June 2016 - EJCDC - Engineers Joint Contract Documents Committee

0 Engineer’s exposure to contractor claims. Balfour Beatty Infrastructure, Inc. v. Rummel Klepper & Kahl,, LLP. Court of Special Appeals of Maryland (2016), by Hugh Anderson

Summary: Design-bid-build City of Baltimore wastewater treatment plant upgrade project. The engineering firm Rummel Klepper & Kahl prepared the design and project timeline estimates. Fru-Con Construction (predecessor to Balfour Beatty Infrastructure) was the successful bidder. BBI ultimately filed a $10 million lawsuit against RKK, alleging negligence and similar tort claims based on contentions that BBI […]

0 Exceptions to statute of repose. Miron v. MNI, Inc. Court of Appeals of Wisconsin (2016), by Hugh Anderson

Summary: Alan Miron was a laborer for a company hired by Target to demolish a store in Milwaukee. During demolition in 2011, a fixture wall fell on and injured Miron. An investigation showed that a wall cleat intended to hold the fixture wall in place had been screwed into drywall, rather than into the wood […]

0 Engineering/Architecture firms’ exposure to liability for scaffold collapse. McKean v. Yates Engineering Corporation. Court of Appeals of Mississippi (2015),by Hugh Anderson

Summary: This case presents a host of issues, some of which will be listed in bulleted form at the end of the Comment below. The focus of the summary will be on the potential liability of the project architect and the contractor’s engineering consultant for injuries that occurred when a scaffold collapsed. The hospital project […]

0 Obligation of Commercial General Liability insurance carrier when the insured has settled a claim without notice to, or involvement of, insurance carrier. Travelers Property Casualty Company v. Stresscon Corporation. Supreme Court of Colorado. (2016), by Hugh Anderson

Summary: After a serious crane accident on a construction project, the general contractor, Mortenson, sought delay damages from its concrete subcontractor, Stresscon. Stresscon notified its Commercial General Liability insurance carrier, Travelers. After a period of inaction, Mortenson and Stresscon agreed to a settlement, and Stresscon paid Mortenson the settlement amount. Stresscon subsequently sought damages from […]

0 Project Owner’s right to pursue claims directly against Engineer’s subconsultant. City of Whiting v. Whitney, Bailey, Cox & Magnani, LLC. United States District Court, Northern District of Indiana (2015), by Hugh Anderson

Summary: The City of Whiting, on Lake Michigan, retained Structurepoint as its consulting engineer on a lakeshore park, marina, and shoreline protection project. Structurepoint in turn retained WBCM as a subconsultant for portions of the professional services. WBCM designed a shoreline revetment structure armored with stone. According to the city, during and after construction the […]

Monthly Archives: June 2016

0 Engineer’s exposure to contractor claims. Balfour Beatty Infrastructure, Inc. v. Rummel Klepper & Kahl,, LLP. Court of Special Appeals of Maryland (2016), by Hugh Anderson

0 Exceptions to statute of repose. Miron v. MNI, Inc. Court of Appeals of Wisconsin (2016), by Hugh Anderson

0 Engineering/Architecture firms’ exposure to liability for scaffold collapse. McKean v. Yates Engineering Corporation. Court of Appeals of Mississippi (2015),by Hugh Anderson

0 Obligation of Commercial General Liability insurance carrier when the insured has settled a claim without notice to, or involvement of, insurance carrier. Travelers Property Casualty Company v. Stresscon Corporation. Supreme Court of Colorado. (2016), by Hugh Anderson

0 Project Owner’s right to pursue claims directly against Engineer’s subconsultant. City of Whiting v. Whitney, Bailey, Cox & Magnani, LLC. United States District Court, Northern District of Indiana (2015), by Hugh Anderson