RT ECP: General

August 9, 2024

Interior Design

Source: Professional Underwriters Agency (PUA) An interior designer specified vinyl wallcoverings on a hotel project in accordance with the brand’s specifications. Due to  alleged design and construction defects, the internal building air was more humid than anticipated,  moisture was  trapped behind the wallcoverings and mold formed. The interior designer was named as a defendant in […]

August 8, 2024

Landscape Architect

Source: Professional Underwriters Agency (PUA) A landscape architect was retained by a high-net-worth client to design the  grounds of a multi-million dollar vacation  residence. The landscape architect’s services included the conceptual design of a swimming pool and surrounding hardscape, which involved the selection of stone and tiling to be used in the project to match […]

March 28, 2024

Construction Litigation Roundup: “Indeed, You Just Design ‘Em”

Source: https://www.lexology.com/, March 27, 2024 By: Daniel Lund, III, Phelps Dunbar LLP Seeking to be extracted from personal injury litigation initiated by a laborer on a project in New Orleans, an architect sued for negligence filed a motion for summary judgment. The plaintiff had “testified in his deposition that after demolishing most of one of […]

April 1, 2022

Project Payment Reviews: Quite the Site to See

Source: Berkley Design Professional, https://www.berkleydp.com/ A large multi-discipline engineering firm working on a design-build project was retained by a general contractor to review payment applications for certification of the project to the owner and lender. Correspondence between the contractor and policyholder indicated that those reviews were to be “desktop reviews” only without a requirement for […]

October 22, 2020

Defending Against Construction Delay Claims

Source: https://www.law.com/, October 22, 2020 By: Jacqueline Greenberg Vogt Delays are inevitable in construction. They can also cause the project owner to lose a lot of money resulting from contractor claims, loss of use of the project, the cost of construction funding and other damages which are incurred when a project extends beyond the scheduled […]

June 11, 2020

College settles legal wrangling over building deficiencies

Source: https://www.themountaineer.com/, June 11, 2020 By: Vicki Hyatt Just last week, legal issues surrounding the 41,000 square-foot creative arts building at Haywood Community College were resolved. After seven years of trying to get problems fixed that were first noticed within days of moving into the building, the college governing board signed off on a $700,000 […]

June 10, 2020

Construction After COVID-19: Mitigating Design-Related Risk in a Post-Pandemic Paradigm

Source: https://iclg.com/, June 8m 2020 By: Faegre Drinker Among various other disruptions and turbulence that COVID-19 has brought to the construction industry, it has also introduced new concerns about the way we use and design public spaces. These insights provide new and distinctive opportunities — and risks. What design changes should professionals put in practice […]

December 19, 2019

CNA unit wins professional liability A&E ruling

Source: https://www.businessinsurance.com/, December 17, 2019 By: Judy Greenwald Massachusetts’ top court affirmed summary judgment Monday in favor of a CNA Financial Corp. unit in a professional liability case in which its policyholder had refused to agree to a settlement. The unanimous ruling by the Supreme Judicial Court of Massachusetts also held in Douglas M. Rawan and […]

November 21, 2019

Fla. Courts Continue to Expand Liability of Design Professionals on Construction Projects

Source: November 21, 2019 By: Charles E. Fombrun and Freddy X. Munoz Design professionals such as architects and engineers are exposed to significant risk and potential liability for errors and omissions in their designs and other work on construction projects. In addition to potential up-front design errors, many professionals participate in project administration, which includes […]

November 20, 2019

Florida bridge collapse | Catalogue of engineering errors revealed in final report

Source: https://www.newcivilengineer.com/, November 14, 2019 By: Sa,m Sholli A catalogue of engineering errors during design and construction led to the fatal collapse of the Florida International University bridge, the US National Transportation Safety Board (NTSB) has ruled in its final report. The report concludes that design calculation errors made by Figg Bridge Engineers were ultimately […]

October 25, 2019

After the New Orleans Hard Rock Hotel collapse, lawsuits mount

Source: https://www.theadvertiser.com, October 24, 2019 By: Todd A. Price In the wake of the partial collapse of the Hard Rock Hotel construction site on Oct 12, 11 lawsuits have been filed by site workers, nearby businesses, bystanders and the children of two of the men killed. All but one of the lawsuits, filed in Orleans Parish […]

October 23, 2019

Miami bridge fall blamed on design, lack of oversight

Source: https://www.thesunchronicle.com, October 22, 2019 A Miami university bridge that collapsed and killed six people last year showed significant design errors and should have been more carefully monitored by the state government because of the project’s complexity, federal officials said Tuesday. The National Transportation Safety Board members concluded that the design firm FIGG Bridge Engineers, […]

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