RT ECP: General

May 18, 2017

Appeals court finds C.B. Engineering responsible in dispute over condemned Lake St. Louis home

Source: http://stlrecord.com/, May 17, 2017 By: Sam Knef A dispute between a homebuilder and engineering firm over who was to blame for a newly constructed home being condemned shortly after the owners moved in has been decided by the Missouri Court of Appeals Eastern District. In a decision handed down May 9, the appeals panel […]

April 28, 2017

Insurer alleges improper installation of sprinkler system in lawsuit over fire that destroyed Pa. building

Source: http://www.securityinfowatch.com, April 26, 2017 By: Keith Gushard A $5.2 million civil lawsuit has been filed in Crawford County Court of Common Pleas in connection with a fire that gutted the Titusville Towne Square building more than two years ago. The 17-count lawsuit has been filed by Erie Insurance Exchange, as it was the insurance […]

April 19, 2017

Serious design, construction and maintenance defects doomed Oroville Dam, report says

Source: http://www.latimes.com, April 17, 2017 By: Ralph Vartabedian Design flaws, construction shortcomings and maintenance errors caused the Oroville Dam spillway to break apart in February, according to an independent analysis by Robert Bea for the Center for Catastrophic Risk Management at UC Berkeley. Bea, a co-founder of the center and retired civil engineering professor, found […]

April 18, 2017

Developer McKafka sues architect, alleging construction delays and defects at the Crimson

Source: https://therealdeal.com, April 17, 2017 By: Francisco Alvarado An Aventura-based architecture firm allegedly left McKafka Development Group hanging, delaying construction on its 90-unit high-rise called the Crimson in Miami’s Edgewater neighborhood, according to a lawsuit. McKafka, through its limited liability company Alpine Estates, accuses International Design Engineering and Architecture, or I.D.E.A. for short, of breaching […]

March 2, 2017

Edgewater condo owners sue engineering firm for $1M in damages

Source: https://therealdeal.com, March 1, 2017 By: Francisco Alvarado Property at 2121 N. Bayshore Drive was affected by leaky HVAC, residents say The condominium board at an older building in Edgewater is suing the engineering firm that designed the HVAC system at the property, alleging that the system caused extensive damage to the building. In a […]

March 10, 2016

OSHA: Contractor died because floor designs for Kiln building unsafe

Source: Sun Herald (Biloxi, MS), March 9, 2016 Posted on: http://www.advisen.com OSHA has cited two companies for unsafe wood floor designs that led to its collapse in 2015 and the death of Bary Berthelot, 54. He and three other workers were rebuilding the Jourdan River Steamer restaurant in Kiln, which had been damaged by Hurricane […]

December 17, 2015

Limitation of Liability Clause Enforced in Favor of Architect by Georgia Court

Source: http://www.constructionrisk.com, January 2011 By: J. Kent Holland A $50,000 Limitation of Liability clause in a contract was enforced by the Georgia Court of Appeals in a case where a developer sued an architect for breach of contract and negligence when a retaining wall designed by the architect failed.   The architect’s motion for partial summary […]

December 16, 2015

Limitation of Liability Clause Protecting Owner is Not Voided by Owner’s Breach of Contract or Alleged Bad Faith

Source: http://www.constructionrisk.com, February 2011 By: J. Kent Holland, Jr. A Limitation of Liability clause (LoL) in a contract was upheld by a court notwithstanding allegations that the project owner had acted in bad faith in its treatment of the contractor.  It was held to apply, however, only to the damages that would be awarded under […]

February 11, 2015

Oklahoma State University stadium lawsuit gets settled

Source: http://insurancenewsnet.com, February 9, 2015 By: Randy Ellis Representatives of contractors who did renovation work on Oklahoma State University’s football stadium agreed to pay $700,000 to settle a lawsuit over plumbing system failures that caused sewage stench to permeate the locker room four years ago. The university’s insurers paid for the initial repairs. Money from […]

July 28, 2014

Million dollar lawsuit ignited over park project

Source: Beazley, PRO Newsletter, Summer 2014 Facts: A Beazley insured provided architectural services in connection with the design and construction of a recreational park. A construction defect lawsuit was filed by the project owner, who alleged that our insured did not sufficiently investigate the financial wherewithal of the project contractor and its surety. Moreover, the […]

December 26, 2013

Kirby Nagelhout Construction, BBT Architects sued

Source: http://www.bendbulletin.com, December 22, 2013 By: Shelby R. King Lawsuit alleges Clear Choice building in Bend was poorly designed, constructed A company that owns the building housing a Bend health care provider is suing a local construction company and a local architectural firm for up to $3.5 million each, claiming the design and construction of […]

October 29, 2013

United States: Design Professionals May Be Liable For Economic Loss Caused to Residential Homeowners Under California's SB 800 Law

Source: http://www.mondaq.com, October 25, 2013 By: Scott Hennigh, Sheppard Mullin Richter & Hampton Typically an architect is liable under its contract to the owner if it negligently creates a defective design. But whether an architect is liable for the effects of a defective design on parties with whom it has no contract has traditionally been […]

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