Claims – A&E Prof Liability

November 6, 2018

Johnson Street Bridge builder sues City of Victoria over design, costs

Source: https://www.timescolonist.com, November 3, 2018
By: Bill Cleverly

The new Johnson Street Bridge is built and in use, but legal wrangling over its design and costs continue.

In a lawsuit filed in B.C. Supreme Court, PCL Constructors Westcoast Ltd., the company that built the bridge, maintains design information for the bridge “was not accurate and complete” and “contained errors, omissions and misrepresentations.”

The suit seeking unspecified damages names the city, bridge design consultant WSP Canada Group Ltd. (formerly known as MMM Group), and Hardesty & Hanover, a sub-consultant, as defendants. The statement of claim, filed in Supreme Court in Chilliwack, says the city failed to provide design information in a timely manner, unreasonably changed the design (including specifications), and failed to pay PCL’s costs arising from changes.…

October 8, 2018

College of Marin sues in messy dispute with fine arts building architect

Source: https://www.marinij.com, October 5, 2018
By: Richard Halstead

The Marin Community College District has found itself enmeshed in a sort of Chinese box of lawsuits, as it sues the law firm it hired to sue the architectural firm it commissioned to help modernize the College of Marin campus.

The district last month filed suit against Dannis Woliver Kelley, the San Francisco law firm that it hired to sue Marcy Wong & Donn Logan Architects (MWDL). The Berkeley-based architects were brought on in 2007 to assist with construction of its Fine Arts Building and modernization of its Performing Arts Complex.

Events began to unfold in March 2014, when the district filed a complaint for breach of contract and professional negligence in Marin Superior Court against Marcy Wong & Donn Logan Architects.

It was the first of two suits it would eventually file against the architectural group alleging a total of about $3 million in damages. MWDL did not respond to requests for comment.

In April 2007, the district entered into a contract with MWDL for architectural design services to be provided for various construction projects at the campus. The projects were funded by Measure C, a $249.5 million bond measure approved by voters in 2004.…

October 5, 2018

Developers of subdivision suing engineering firm for delays

Source: http://www.tribtown.com, October 4, 2018
By: January Rutherford

The developer of Burkart Crossing Apartments in Seymour is suing an engineering firm for “poor” design and implementation of plans for a 104-lot subdivision on the city’s northeast side.

Construction of homes has yet to begin in Redbud Meadows subdivision, located on about 60 acres of property north and northeast of the apartments.

The major hangups are due to ongoing stormwater drainage issues and roads that were not built wide enough to meet city code.

Attorneys for Bushmann LLC of Columbus have filed a complaint in Jackson Superior Court I for breach of contract against LandWater Group Inc., also of Columbus.

The complaint states Bushmann entered into an oral agreement in 2013 with LandWater Group to prepare zoning documents and development plans for the subdivision.

Those plans were to be designed to meet city code so the city would accept the subdivision into its inventory.…

September 27, 2018

Cambria CSD sues company that built its water facility

Source: https://www.newtimesslo.com, September 27, 2018
By: Karen Garcia

The Cambria Community Services District claims that it has accrued $3.5 million in damages and bad equipment due to faulty work by the construction company that helped build its emergency water supply facility.

The lawsuit, filed on Sept. 21 against CDM Smith—a Boston-based construction and engineering company that specializes in water, environment, transportation, and energy—alleges that the district lost $2.5 million with the construction of a brine pond and must decommission the facility due to the company’s flawed reports.

On Jan. 30, 2014, the district declared a stage 3 water shortage emergency, imposing conservation measures and authorizing the general manager to enter into any necessary agreements to develop and implement an emergency water supply project.

On Feb. 7, 2014, the district finalized a contract with CDM Smith, according to the lawsuit, for the design and construction of the emergency water supply project intended to produce an additional 400,000 to 600,000 gallons per day of potable water.

The project extracts and treats a mixture of brackish water from saltwater and treated wastewater.…

August 14, 2018

Galesburg settles lawsuit with engineering firm

Source: http://www.galesburg.com, August 6, 2018
By: Rebecca Susmarski

A lawsuit the city of Galesburg filed against the engineering firm it hired for the Oquawka water treatment plant came to an end Monday.

The Galesburg City Council agreed during its regularly scheduled meeting to settle the city’s lawsuit against AECOM, the parent company of engineering firm Consoer Townsend Envirodyne Engineers Inc. AECOM will pay the city $73,710 in accordance with the settlement.

The city sued AECOM in June 2015 to recoup money lost due to defects in the design of the water treatment plant, according to The Register-Mail’s archives. The city contracted with Consoer Townsend Envirodyne Engineers Inc. in April 2007 for design services on the water plant, which commenced operations in 2010.

“The plant was built and began operating, after which, the city alleges, a host of problems appeared, including malfunction of water pumps within the plant, corrosion of ductwork and electrical components, insufficient heating, problems adjusting water flows within pipes, problems with drainage, various difficulties with the placement of pipes and other equipment, and several missing devices that were required but not in the original plans,” according to the lawsuit.…

July 19, 2018

Construction Concerns: Complacency and Building Design

Source: https://www.fireengineering.com, July 17, 2018
By: Gregory Haval

In a “Construction Concerns” article from February 21, 2018, discussed complacency and hubris

and their effects on emergency incident outcomes. “Complacency” was defined as “satisfaction with a perception of a situation that is not based on reality.” “Hubris” was defined as “self-confidence beyond the level of competence,” eaning that our perception of our skills and abilities was not based on reality.

Both concepts—especially complacency—can affect the course of an incident years before emergency services are dispatched and as early as the design phase of a building. The collapse of the Hyatt Regency skywalks in Kansas City, Missouri, on July 17, 1981, is an example of this kind of complacency. This was the deadliest structural collapse in U.S. history until the destruction by terrorists of the World Trade Center Twin Towers on 9/11.

The original architectural and engineering plans were prepared in 1977. In late 1978, the structural engineer was contacted by a subcontractor who was preparing shop drawings for the fabrication of the structural steel for the skywalks. The fabricator had been retained by the general contractor. The fabricator then proposed to redesign the system of single suspension rods supporting the second- and fourth-floor skywalks to suspend the fourth-floor skywalk from the roof trusses and to suspend the second-floor skywalk from the fourth-floor skywalk framing. The engineer of record approved the design change without checking the calculations to determine whether there would be changes in the loading of structural elements. The shop drawings were approved by the structural engineer in February 1979.…

May 9, 2018

Cracks where FIU bridge buckled may have signaled ‘imminent failure’

Source: http://www.miamiherald.com, May 7, 2018
By: Andres Viglucci, Nicholas Nehamas and Jenny Staletovich

A key concrete support truss in the doomed Florida International University pedestrian bridge developed worrisome cracks 10 days before the structure was lifted into place over the Tamiami Trail, photographs and an internal email unintentionally released by the school show.

The documents, released in response to public records requests from the Miami Herald, show that FIU’s construction and engineering team discovered potentially problematic cracks in the bridge earlier than officials have previously acknowledged.

The cracks were found in late February at the base of a diagonal support member at the north end of the span. Independent engineers have identified that as the point where the structure shattered on March 15 while under construction, sending the 950-ton bridge crashing onto the roadway below and claiming six lives.

Three independent engineers who examined the photos, records and bridge blueprints at the Herald’s request concurred the cracks were a red flag signaling potentially critical structural problems. Outside experts have zeroed in on that truss member, identified in plans as No. 11, as being “under-designed” — that is, not strong enough to withstand the pressure from the weight of the bridge it was supposed to hold up.…

April 18, 2018

Architect pays $1.6 million to settle lawsuit over Dayton school flaws

Source: https://www.daytondailynews.com, April 17, 2018
By: Jeremy P. Kelley

Dayton’s school board on Tuesday approved a $1.6 million settlement agreement in favor of the school district and the state, addressing longstanding design problems at Wogaman and Louise Troy schools.

DNK Architects, Inc. will pay $1 million to the school board and the Ohio Facilities Construction Commission for the Wogaman project and $595,000 for the Louise Troy project, according to the agreement.

DNK was hired to serve as architect and engineer of record for construction of Wogaman in 2002 and Louise Troy in 2005. The schools sit a mile apart in West Dayton, both south of Germantown Street.

By 2013, Dayton Public Schools was seeking contractors to fix roofing and “building envelope” problems at Wogaman, and they ended up completely replacing the roof. The school district sued several contractors over the projects in 2015.

Two other contractors last year agreed to pay $900,000 to settle roof-specific claims. The lawsuit allegations against DNK said that the company’s design documents for Wogaman and Louise Troy contained a combined 2,314 “design errors and omissions” resulting in 319 change orders. In common final settlement language, neither side admitted fault.

The settlement does not specify how Dayton Public Schools and the OFCC will split the settlement proceeds, but a previous settlement was divided 39 percent for DPS and 61 percent for the state, to match each agency’s investment in the project. That breakdown would give DPS just over $600,000 in this case.

April 17, 2018

Sickened Coal Ash Cleanup Workers Seek Justice From Tennessee Valley Authority Contractor

Source: http://www.truth-out.org, April 17, 2018
By: Sue Sturgis

At the same time the Trump administration is seeking to roll back regulations designed to protect people and the environment from toxic coal ash, hundreds of workers who cleaned up the nation’s largest-ever coal ash spill and claim it sickened them are still waiting for their day in court.

A team of attorneys has filed lawsuits in federal court on behalf of 53 dead and sick workers against Jacobs Engineering, a Fortune 500 government contractor hired by the Tennessee Valley Authority (TVA) to clean up following the spill of over a billion gallons of coal ash from a holding pond at the federally-owned corporation’s Kingston power plant in eastern Tennessee on Dec. 22, 2008. The spill inundated a nearby residential community and contaminated the Emory and Clinch rivers with coal ash, which is laden with heavy metalsradioactive elements, and other health-damaging contaminants. The disaster also spurred the federal regulations now targeted for rollback.

After the USA Today Network-Tennessee published an investigation into conditions at the cleanup site, more workers came forward with similar stories of lung disease, cancers, and skin conditions. Since then, the attorneys involved in the case filed a new lawsuit in state court on behalf of an additional 180 dead or sick workers.

The federal lawsuit is expected to get underway later this year. It was delayed in part due to a fire at the offices of the plaintiffs’ attorneys, the cause of which remains unknown.

While the Environmental Protection Agency (EPA) wanted the cleanup workers to be given protective gear, it met resistance from Jacobs Engineering and The Shaw Group, the Louisiana-based government contractor hired by TVA for technical advice on the project. Workers say the companies downplayed the dangers of coal ash and seemed concerned about alarming the public.

In the end, the EPA signed off on a safety plan that did not require workers to be given protective suits and that made it difficult for them to qualify for a respirator or even a dust mask — and the companies resisted implementing even that.

“Jacobs’ site safety manager, Tom Bock, and TVA site supervisor Gary McDonald both have admitted refusing workers’ requests for respirators and dust masks in violation of the plan’s rules on the approval process,” the USA Today Network-Tennessee reported.

Warnings Were Given

The news network’s reporting on the Kingston cleanup recounted the dangerous working conditions at the spill site, with tornados of coal ash blowing across the landscape and workers eating atop coal ash heaps with only bottled water to clean themselves. However, it did not get all of the facts right. This is how the first story in the series opened:

It was the nation’s largest coal ash spill, and it would bring a stampede of government supervisors, environmental advocates, lawyers, journalists, politicians and contractors to Kingston, Tenn.

But not one of them asked why the hundreds of blue-collar laborers cleaning up the mess weren’t wearing even basic dust masks.

It’s not true that no one visiting the disaster site inquired into the workers’ safety.…

April 12, 2018

THE BAGGAGE SYSTEM AT DENVER: PROSPECTS AND LESSONS

This article discusses the fundamental design difficulties of the fully automated baggage system originally planned for the New Denver Airport, and their implications for airport and airline management. Theory, industrial experience, and the reality at Denver emphasize the difficulty of achieving acceptable standards of performance when novel, complex systems are operating near capacity. United Airlines will thus make the Denver system “work” by drastically reducing its complexity and performance. Automated baggage systems are risky. Airlines and airports considering their use should assess their design cautiously and far in advance, and install complementary, backup systems from the start.

Read here.