Source: https://www.businessinsurance.com, May 29, 2019
By: Judy Greenwald
A federal court ruled Tuesday that an Allied World Assurance Co. unit must defend an engineering firm in a construction lawsuit, but held off ruling on whether it must also indemnify the company until underlying litigation is resolved.
Richard Goettle Inc., a Cincinnati-based geotechnical engineering and construction firm, was hired by Winfield, Alabama-based Joy Global Conveyors Inc. to build a retaining wall at the Dolet Hills
Truck Dump project at a coal mine near Mansfield, Louisiana, according to Tuesday’s ruling by the U.S. District Court in Cincinnati in Allied World Surplus Lines Insurance Co. v. Richard Goettle Inc.
In April 2017, there was a “failure incident” involving the wall, and an engineering firm hired to investigate concluded Goettle’s original wall design “was insufficient and/or incomplete from a geotechnical standpoint,” according to the ruling.
Joy Global sued the firm for negligent design, negligent construction and breach of contract.
Goettle’s insurer, Farmington, Connecticut-based Allied World Surplus Lines, an Allied World Assurance unit, denied coverage, and Goettle filed suit seeking defense and indemnification.
The court ruled Allied World is obligated to defend the company. One of the factors discussed in the ruling is Allied World said it is entitled to deny coverage because the company had failed in a policy renewal application to inform the insurer about the alleged error or omission in its retaining wall’s design before its 2017-2018 policy took effect.
“Goettle did not know about the Dolet Hills incident on March 29, 2017, the date of the renewal application, because the incident didn’t occur until April 2017,” said the ruling. “Goettle’s failure to update the policy renewal application does not provide a basis for the denial of coverage,” said the court.
The court also held Allied World was obligated to defend Goettle under its 2017-2018 policy form because there was a potentially covered claim.
It said it is holding the issue of indemnification in abeyance pending the underlying litigation’s resolution. “The duty to indemnify must be based on more than the allegations of the complaint in the underlying lawsuit,” the ruling said.
Goettle’s attorney had no comment, while Allied World attorneys could not immediately be reached for comment.…
Source: https://dailygazette.com, May 4, 2019
By: John Cropley
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.…
Source: https://www.herald-dispatch.com, April 24, 2019
A settlement has been reached in a lawsuit over the 2015 landslide that collapsed a runway safety overrun at Yeager Airport.
Yeager board Chairman Ed Hill said the settlement vindicates the airport of any wrongdoing.
Source: https://www.constructiondive.com, April 24, 2019
By: Kim Slowey
Source: https://www.weatherforddemocrat.com, April 17, 2019
By: Joseph Brown
Huntsville has authorized a lawsuit against three contractors in a bid to recoup repair costs for structural issues at the hub for the city’s trash.
In January, city officials revealed that pavement for the driveway at the transfer station was cracking and crumbling, just 18 months after the near $3.6 million facility opened its doors. Officials later discovered that the contractor did not provide lime stabilization, did not install steel reinforcements nor did they deliver the desired concrete thickness, according to attorney Jeff Chapman of the Chapman Firm, who is representing the city in the litigation.
“The pavement at the transfer station was cracking, crumbling and deteriorating in a way that is not acceptable, and in a way that was not anticipated from the intended design and construction,” Chapman said.
The city’s lawsuit will be filed against the facilities designer Weaver Consulting Group, contractor-at-risk Anchor Construction and subcontractor Liberty Concrete.…
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.…
Source: https://commercialobserver.com, April 2, 2019
By: Rebecca Baird-Remba
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.…
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.…
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.…
Source: http://www.alaskastar.com, February 12, 2019
By: Matt Tunseth
Engineers had serious questions about whether Gruening Middle School could withstand a powerful earthquake from the time the school was built, according to a collection of news stories written about the school’s troubled construction in the early 1980s.
“A major earthquake would produce significant damage and a possible partial collapse,” at the school, California engineering firm Forell/Elsesser Engineers Inc. wrote in a 1983 report to the Anchorage School District.
The firm was commissioned by the district after consultants determined the building — which was supposed to open in the fall of 1983 — was seriously flawed, news stories said. An investigation found errors in the engineering calculations and pointed out that the plans for the school didn’t receive oversight from Anchorage building inspectors, who some Eagle River builders resisted at the time. The district eventually retrofitted the school (which opened to students in 1984), but Forell/Elsesser warned inherent design flaws would likely always be an issue.
“It is not possible to overcome all deficiencies without major and costly reconstruction,” the company wrote.…