RT ECP: Claims - Contr Prof Liability

August 13, 2010

Alleged Negligent Laboratory Analysis

Acknowledgement to XL Environmental THE CLAIM An XL insured laboratory contracted with a general contractor (GC) to provide analysis of mold spores taken from a hospital mold remediation and reconstruction project. Following a failed remediation project, the hospital sued the GC alleging various errors in the GC’s project services. The GC filed a third-party action […]

August 11, 2010

Survey Error at a Condominium Project

Acknowledgement to XL Environmental THE CLAIM A general contractor / construction manager (GC/CM), insured by XL, was hired to construct two condominium towers. The insured subcontracted the surveying work required for the two phases of the project. After the foundations and footings for Phase I were erected, it was discovered that the footprint encroached on […]

August 11, 2010

Fuel Line Leak at Medical Center

Acknowledgement to XL Environmental THE CLAIM Our insured, a mechanical contractor, was retained as a subcontractor during the construction of a medical center. The insured subcontracted the underground storage tank (UST) installation, fuel line connections to the existing building, and associated engineering work to another contractor. Part of that subcontracted work included the removal of […]

August 11, 2010

Design/Build Church Project

Acknowledgement to XL Environmental THE CLAIM An insured contractor was retained to build a church under the design/build construction project delivery method. After the church was completed, the owner noticed cracked concrete, uneven floor tiles, and damage to interior and exterior walls. It was determined that excessive moisture had migrated under the church, causing the […]

August 9, 2010

Olympia man settles dangerous-highway-design lawsuit for $2 million

A 24 year old Olympia man settled a dangerous-highway-design lawsuit against the Washington State Department of Transportation for $2 million. The man was critically injured when his motorcycle hit a car turning left onto the controversial intersection at Lynch Road and SR 101 near Shelton. After two months in the hospital and 15 surgeries, the […]

July 27, 2010

Family Blames Poor Construction, Not Tornado, for Death

The family of a 10-year-old girl who died in a 2006 tornado is blaming a Minnesota homebuilder for the child’s death. In a wrongful death lawsuit in County District Court, the family claims poor construction, not a tornado, is to blame for the girl’s death. The family maintains that the girl’s death might have been […]

July 27, 2010

Insurer to Pay $17.5 Million in Faulty Construction Claim

The insurer that issued the performance bond for a portion of the troubled Interstate-84 construction in Connecticut will pay $17.5 million to settle claims involving installation of defective drains. The payment from the insurer on behalf of the primary contractor for the project will allow the state to begin repairing the defective drains along a […]

July 27, 2010

Bridge Collapse Suit to Target Engineer, Contractor

Contradicting the National Transportation Safety Board’s report that blamed too-thin gusset plates for the Aug. 1, 2007, collapse of the Minneapolis Interstate 35W bridge, an independent analysis concluded that rusted, frozen roller bearings were pivotal in the tragedy that killed 13 people and injured 145.  The roller bearings prevented thermal expansion and caused a truss chord to fail, […]

July 20, 2010

XL Presents Fuel Leak Claim Example

XL Insurance’s insured, a mechanical contractor, was retained as a subcontractor during construction of a medical center.  The insured subcontracted the underground storage tank (UST) installation, fuel line connections to the existing building, and associated engineering work to another contractor.  Part of that subcontracted work included removal of soil that was initially placed over the […]

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