Public/Private Partnership (P3)

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 25, 2019

Settlement reached in lawsuit over runway overrun collapse

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.

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: https://www.constructiondive.com, 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: 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.…

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.…

February 22, 2019

Residents File Lawsuit Against Contractors, Verizon For 3-Alarm Gas Fire

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.…

February 22, 2019

Naples-based Stock Development dealing with construction defects at Paseo in Fort Myers

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.…

February 13, 2019

Quake-damaged middle school has faced design questions since it was built in the early 1980s

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.…

February 8, 2019

Builder of collapsed FIU pedestrian bridge had troubling construction failure at Port Everglades

Source: https://www.floridabulldog.org, February 6, 2019
By: Dan Christensen

Two months after last year’s fatal FIU pedestrian bridge collapse in Miami, the company that built the bridge was responsible for a troubling construction failure at Port Everglades.

Munilla Construction Management LLC, which operates as MCM, was hired by Broward County in 2016 as the prime contractor for the Slip 2 expansion project at the north end of the port. The $18-million project, completed in August 2017, saw low-bidder MCM extend the length of the slip about 250 feet to the west and deepen it 50 feet to accommodate larger cruise and cargo ships.

Last May 4, however, something unexpected happened.

“One of the new fenders that MCM installed along Berth 4 fell off the wall this morning and into the Slip,” a port representative told an MCM manager in an email obtained by Florida Bulldog.  “We have already fished it out, and brought it back over to the storage yard, and temporarily hung a tire in that vicinity…This is now causing the Port to be concerned about the other fenders that MCM installed.”…