Power

October 25, 2019

After the New Orleans Hard Rock Hotel collapse, lawsuits mount

Source: https://www.theadvertiser.com, October 24, 2019
By: Todd A. Price

In the wake of the partial collapse of the Hard Rock Hotel construction site on Oct 12, 11 lawsuits have been filed by site workers, nearby businesses, bystanders and the children of two of the men killed.

All but one of the lawsuits, filed in Orleans Parish Civil District Court, make unspecific allegations of negligence against the owners of the project, the general contractor Citadel Builders and numerous sub-contractors. Those suits read like placeholders for facts that will be established later as the litigation moves forward. Read more.

October 23, 2019

Miami bridge fall blamed on design, lack of oversight

Source: https://www.thesunchronicle.com, October 22, 2019

A Miami university bridge that collapsed and killed six people last year showed significant design errors and should have been more carefully monitored by the state government because of the project’s complexity, federal officials said Tuesday.

The National Transportation Safety Board members concluded that the design firm FIGG Bridge Engineers, Inc. underestimated the load of the bridge and overestimated its strength in a critical section that splintered, dropping a 174-foot-long (53-meter-long) span onto eight cars on March 15, 2018. Read more.

October 23, 2019

Design errors draw blame in collapse of FIU pedestrian bridge that killed 6

Source: USA today Online, October 22, 2019
Posted on: https://www.advisen.com

A doomed design was the “probable cause” of the horrific collapse of a pedestrian bridge in Miami last year that killed six people and injured 10, the National Transportation Safety Board found Tuesday.

The 174-foot-bridge section, designed to connect Florida International University with the city of Sweetwater, was still under construction on March 15, 2018, when it crashed to the road below. Eight vehicles were crushed, seven of which were occupied. Read more.

October 23, 2019

NTSB: Errors by FIGG Led to Fatal Bridge Collapse

Source: https://www.enr.com, October 22,2 2019
by: Scott Judy and Tom Ichniowski

Multiple design errors by FIGG Bridge Engineers and its engineer-of-record were the primary probable cause of last year’s Florida International University pedestrian bridge collapse, the National Transportation Safety Board announced Oct. 22.

In a more than three-hour presentation of its findings, the three-member board pointed to FIGG’s “load and capacity calculation errors” and its “design of the main span truss member 11-12 nodal region and connection to the bridge deck” as key explanations of the collapse. [View abstract of NTSB findings, probable-cause determination and safety recommendations here.] Read more.

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.…