Claims – A&E Prof Liability

September 26, 2019

City suing Solano Streetscape Project engineer, contractor

Source: https://www.appeal-democrat.com, September 25, 2019
By: Julie R. Johnson

The city of Corning is suing the construction company and the engineer who did the work on the town’s Solano Streetscape Project. The project has been the subject of debate and complaint from residents since its completion, which some say left the town’s main thoroughfare like a minor rollercoaster.

The city, as plaintiff, is claiming Trent Construction, the general contractor on the job, and Ed Anderson, the city’s former engineer who prepared the plans and specifications for the project, failed in their duties and left Solano Street in worse condition than what it was previous to the project. Read more.

September 17, 2019

CITY SUES ENGINEERING FIRM CH2M HILL OVER SEWAGE TREATMENT

Source: http://www.lebanonlocalnews.com, September 17, 2019
By: Sean C. Morgan

The City of Lebanon is seeking a $12.3 million judgment in a lawsuit filed Sept. 3 against CH2M Hill and Operations Management International, Inc., in Linn County Circuit Court over the engineering firm’s recommendation to use a “cannibal process” to handle solid waste left over from the city’s wastewater treatment process.

The City Council voted Aug. 29 to pursue all legal remedies against CH2M Hill. Jacobs Engineering purchased CH2M Hill and OMI in 2017 and now operates the plant.…

August 1, 2019

Plaintiffs’ Lawyers: Louis Berger Only Firm Not Yet To Settle Over FIU Bridge Tragedy

Source: https://www.enr.com, July 31, 2019

A year and a half after the Florida International University pedestrian bridge collapsed, killing six and injuring at least eight, victims and their survivors have reached monetary settlements with all but one of the companies implicated in the disaster.

Among those signing on to the deal announced in MIami-Dade circuit court Monday are FIGG, the Tallahassee -based engineering firm that designed the 950-ton, 320-foot span, and Munilla Construction Management (MCM), the general contractor headquartered in Miami . In total, 23 subcontractors joined the deal, which requires them to pay into a fund set aside for those affected.

The lone holdout is Louis Berger , an engineering consulting firm hired to double-check FIGG’s design and calculations.

The terms of each settlement are confidential, but the funds agreed upon will be added on top of a $42 million deal hashed out by the victims and MCM’s insurers in April. While Monday’s announcement came in civil court, it will be formalized in federal bankruptcy court as part of MCM’s ongoing debt restructuring.

However, the nature of the bankruptcy proceeding means that all parties involved need Louis Berger on board before the money can be distributed.…

July 25, 2019

Ohio Supreme Court: All Claims for Defective Construction or Design Must Be Brought Within 10 Years of Substantial Completion

Source: https://www.jdsupra.com, July 19, 2019

The Court’s decision in New Riegel Local School District Board of Education, et al. v. The Buehrer Group Architecture & Engineering, Inc., et al.  [1] interprets Ohio’s Statute of Repose,  [2] which generally requires certain construction defect claims to be brought within 10 years of the date of substantial completion. At issue in the case was whether that statute applies only to tort claims (such as claims that the general contractor or architect negligently performed its work by failing to comply with the applicable standard of care), or also to breach of contract claims. In holding that the Statute of Repose applies to both types of claims, the Supreme Court reversed its own 1986 holding that the statute applied only to tort claims.

In the New Riegel case, the New Riegel Local School District filed a lawsuit against its architect, general contractor, roofing subcontractor, and a surety for damages arising out of condensation, moisture intrusion, and other deficiencies allegedly resulting from improper design and construction. The lawsuit was filed more than 10 years after substantial completion. At the time the lawsuit was filed, the statute of limitations for a breach of contract action was 15 years and the school district’s lawsuit was filed within that time period. (The statute of limitations for breach of contract claims has since been amended to 8 years.)  But because the school district’s claims were for breach of contract, it argued that the Statute of Repose did not apply and that its claims were not time-barred.…

July 16, 2019

Nevada sues architects behind stadium redesign, says stadium needs $4M in fixes to be ADA complaint

Source: https://finance.yahoo.com, July 16, 2019
By: Nick Bromberg

The University of Nevada has filed a lawsuit against the architectural firm that did the redesign of Mackay Stadium because the school says it’s had to make millions in changes for the stadium to comply with the Americans with Disabilities Act.

The school will ask its board of regents to approve moving ahead with the lawsuit on Friday. Nevada says its contract with the WorthGroup stipulates that the firm should be held responsible for the $3.9 million in costs incurred to make the changes to meet ADA standards.

From the Reno Gazette Journal:

UNR will ask the Board of Regents, the elected body over the state’s public colleges, at a meeting Friday to approve moving forward with litigation in federal court.

UNR said its contract with the WorthGroup stipulates the architecture firm is responsible for costs of construction that results in negligent errors.

The university said it asked the WorthGroup to pay for the renovations to fix both botched redesigns but the architect firm refused.

July 2, 2019

Yakima School District files lawsuit against architects, builder over Ike blue wall

Source: https://www.yakimaherald.com, July 1, 2019
By: Janelle Retka

The Yakima School District has filed a lawsuit against the design and construction companies responsible for the blue wall running through Eisenhower High School for alleged breach of contract leading to property damage and substantial repair costs.

The lawsuit filed last month in Yakima County Superior Court names Graham Construction & Management, a Canadian firm with a Seattle office, and Yakima-based KDA Architecture as the defendants.

The architecture firm designed the Eisenhower High School campus, which was completed in 2013 to replace a campus dating back to 1957, and Graham was the contractor. The entire project cost the school district roughly $83 million.

June 12, 2019

‘It cracked like hell.’ Feds say engineers didn’t heed alarms before FIU bridge collapse.

Source: https://www.miamiherald.com, June 11, 2019
By: Andres Viglucci and Douglas Hanks

In a damning new report, federal work-safety investigators conclude that engineers in charge of design and construction of the ill-fated Florida International University pedestrian bridge should have shut down Southwest Eighth Street because of growing cracks in the structure, but failed to recognize the span was in danger of imminent collapse due to design errors.

The 115-page report by the Occupational Safety and Health Administration, obtained Tuesday by the Miami Herald, finds plenty of blame to spread around for the collapse of the bridge last year while under construction.

The report details a catalog of errors ranging from a “deficient” design by Tallahassee-based FIGG Bridge Engineers that led to structural failure, to inadequate oversight by two engineering consulting firms that were supposed to act as a backstop on design and construction, Louis Berger and Bolton Perez and Associates, and a fatal attempt by FIGG to close the cracks that triggered the collapse.…

June 3, 2019

Charleston ports agency settles with Leatherman Terminal contractor

Source: https://www.postandcourier.com, May 31, 2019
By: David Wren

The State Ports Authority and an engineering firm that worked on the Leatherman Terminal in North Charleston have agreed to settle legal claims they had filed against each other.

A jury sided with S&ME Inc. earlier this year in a case where the authority alleged the firm conducted faulty soil tests that resulted in a design that couldn’t support cranes and other equipment. The SPA had been seeking more than $35 million in damages.

The maritime agency asked the S.C. Court of Appeals to overturn the verdict, but last month withdrew its appeal when Raleigh-based S&ME agreed to drop a counterclaim alleging it had been banned from doing any further work for the SPA.

The engineering firm also had been considering a defamation claim against the authority for alleging it did faulty work.

In the end, both sides agreed to pay their own costs and walk away from the lawsuits, according to a filing in Charleston County court.

“The parties agreed that S&ME would dismiss its claim against the ports authority and the ports authority would withdraw its appeal against S&ME,” said authority spokeswoman Kelsi Brewer.

The authority filed its lawsuit in September 2016, claiming it had to spend additional money on work, materials and construction delays due to S&ME’s faulty work.

A second defendant — California-based engineering firm Moffatt & Nichol — settled with the SPA more than a year ago.

S&ME filed its counterclaim in December 2016, alleging a potential contractor on the authority’s Dillon inland port was told it could not use S&ME as a consultant if it wanted to bid on that project.

An official of S&ME said after the jury verdict that the firm’s work at the Leatherman Terminal was “professionally and competently performed,” adding the company was “glad to put this lawsuit behind us.”

The first phase of the 280-acre Leatherman Terminal, under construction at the former Navy base, will include a 1,400-foot wharf that can accommodate ships hauling up to 18,000 cargo containers. The initial phase of the $762 million project is scheduled to open in 2021.…

May 7, 2019

Lawsuit seeks millions, alleges design flaws at Mohawk Harbor in Schenectady

Source: https://dailygazette.com, May 4, 2019
By: John Cropley

Developer sues architect and engineer, alleges problems with water leaks and noise

The developer of Mohawk Harbor is suing its designers, blaming them for water leaks and noise intrusion in some of the buildings and structures.

The lawsuit filed April 26 in state Supreme Court in Schenectady County seeks damages expected to exceed $3 million, plus related costs.

Attorney Joel M. Howard III of the Albany law firm Couch White brought the complaint on behalf of Maxon Alco Holdings LLC against architect J.T. Pollard and his firm, Re4orm Architecture of Schenectady, as well as engineer Dale Meszler and his firm, 260 Structural Engineering of Albany.

Pollard did the architectural work for the project and Meszler the structural engineering work.

Maxon Alco is a subsidiary of the Galesi Group, developer of Mohawk Harbor, and lists the same address as the Galesi Group’s new headquarters: 220 Harborside Drive, which is one of two office buildings at the waterfront development.…

April 9, 2019

Lawsuits by condo associations against neighboring developers, builders are new norm

Source: https://www.miamiherald.com, April 7, 2019
By: Lindsey Thurswell Lehr and Susan C. Odess

Every South Florida construction boom brings with it a rise in defect claims by condominium associations against their buildings’ developers, builders and design professionals. The current wave of development has been no different, except that due to the proximity of new condo developments to each other, recently there has also been an increase in damage claims from associations that are neighboring construction sites.

This new litigation trend appears to have especially taken hold in South Florida, where several prominent condominium developers and contractors have been sued by adjacent associations for damages emanating from their construction sites. The lawsuits raise claims for structural damage, fallen stucco, splattered paint, excessive dirt, broken glass/windows, and other damage resulting from the construction practices of neighboring developments.

The insurer for the 1060 Brickell Condominium Towers brought a lawsuit alleging construction debris from Panorama, 1010 Brickell and the Bond damaged the two 1060 Brickell buildings. The lawsuit claims that the construction activities at these properties damaged 1060 Brickell’s facade, balconies, railings, pool deck, roof, cooling tower and other components.…