Habitational

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.…

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.…

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 4, 2019

Developer built unsafe leaning condo tower to cut costs: suit

Source: https://nypost.com, April 3, 2019
By: Priscilla DeGregory and Tamar Lapin

Forget Pisa — New York has the leaning tower of South Street.

A brand-new, 58-story condo in the Financial District is listing north like a drunken investment banker due to a faulty foundation — a defect that could cause bits of the tower to fall to the street, a Manhattan civil suit claims.

The 3-inch tilt to the north on 161 Maiden Lane was caused by cost-cutting measures on the part of the developer, Fortis Property Group, claims the lawsuit, filed by project contractor Pizzarotti.

Fortis allegedly opted not to drive piles into the soft ground of the site by South Street Seaport on the East River before it laid the foundation, saving them $6 million, the suit alleges. “The building structure has settled and moved to such a degree that the structure is encroaching on a neighboring property line,” according to the papers filed last month in Manhattan Supreme Court.…

April 4, 2019

Contractor Sues Fortis Over ‘Unsafe’ Leaning Condo Tower Near Seaport

Source: https://commercialobserver.com, April 2, 2019
By: Rebecca Baird-Remba

Pizzarotti says it can’t finish the building at 161 Maiden Lane due to off-kilter foundation

A Financial District condominium tower is leaning, and the contractor on the project claims the developer is to blame.

The 670-foot-tall, 58-story apartment building under construction at 161 Maiden Lane is leaning three inches to the north, according to a lawsuit filed in New York State Supreme Court by the project’s contractor, Pizzarotti. An off-kilter foundation is affecting the building’s structural integrity, facade, waterproofing and elevators, the recent suit argues.

Developer Fortis Property Group, working with a previous general contractor, opted not to drive piles into the soft ground of the site by South Street Seaport on the East River before it laid the foundation because Fortis wanted to save money, the contractor claims in the suit. Instead, Pizarrotti alleges, Fortis decided to use a cheaper “soil improvement” method, which involves compacting and draining the damp earth to make it more stable.…

February 22, 2019

Residents File Lawsuit Against Contractors, Verizon For 3-Alarm Gas Fire

Source: https://www.sfgate.com, February 20, 2019

Two San Francisco residents filed a lawsuit Tuesday against the construction company and contractors involved in a gas line rupture that caused a three-alarm fire earlier this month on Geary Boulevard.

According to the suit, plaintiffs Carina Kouyoumji and Nora Wixom are suing Mastec Services Company Inc.; Mastec Renewables Construction Company Inc.; Kilford Engineering Inc.; and Advanced Fiber Works Inc. Verizon Communications Inc. has also been named as a defendant.

Both plaintiffs live in one of the five buildings badly damaged by the Feb. 6 fire, which ignited after workers installing fiber optic lines near Geary Boulevard and Parker Avenue struck a PG&E gas line.

The lawsuit alleges the explosion was a direct result of the defendants’ “reckless and willful violation of California law of using a backhoe to dig a trench near subsurface installations.”

The California Government Code requires anyone excavating near a subsurface installation, such as a gas line, to use hand tools like a shovel.

The defendants are also accused of being negligent, causing a nuisance and trespassing.…

February 22, 2019

Naples-based Stock Development dealing with construction defects at Paseo in Fort Myers

By: Laura Layden

Tony Conte is tired of dealing with construction defects at his part-time home in Paseo.

While fixes have been made at his condominium, some projects have dragged out, leaving him frustrated.

Planks of wood reinforce his second-story balcony — and the manager of the Fort Myers community told him that it’s unsafe to use and not to walk on it, although Conte has to step on it to go in or out of his front door.

“We’ve had a dramatic spate of water intrusion issues, which were the first indications there was something wrong,” Conte said.

The developer, Naples-based Stock Development LLC, and its sister company Stock Construction, have filed multiple lawsuits and sued a laundry list of companies over the defects, from the architects to the roofers.

One of Stock’s lawsuits names more than 13 defendants, including RDL Architects Inc., based in Shaker Heights, Ohio, and Gulf Western Roofing & Sheet Metal in Bonita Springs. The claims in the suit range from negligence to breach of contract and from violations of the Florida building code to breach of warranty.…

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.