Summary: The Warwick Sewer Authority (WSA) retained Pare Engineering Corporation to design a sewer infrastructure expansion project and assist WSA in soliciting bids from construction contractors. Ultimately five contractors bid on the work. John … [Read more...]
Application of the statute of repose to breach of contract claims. New Riegel Local School District Board of Education v. The Buehrer Group Architecture & Engineering, Inc. Supreme Court of Ohio (2019). by Hugh Anderson
The new New Riegel school was substantially completed in 2002. In 2015, the school district brought claims against the project architect/engineer and two contractors, alleging that the building was beset by condensation, moisture intrusion, and other … [Read more...]
Engineering firm’s compliance with FEMA flood standards as a defense to subsequent negligence claims. Alexander v. The Woodlands Land Development Company. United States District Court for the Southern District of Texas (2018). by Hugh Anderson
Summary: The Woodlands Land Development Company and the Howard Hughes Corporation jointly developed a residential community called Timarron Park. They retained LJA Engineering and James Bowles to design the stormwater drainage system for the new … [Read more...]
Does the design/construction statute of repose protect an engineering firm that conducted an inspection of a newly built structure for a prospective purchaser? Manney v. MBV Engineering, Inc. District Court of Appeal, Florida (2019), by Hugh Anderson
Summary: In 2002 Manney retained MBV Engineering to review the construction drawings and inspect a newly built house that Manney was planning to purchase. MBV informed Manney that the structural integrity of the house was excellent. Manney purchased … [Read more...]
Duty owed by engineer-inspectors to negligent design-builder. W.C. English, Inc. v. Rummel, Klepper & Kahl, LLP. United States District Court, Western District of Virginia (2018), by Hugh Anderson
Summary: W.C. English was the design-builder on a Virginia Department of Transportation highway bridge project. English’s primary design engineer, AECOM, prepared a design calling for slab runners—a form of steel reinforcement—2.5 inches in height. … [Read more...]
Categorization of construction repair costs as consequential or general damages. Keystone Airpark Authority v. Pipeline Contractors, Inc. Court of Appeal of Florida (2019), by Hugh Anderson
Summary: Keystone Airpark is an airport in northern Florida, between Gainesville and Jacksonville. The airport engaged a contractor to construct airplane hangars and taxiways. The contractor reportedly used substandard materials for stabilization … [Read more...]
Does an indemnification agreement apply only to third-party claims? International Fidelity Insurance Co. v. Americaribe-Moriarty JV. United States Court of Appeals, 11th Circuit (2018), by Hugh Anderson
Summary: Americaribe-Moriarty was the general contractor on a building project in Miami. CPM was a swimming pool subcontractor. The subcontract did not include a prevailing-party attorneys’ fees clause. The Subcontract’s general indemnity clause, … [Read more...]
Surety’s entitlement to recover costs under general indemnity agreements with contractor and contractor’s owners. Arch Insurance Company v. Centerplan Construction Company, LLC. United States District Court, District of Connecticut (2019), by Hugh Anderson
Summary: Arch Insurance issued performance and payment bonds on numerous projects conducted by Centerplan Construction. The primary project at issue in this case is construction of a minor league baseball stadium in Hartford, Connecticut. The stadium … [Read more...]
Conflict of interest because of participation in peer review. In the Matter of HBI-GF, J.V. United States Government Accountability Office (2017), by Hugh Anderson
Summary: In March 2016, the Corps of Engineers retained Gannett Fleming to conduct an external peer review of the design of a six-mile cutoff wall project at the Herbert Hoover Dike embankment, at Lake Okeechobee, Florida. Gannett Fleming’s … [Read more...]
Entitlement to arbitration under design agreement. Thomas Zimmer Builders LLC v. Kurt E. Roots and Monika Roots. Court of Appeals of Wisconsin (2018), by Hugh Anderson
Summary: In a residential construction dispute between contractor and homeowners, the homeowners (the Rootses) brought a third-party claim against architect Mark Udvari-Solner. Udvari-Solner moved to compel arbitration, based on the arbitration … [Read more...]
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