Summary: DVO Inc. (formerly GHD) is in the business of designing and constructing anaerobic digesters, which use microorganisms to break down materials in the absence of oxygen. This creates biogas, which can be used to generate electricity. DVO … [Read more...]
Interpretation of ambiguous drywall finishing specifications. Appeal of KiewitPhelps. Armed Services Board of Contract Appeals (2019), by Hugh Anderson
Summary: The U.S. Army Corps of Engineers and KiewitPhelps (a joint venture) entered into a $524 million contract for construction of a new facility for the U.S. Strategic Command at Offutt Air Force Base near Omaha, Nebraska. The drywall work was … [Read more...]
Contractor’s contractual indemnification obligation to project’s architect/engineer. Valdez v. Turner Construction Co. Appellate Division of the Supreme Court of New York (2019), by Hugh Anderson
Summary: The Dormitory Authority of the State of New York retained Skidmore Owings and Merrill (SOM) as architect and construction manager. SOM subcontracted the construction management to Turner Construction Company. The owner separately contracted … [Read more...]
Engineering firm’s exposure to liability to low bidder that did not receive the award of contract. John Rocchio Corp. v. Pare Engineering. Supreme Court of Rhode Island (2019), by Hugh Anderson
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...]
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