Source: https://www.enr.com, October 16, 2019
By: Richard Kor,man and Scott Judy
In their competing accounts of what went wrong before last year’s Florida pedestrian bridge collapse, both the contractor and designer agree on one point: The concrete was never “roughened” at locations where it was required. The process involves altering the material to promote mechanical bonding. Among the most important locations were the key junctures where bridge truss diagonals and verticals met the bridge deck. Read more.…
Source: https://www.law.com, September 27, 2019
By: Lidia Dinkova
The historic Coral Rock House in Miami Beach was supposed to reopen as a cigar store and lounge but stands vacant amid allegations of major structural defects including corroded rebar, failing concrete and leaks.
The tenant and building owner C&A Collins LLC, affiliated with New York-based real estate investor Robert Cayre, are locked in a legal dispute over the property, each side alleging the other didn’t live up to its duties under the lease. Read more.…
Source: https://www.lexology.com, September 10, 2019
By: Sergio F. Oehninger and Daniel Hentschel, Hunton Andrews Kurth LLP
In an insurance coverage action pending in the S.D.N.Y., Hunt Construction Group (Hunt) contends that Berkley Assurance Company wrongfully denied defense coverage for claims arising out of the renovation of Hard Rock Stadium (home to the Miami Dolphins and Miami Hurricanes football teams). Read more.…
Source: https://www.marinij.com, September 6, 2019
By: Gary Klien
A state appeals court has rejected an appeal by the Marin Community College District in a failed lawsuit over a major construction project.
The lawsuit involved the new Fine Arts Building at the College of Marin campus in Kentfield. The project was part of the facilities overhaul funded by Measure C, the $249.5 million bond measure passed in 2004. Read more.…
Source: https://www.inquirer.com, September 3, 2019
By: Inga Saffron
The six-month renovation schedule was ambitious for any building, but especially for one as old and fragile as the historic Edward Corner building in Fishtown. That didn’t stop Streamline, the fast-growing rowhouse developer, from setting a Christmas deadline for moving its corporate offices into the old warehouse on Delaware Avenue. Read more.…
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.…
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.  interprets Ohio’s Statute of Repose,  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.…
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.
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.…
Source: https://www.hartfordbusiness.com, June 3, 2019
By: Greg Bordonaro
A bitter lawsuit between the city of Hartford and the fired former developer of Dunkin’ Donuts Park is finally coming to a head.
The trial between the city and Centerplan Construction Co./DoNo Hartford LLC, which argues it was wrongfully terminated from the stadium development and is suing for $90 million, is scheduled to start Wednesday, while a pre-trial hearing and jury selection is expected to start today.
The city hired Centerplan and DoNo Hartford LLC, both controlled by Robert Landino, in early 2015 to oversee development of Dunkin’ Donuts Park, home to the minor-league Double A Hartford Yard Goats baseball team, but the project quickly faced problems.
Faulty construction and other delays created over $10 million in cost overruns that forced the Yard Goats to play its inaugural season entirely on the road.