb precast-concrete facade panel fell off the building and killed a 15-year-old boy and injured two other people last June. The county’s 2011 […]

November 29, 2010

Big Dig Lawsuit Settled for $9M

Publication Date 11/23/2010 Source: Boston Globe, The (MA) Trooper died after hitting handrails; Official had been told of possible risks The Massachusetts Turnpike Authority and several other defendants have agreed to pay $9 million to the family of a state trooper who died when his motorcycle slammed into Big Dig handrails, whose design has been […]

October 14, 2010

$52 million bridge deal 'helps right a wrong': A 14-hour negotiating session Saturday yielded a settlement with engineering giant URS that survivors call "bittersweet"

Source: http://fpn.advisen.com/#top Aug. 23–An engineering firm that consulted on the Interstate 35W bridge in Minneapolis that collapsed three years ago has agreed to pay $52.4 million to victims. San Francisco-based URS Corp. had been sued by more than 100 people. They accused the company of missing warning signs on the bridge before its rush-hour collapse […]

September 1, 2010

Allegations of Negligent Phase II Site Assessment

Acknowledgement to XL Environmental THE CLAIM An environmental consultant insured by XL was retained by the then owner of a parcel of land to prepare Phase I / Phase II Site Assessments in support of the sale of this land. Following the sale of the property, litigation was filed against our insured and its client […]

August 13, 2010

Underestimated Emissions Data Submitted to Regulators

Acknowledgement to XL Environmental THE CLAIM An environmental consultant insured by XL was contracted to provide environmental permitting services for its client, a manufacturer of wood products. The insured’s client planned to construct a batch plant facility and the insured was retained to assist in obtaining the required air permit. The permit was issued and […]

August 13, 2010

Faulty Groundwater Management Plan

Acknowledgement to XL Environmental THE CLAIM A construction manager (CM) retained an XL insured environmental consultant to perform hydro-geological services for the construction of two high rise residential towers. The insured prepared a groundwater management plan which included the design of a dewatering system and monitoring of the dewatering activities during excavation. After construction completion, a sinkhole and […]

August 13, 2010

Error in Cap Testing Data Submitted to Regulators

Acknowledgement to XL Environmental THE CLAIM An XL insured environmental consultant provided landfill closure services to a landfill client. The insured’s services included certification to authorities of the moisture content of the soils used in the landfill cover. Incorrect cap testing data was inadvertently used in the insured’s closure certification to state authorities. This error […]

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