Claims – Contr Prof Liability

September 16, 2019

Construction Group Seeks Defense Coverage for Hard Rock Stadium Claims

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.

September 9, 2019

College of Marin appeal rejected in lawsuit over building project

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.

September 3, 2019

Philadelphia sues to compel ‘incompetent’ developer to repair historic maritime building in Fishtown | Inga Saffron

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.

August 13, 2019

Delay in Pipeline Construction Projects in the Oil and Gas Industry: Part 1 (Risk Mapping of Delay Factors)

Source: http://article.sapub.org

Abstract

Delay in pipeline construction projects in the oil and gas industry attributed by schedule and budget overruns is a major challenge in oil and gas industry. A total of 47 delay factors were identified and ranked where timely project completion alongside with adherence to the budget, quality and safety standards were found to contribute to a project success. Some of the factors identified in the study included: poor managerial skill, slow decision making within all project teams; lack of communication between client, consultant and contractor; inadequate design team; scope variations; unrealistic contract decision and delay in drawings preparation of the project. This paper identifies the factors causing delays and the risk associated with them in the pipeline construction projects in Bahrain. A risk mapping matrix was employed to classify each delay factor under a specific zone based on the mean value of Importance (Consequence) and Frequency (Likelihood) to illustrate the impact nature of the risks resulting from the delay factor. The study adopted a mixed method research design approach which was guided by a pragmatic philosophical stance. The results of this study indicated that inadequate project planning, budgeting, and scheduling, scope variation, and late materials delivery were the main delay causing factors. The research also provides recommendations such as contractor penalties and proper project team engagement have been made to help avoid and mitigate some of the risks to ensure efficiency and timely project completion. Read more.

August 13, 2019

Pipe Installation & Maintenance: Pipeline Failures, Serious Accidents Often Due to Errors by Engineers, Contractors

Source: https://www.waterworld.com/, November 1, 2007
By: Dr. Jey K. Jeyapalan, P.E.

There are more than eight million miles of pipeline nationwide, with the number of pipeline failures and serious accidents now on the rise.

Multiple Mistakes

Take for example what happened in Boston on the Big-Dig. After years of unstoppable leaks needing continuous pumping of over two million gallons of water each month, a woman was killed on her way to the Logan airport when the roof of the tunnel collapsed. The Boston Globe reported this summer that state and federal officials are now demanding Bechtel-Parsons Brinckerhoff pay as much as $1 billion to settle claims for shoddy work in exchange for a guarantee the consortium won’t face criminal charges, according to the sources with knowledge of the negotiations. 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.…

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.…