Claims – Contr Prof Liability

May 13, 2019

Lawsuit vs. local developer: Bathrooms, kitchens, doors not ADA compliant

Source: Dayton Daily News (OH), May 10, 2019
Posted on:

Dayton-based builder Miller-Valentine Group failed to design and construct housing units and other facilities to make them accessible to people with disabilities, according to a lawsuit filed Thursday by the U.S. Department of Justice.

A press release cited Miller-Valentine and associated companies that built 82 multi-family complexes in Ohio, Illinois, Indiana, Iowa, Kansas, Kentucky, Missouri, North Carolina, Oklahoma, Pennsylvania, Tennessee, Texas and West Virginia.

The 73-page lawsuit filed in Dayton’s U.S. District Court said the company is accused of “unlawful discrimination that raises an issue of general public importance” and that the conduct was “intentional, willful and taken in disregard for the rights of others.”

About two-thirds of the complexes are in Ohio and, of those 55, about half are in southwest Ohio.

Apartment complexes cited in the complaint include Miller-Valentine properties in Middletown, Piqua, Bellefontaine, Huber Heights, Bellbrook, Moraine, Lebanon, Trotwood, Dayton, Greenville, Oxford, Springboro, Sidney, Vandalia, Tipp City, Beavercreek and Xenia.…

May 7, 2019

Builder of collapsed FIU bridge reaches deal to pay $42M to victims, families

Source:, May 3, 2019

Magnum Construction Management, which filed for bankruptcy back in March, agreed with insurance companies on the settlement deal

The construction company that built the Florida International University (FIU) pedestrian bridge, which collapsed in March 2018 and killed six people while injuring another eight, has reached a deal with insurers to pay up to $42 million to the victims and their families, according to a Miami Herald report.

Magnum Construction Management (MCM), formerly known as Munilla Construction Management, agreed with insurance companies on the settlement deal, which helps move forward the process of resolving the dispute with the families of the victims who were killed along with the injured survivors.

It was first reported that the families and victims of the collapse were filing a lawsuit against the companies involved with the FIU bridge work back in April 2018. This new settlement agreement, which was filed in federal bankruptcy court on April 30 of this year, must be approved by a judge. MCM filed for bankruptcy back in March of 2019.

This deal comes as all parties await a final verdict from the National Transportation Safety Board (NTSB) investigation as to the cause of the bridge collapse. A preliminary report from the NTSB released in August showed that cracking which appeared on the FIU structure days before it collapsed was more extensive than previously disclosed. In addition, an investigative update in November from the agency revealed that significant errors were made in the design of the bridge.

According to the Herald’s report, there are currently more than 20 other defendants in the middle of their own lawsuits filed by victims and their families which have yet to reach any agreement.…

May 7, 2019

Lawsuit seeks millions, alleges design flaws at Mohawk Harbor in Schenectady

Source:, 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 25, 2019

Settlement reached in lawsuit over runway overrun collapse

Source:, April 24, 2019

A settlement has been reached in a lawsuit over the 2015 landslide that collapsed a runway safety overrun at Yeager Airport.

The Charleston Gazette-Mail reports Yeager officials say the airport was awarded $14.8 million in the settlement that ends all legal wrangling stemming from the collapse. Of that, about $6 million will go for fees and reimbursements, leaving the airport with about $8.3 million.
Following the collapse, Yeager Airport filed suit against 15 construction, engineering, design, insurance and supply firms involved with building the 240-foot-high earthen structure supporting the safety overrun area. No one was injured in the collapse.

Yeager board Chairman Ed Hill said the settlement vindicates the airport of any wrongdoing.

April 25, 2019

University of Akron sues HNTB, others for $1M ‘catastrophic’ stadium defects

Source:, April 24, 2019
By: Kim Slowey

Dive Brief:

  • The University of Akron in Ohio is suing design-build contractor HNTB Ohioand others who participated in the construction of InfoCision Stadium–Summa Field, alleging it has had to pay $1 million to fix “catastrophic” construction defects plaguing the 10-year-old football stadium. Other defendants include construction manager Welty Building Co., concrete subcontractor Parsons Concrete Contractors, grout subcontractor EPI of Cleveland and Parsons’ and EPI’s sureties.
  • The claims outlined in the lawsuit are related to the stadium railing system’s concrete supports, which the university claims are failing. The university’s lawyers allege that Parsons did not install the specified rebar-secured sleeves — into which the railings were supposed to fit — and that EPI did not grout the railings into place correctly.
  • The 30,000-seat stadium was completed in 2009 at a cost of $61 million.
April 18, 2019

City sues contractors over transfer station issues

Source:, 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.…

April 17, 2019

Skanska disputes Salesforce Transit Center officials’ take on cracked beams

Source:, March 29, 2019
By: Kim Slowey

Skanska USA this week accused Salesforce Transit Center officials of ignoring the role design played in the shutdown of the $2.2 billion San Francisco facility in September, a month after it opened.

Skanska subcontracted the center’s structural steelwork from general contractor Webcor Obayashi, and, in August, transit center workers discovered significant cracks in two steel beams. In a statement sent to Construction Dive, Skanska maintains that it and steel fabricator Herrick Corp. performed the work to specifications and as directed by the Transbay Joint Power Authority’s (TJPA) engineer, Thornton Tomasetti.

It was Thornton Tomasetti, Skanska said, that directed it to cut the girder holes that turned out to be the trigger point for the larger fractures, according to a subsequent investigation by the authority.

However, Skanska said it takes issue with what it characterizes as the authority’s attempts to downplay Thornton Tomasetti’s and its own parts in the deficient beams. “TJPA officials have made incorrect statements around the agency’s responsibility for the girder inspection process,” Skanska said, “as well as the role and actions of their designer, Thornton Tomasetti, who was responsible for the structural design of the facility.”…

April 17, 2019

Salesforce Transit Center’s inspection missed flaws that led to cracked beams

Source:, March 20, 2019
By: Kim Slowey

Dive Brief:

  • After a March 14 meeting of the Transbay Joint Powers Authority, Executive Director Mark Zabaneh told reporters that two cracked beams, which led to the ongoing shutdown of the $2.2 billion Salesforce Transit Center, were the result of a “failure of quality control in the construction process,” according to the San Francisco Chronicle.
  • Four layers of inspections conducted by steel fabricator Herrick, steel installer Skanska, general contractor Webcor-Obayashi and the authority’s quality-assurance contractor Turner Construction failed to detect that the grinding necessary to prevent cracking of steel members had not been carried out, Zabaneh said. The grinding of welding access holes prior to welding would have eliminated the small cracks that led to larger fissures in the two steel beams, according to an authority consultant.
  • Zabaneh said that this quality control failure led to the review of “tens of thousands” of construction and inspection documents to make sure that no other major flaws had gone undetected. About 85% of the records had been examined as of March 14 and no additional problems with the structure had been found.
April 11, 2019

Lawsuit filed against firms in Fraser sewer collapse

Source:, April 9, 2019
By: Sarah Rahal

A lawsuit has been filed against three companies in connection with a sewer line collapse in Fraser that cost $75 million to repair.

Officials say the Macomb Interceptor Drain Drainage District filed the lawsuit Tuesday and seeks to recoup losses from the Christmas Eve 2016 collapse.

The broken line along 15 Mile caused a football field-sized sinkhole. Three houses had to be condemned. The sinkhole displaced more than 20 families during the holiday and closed a section of 15 Mile on the border between Fraser and Clinton Township for nearly all of 2017, officials said.

Macomb Public Works Commissioner Candice Miller said earlier this year that an assessment determined a quick release of waste and water into a sewer line fractured the pipe, which drew in sand and created a void in the surrounding soil.

A lawsuit has been filed against three companies in connection with a sewer line collapse in Fraser that cost $75 million to repair.

Officials say the Macomb Interceptor Drain Drainage District filed the lawsuit Tuesday and seeks to recoup losses from the Christmas Eve 2016 collapse.…

April 4, 2019

Developer built unsafe leaning condo tower to cut costs: suit

Source:, 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.…