RT ECP: General Contractors

November 10, 2023

Design Done Wrong

Source: Berkley Construction Professional A general contractor was hired to build a new home and its CAD operator designed the home with a structural flaw that caused the roof to collapse during construction resulting in significant property  damage and injury to workers on the site. The total amount paid to resolve this claim was  $375,000.

November 7, 2023

Penny Wise, Pound Foolish

Source: Berkley Construction Professional A contractor designed a roof system for a specialized manufacturing facility and then subcontracted the construction  to a specialty roofing contractor. After the facility was completed there were major issues with the roof system. The  roofing product manufacturer declined the warranty due to the fact that it was installed without a […]

November 1, 2023

Cleaning Gone Wrong

Source Berkley Construction Professional A general contractor directed its flooring subcontractor to clean the project’s tile floor as it had a cloudy film despite several prior cleaning attempts. The subcontractor utilized a caustic substance that caused corrosion to metal furniture and HVAC system components. The owner demanded these items be replaced. Unfortunately, the general  contractor’s contract with […]

October 27, 2023

Ensure Subcontractors Know the Code

Source: Berkley Construction Professional A general contractor subcontracted the installation of an HVAC system for an assisted living facility. The HVAC subcontractor submitted a value engineering alternative to the mechanical engineer who requested additional information before approving. The HVAC subcontractor did not provide the additional information and proceeded to order the equipment for the unapproved […]

October 17, 2023

When it Rains, it Pours

Source Berkley Construction Professional A contractor drilled holes throughout the roof of a hotel while installing a cell phone tower. During a rain storm, a tarp failed to keep the rain out of the hotel.  Water intrusion occurred at several locations within guestrooms, hallways and the main lobby causing microbial damage. The total amount paid […]

October 13, 2023

It’s Not All It’s Cracked Up to Be

Source: Berkley Construction Professional A design-build contractor completed an apartment complex and the owner alleged that concrete cracking throughout the building and on numerous balconies severely impacted the owner’s ability to rent the apartments. It was  determined that the foundation design caused the cracking. Repairs had to be made and the owner also needed to […]

October 4, 2023

Costly Consequences

Source: Berkley Construction Professional A mechanical contractor underdesigned an HVAC system for a food processing facility. This led to worker illness and the inability of the facility to be utilized for its intended purpose. An outside engineer had to be retained to alter the HVAC system. Damages included lost profits from facility downtime, worker injuries, re-design […]

October 3, 2023

Specialty Contractor

Source: Distinguished Programs A specialty contractor was hired by a general contractor (GC) to design and build a retaining wall for a commercial development. The GC was responsible for the  initial site development and infrastructure. Upon completion, the building developed cracks in both the walls and floors. It was determined that the design of the  […]

September 19, 2023

General Contractor (GC)

Source: Distinguished Programs A GC under a design-build contract hired an HVAC subcontractor to design and install an HVAC system for a residential apartment project. Once completed and occupied, the apartment units began developing mold and  residents subsequently began complaining of respiratory problems, headaches, and other physical ailments. An error in the HVAC design plans […]

September 8, 2023

Report: Davenport building collapse had two ‘root causes’

Source: https://www.thegazette.com/, September 7, 2023 By: Anthony Watt and Sarah Watson Removed brick and inadequate support structures caused the west wall at a downtown Davenport building to collapse in May, an investigative report released Thursday concluded. The report is dated Aug. 15, and was completed by two city-hired investigative engineering companies on the causes and […]

July 20, 2022

Supreme Court Says Condo Association May Pursue Insurer in Construction Defect Case, But Must Arbitrate

Source: https://www.law.com/, July 19, 2022 By: Colleen Murphy After obtaining default judgments for construction defects against a structural engineering firm and a construction inspection company, a New Jersey condominium association may directly sue those companies’ insurer, the New Jersey Supreme Court ruled. At the same time, the court reversed the Appellate Division’s holding that those […]

July 19, 2022

NJ Supreme: Statute Allows Construction Defect Claim; Arbitration Clause Applies

Source: https://www.claimsjournal.com/, July 19, 2022 By: Jim Sams New Jersey’s Direct Action Statute allows a condominium association’s construction defects claims against an insurer, but the plaintiff must comply with a binding arbitration clause in the policies, the state Supreme Court ruled Monday. The unanimous decision overturns rulings by both the trial court and the state Appellate […]

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