Issue: Official immunity of engineering firm functioning as city engineer. Kariniemi v. City of Rockford. Court of Appeals of Minnesota (2015). Summary: The City of Rockford, Minnesota, retained a private engineering firm, Bonestroo, to act as city engineer. One task was to design storm sewers, retention ponds, and street grading for a new residential development. […]
Continue readingIssue: Interpretation of “substantial completion” with respect to a statute of repose. Horning v. Penrose Plumbing & Heating, Inc. Supreme Court of Wyoming (2014). Summary: Mr. and Mrs. Horning awoke confused and disoriented one January morning. Their condominium unit was extremely cold. Investigation revealed a rupture in the furnace exhaust pipe. The couple had sustained severe […]
Continue readingIssue: Enforceability of limitation and waiver of liability clauses in a teaming agreement, after parties have entered into a subcontract. URS Corp. v. Transpo Group, Inc. United States District Court for the Western District of Washington (2015). Summary: On a design-‐build highway project, the design-‐builder, Flatiron, withheld payment from the lead design firm, URS, asserting […]
Continue readingIssue: Construction Manager as Advisor/Agent—liability for site safety. Hunt Construction Group, Inc., v. Garrett. Indiana Supreme Court (2012). Summary: Construction managers often provide services related to project safety. This case, arising from the construction of Lucas Oil Stadium in Indianapolis, examines whether a substantial set of contractual safety duties exposed the CM to liability to […]
Continue readingIssue: Construction Manager at Risk’s right to rely on drawings and specifications furnished by Owner, under implied warranty of design. Coghlin Electrical Contractors, Inc. v. Gilbane Building Company. Supreme Judicial Court of Massachusetts (2015). Summary: Gilbane was the construction manager at risk (CMAR) on a public hospital project. Coghlin Electrical was a subcontractor to Gilbane. […]
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