RT ECP: Education

September 27, 2017

Limitation of Liability Clause Enforced to Limit Recovery to only $550,000 of a $9.5 Million Jury Verdict

Source: https://www.constructionrisk.com, September 2017 By: J. Kent Holland, Jr. Where a housing developer won a jury verdict for more than $9.5 million against a geotechnical engineer, the court applied the limitation of liability (LoL) clause in the geotech’s contract to cap the liability at $550,000. The developer attempted to avoid the LoL by arguing that […]

September 27, 2017

Crum & Forster prevails in claims-made policy period dispute

Source: http://www.businessinsurance.com, August 23, 2017 By: Judy Greenwald A federal appeals court has upheld Crum & Forster Specialty Insurance Co. Inc.’s denial of an insurance claim for a claims-made policy by a construction firm because the claim was not submitted within the policy period, even though it was submitted during the policy’s subsequent renewal period. […]

September 12, 2017

Architects Must Be Careful About Legal Liability

Source: https://sourceable.net, September 12, 2017 By: Andrew Heaton Amid the Senate Inquiry Into Non-Conforming Building Products, issues associated with the use of materials which do not meet the requirements of the National Construction Code (NCC) have been the subject of considerable attention in recent years. Whether it’s faulty cables, exploding glass, roofing materials containing asbestos […]

September 8, 2017

When building materials fail, who’s to blame?

Source: http://www.constructiondive.com, August 15, 2017 By: Kim Slowey This summer, the world looked on in disbelief as fire consumed the 24-story Grenfell Tower residential high-rise in London. The building burned for more than 24 hours before firefighters could extinguish it in full. Reports have confirmed approximately 80 fatalities so far, but that number could still […]

September 6, 2017

Secret Bechtel Report Details ‘Significant’ Problems at V.C. Summer Nuclear Project

Source: http://www.enr.com, September 5, 2017 The doomed V.C. Summer nuclear project suffered from flawed construction plans, faulty designs, inadequate management of contractors, low worker morale and high turnover, according to a lengthy and long-secret report released Monday by S.C. Gov. Henry McMaster’s office. The report, completed by the Bechtel Corp. about 18 months before the […]

August 16, 2017

Professional Services Exclusion Bars Coverage Where Ordinary Negligence is Inseparably Intertwined With Professional Service

Source: http://www.jdsupra.com, August 14,2 017 In Energy Ins. Mutual Ltd. v. Ace American Ins. Co. (No. A140656, filed 7/11/17, ord. Pub. 8/10/17), a California appeals court found that a professional services exclusion barred coverage for wrongful death and other claims blamed on pipeline inspectors’ failure to identify and properly mark a gas pipeline that was […]

August 14, 2017

Avoiding Unintended Liability for Design

Source: https://www.lexology.com, August 8, 2017 By: Daniel McLennon, Smith Currie & Hancock A recent trend in design-build contracting, especially on large projects, is for the owner to incorporate a heightened standard of care for the design aspects of the building. Creeping into contracts is language requiring the project to perform according to unspecified expectations, such […]

August 14, 2017

Non-toxic black mold found in Chico condos, 6 condos affected

Source: http://www.krcrtv.com, August 9, 2017 By: Jerry Olenyn Heavy rains expose design flaw in gutter system Six condominiums in the Doe Mill subdivision at East 20th and Hutchinson Streets are being cleaned, repaired and redesigned because of a design flaw in the gutters, after non-toxic black mold was discovered inside. Tom DiGiovanni, the president of […]

August 10, 2017

The trains are too long. The platform is too short. Bad news for the new station

Source: http://www.miamiherald.com, January 29, 2017 By: Alfonso Chardy The train is late out of the station. That’s because the station and the train have a size problem. Plans to open the new Amtrak station near Miami International Airport are behind schedule, Florida transportation officials say. Source of the problem: an engineering error in the construction […]

August 9, 2017

Town files civil suit against Burchfield building’s architects, engineers

Source: http://wivb.com, August 7, 2017 By: Ali Ingersoll The Town of West Seneca is moving forward, filing a civil lawsuit against the Burchfield designers — Louis Design Group and Nussbaumer & Clarke, inc. The town taking legal action after a consultant came in, looking at the Burchfield Nature and Art Center, determining a man made […]

July 17, 2017

Settlement reached between Yeager, engineering firm in connection with hillside collapse

Source: http://wvmetronews.com, July 13, 2017 By: Carrie Hodousek Charleston’s Yeager Airport has entered into a partial settlement with an engineering firm it sued following the 2015 hillside collapse at the end of the airport’s main runway. Yeager’s Resolution Committee announced Thursday it has settled with Triad Engineering, Inc. for $900,000. “It releases the officers and […]

July 5, 2017

District Court Rules “Professional Services” Exclusion means Professional Services

Source: http://www.lexology.com, June 29, 2017 By: R. Bruce Wallace, Nexsen Pruet Recently, the United States District Court for the District of South Carolina granted judgment in favor of an insurance carrier, finding the carrier did not owe a duty of defense or a duty to indemnify the insured in an underlying professional malpractice claim. In […]

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