Will Claims By Contractors on Big Design-Build Projects Ever End?
ENR Construction
FEBRUARY 8, 2023
Progressive design-build may be part of the solution to avoiding losses, claims and litigation.
Renewable Energy Claim is Deceptive
Green Building Law Update
MARCH 4, 2018
But it is suggested that the Federal Trade Commission’s Green Guides, designed to help marketers avoid making environmental marketing claims that are unfair or deceptive under Section 5 of the FTC Act, 15 U.S.C. § The claim would not be deceptive if the marketer clearly and prominently disclosed all renewable energy sources.
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Report: More Developed Design Key to Limiting Claims and Disputes on Projects Worldwide
ENR Construction
NOVEMBER 1, 2023
A database of 1,801 projects informs an annual report on claims and disputes.
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With Big Claims, Designer Insurance Costs Can Only Go Up
ENR Construction
FEBRUARY 25, 2022
More than half of insurers surveyed in new study by broker Ames & Gough report claim severity was worse in 2021 than the prior year, with half saying they raised premiums 6% to more than 10%.
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I Lived It: Litigator Provides His Perspective on Solar Warranty Claims
Constructlaw
FEBRUARY 29, 2024
This article explores practical steps a solar array owner or operator can take now to better position itself to make warranty-related claims five, 10 or even 25 years into the future. Reposted from Solar Power World with permission. The first is simple: Read the warranty exclusions.
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You Can’t Treat Construction Claims Like Your Grandkids
Best Practices Construction Law
JUNE 16, 2022
The contract was a design-build contract. As is typical of a design-build contract, no unit prices for rock excavation were set for because the contractor’s foundation solution is not established at the time of award. The contracting officer denied the claim, and the contractor appealed. In the end, reasonableness matters.
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FTC Settles Charges Over Deceptive Zero VOC Claims
Green Building Law Update
JULY 23, 2017
Some promotions also made explicit safety claims. The FTC alleged, the company had no evidence to support those claims. YOLO Colorhouse, LLC , and Imperial Paints, LLC , have agreed to consent orders that would bar them from making unqualified VOC free and emission free claims. The four companies, Benjamin Moore & Co.,
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4 key innovations and construction trends across airport design
BD+C
DECEMBER 4, 2023
4 key innovations and construction trends across airport design 0 qpurcell Mon, 12/04/2023 - 10:04 Airports Here are some of the key trends Skanska is seeing in the aviation sector, from congestion solutions to sustainability. Skanska teams modernized baggage claim carousels and installed a new oversized baggage elevator.
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AECOM sues insurance carrier for payment of COVID-19 property damage claims
BD+C
JANUARY 27, 2021
AECOM is suing Zurich American Insurance alleging that the carrier’s “all-risk” policies should include claims for losses due to the impact of COVID-19. The design firm alleges that Zurich refused to pay coronavirus-related claims when such coverage was not specifically excluded in AECOM's “all-risk” property insurance policies.
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Are Design-Building 'Problems' Really Overall Inherited Construction Industry Woes?
ENR Construction
JUNE 15, 2023
An insurer claims manager told a risk conference audience four years ago that “in case you’ve been on another planet, there have been hundreds of design-build lawsuits.”
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Do Not Sell the RECs and Claim the Building Uses Renewable Energy
Green Building Law Update
MARCH 10, 2014
Owners of buildings that generate onsite renewable energy, with solar panels or otherwise, and sell the renewable energy credits (RECs) should not claim the building “uses renewable energy.” The FTC, however, can take action under the Act if a marketer makes an environmental claim inconsistent with the Guides.
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Maryland HVAC contractor settles equal-pay suit for $210K
Construction Dive
MAY 15, 2023
An Equal Employment Opportunity Commission lawsuit claimed Mechanical Design Systems paid a woman project manager half as much as men.
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Gov. Cuomo signs NYC design-build legislation
Construction Dive
JANUARY 2, 2020
City officials have long claimed that using design-build for public works and other projects could save the city time and money.
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Bargaining Room v. False Claims: 5 Tips for Negotiation of Construction Claims
Best Practices Construction Law
MAY 7, 2014
Earlier this week, a settlement was reached in dispute where the contractor and designer were alleged to have filed false claims with the U.S. The issue raises an important question: What should a contractor do during negotiations to allow for some “bargaining room” so as to avoid any appearance of filing a false claim?
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Designing Highly-Sustainable Buildings
Natural Building
NOVEMBER 16, 2021
Earlier this month I participated in a webinar titled Designing Highly-Sustainable Buildings featuring the Sketchup software team, along with Sefaira, a plugin that calculates various aspects of energy use pertaining to the design. And he justified the net zero designation with the addition of PV arrays for electricity.
Wynn alleges Resorts World Las Vegas 'pirated' iconic design
Construction Dive
JANUARY 2, 2019
The lawsuit claims Resorts World is capitalizing on the "Wynn Design" for the $4 billion Chinese-themed destination it's building near iconic Wynn properties.
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Courthouse Reporter Series: The Bizarre Case That Required a 117-Year-Old Expert
Constructlaw
NOVEMBER 28, 2023
Munro involved a dispute over the design of a Georgia intersection. The plaintiff alleged that the defendant improperly designed the intersection, never corrected that improper design, and failed to properly maintain the intersection. The Munros’ claims had to fit within a statutory exception to sovereign immunity.
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Identification and Notification: Key To Construction Claims Success
Construction Dive
SEPTEMBER 29, 2016
By Patti Wysocki Construction claims and changes are the bane of all construction projects. For any number of reasons, scope changes, design conflicts, changed conditions, severe weather, late submittals or late approvals, and potential change orders can be a daily occurrence on complex projects, and sometimes lead to claims.
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Design Firm Cowi Quits 'Risky' Mid-East, Africa Markets
ENR Construction
MARCH 3, 2022
Danish engineer says it will complete arbitration of claim against Oman in consulting dispute related to work on Muscat International Airport.
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Lawsuits Fly at Seattle-Tacoma International Airport
ENR Construction
APRIL 10, 2023
The airport is suing design-build team led by Clark Construction, claiming the $1-billion terminal can only accommodate 16 wide-body aircraft instead of 20, as included in the project's design.
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Should Subcontractor Claims Be Decided Out-Of-State?
Construction Dive
OCTOBER 22, 2015
One way they utilize this advantage is to specify the forum and governing law for any claim or dispute under the subcontract. Although the project and the subcontractor may be located in one state, the subcontract may require litigation in the prime contractor’s home state. This is costly and inconvenient for the sub.
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Five Questions to Answer Before Submitting a Claim for Increased Material Costs
Best Practices Construction Law
MAY 24, 2013
Not that I treat every marital conversation like a construction claim, but I do find myself grilling my wife about these increased costs and whether they are justified. Contractors should be concerned about the same level of grilling (or review) when submitting a claim. Image: Beverly Cromer.
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Slow as a Turtle? “No Damages For Delay” Clause Inapplicable to Contractor’s Claim Against Architect
Best Practices Construction Law
SEPTEMBER 5, 2018
When the construction project was delayed, the general contractor filed suit against the numerous designers, architects, engineers and subconsultants. The clause read as follows: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein.
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Disney Dad Reports About New Limitations Period for Construction Claims in Florida
Best Practices Construction Law
JANUARY 25, 2018
This includes construction claims and clarifies when the limitations period begins to run. Well, as with most business owners and professionals like you, this Disney Dad likes clarity in order to avoid disputes, whether you are talking about fixing a construction defect, pursing a construction claim, or mitigating losses.
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59 Jacobs Engineering tops ENR's 2019 design firm rankings
Construction Dive
MAY 1, 2019
For the second year in a row, a shifting M&A landscape saw the AEC powerhouse claim the top spot. A collective $101 billion in revenue suggests the market will be strong for years to come.
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Keys to Prevent Disputes During the Design & Bid Phase
Construction Dive
MAY 25, 2017
Claims do not magically appear during construction. The seeds of many disputes and many claims are planted prior to contract execution – as defective or incomplete design, a design that is not conforming to owner’s needs -- all are in the documents that go out to bid. Read more.
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Are Construction Dispute Claims by the State Ever Time Barred? Depends.
Best Practices Construction Law
MAY 12, 2014
I recently learned that these principles may not apply to a public owner’s claims against design professionals and contractors. For example, in Tennessee, claims regarding improvements to real property must be brought within four years of substantial completion of the project, regardless of the date of discovery.
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Zero Waste in an Era of Net Zero Everything
Green Building Law Update
FEBRUARY 26, 2022
Despite that the Zero Waste movement peaked in about 1998, in the modern context of Net Zero from Net Zero Energy to Net Zero Carbon, we are today with surprising frequency asked about a business being able to claim it is Zero Waste. No company should claim to be Zero Waste. There is a lot of waste out there. But it is not easy.
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What Is the Primary Reason for Construction Claims?
Construction Dive
DECEMBER 11, 2013
What is the most common reason for construction claims? Is it design consultants always trying to protect their designs? During “Empowering the Project Team to Successfully Avoid Claims,” a webinar that WPL Publishing held last week, presenter and Trauner Consulting Services Inc. Principal J.
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Chicago Architectural Firm Sued For One World Trade Center Design
Construction Equipment
JUNE 19, 2017
A former Korean grad student of the Illinois Institute of Technology, Jeehoon Park, filed suit against Skidmore, Owings and Merrill (SOM) last week for allegedly copying his master's thesis project design and using it as the basis for the new One World Trade Center building in New York.
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72 #134: 30-Day Accountings for Subcontractor/Supplier Mechanic’s Liens
NH Construction Law
MARCH 28, 2024
The reason is not hard to fathom: under the statute “the owner is to hold back from the principal contractor the amount due the sub-contractor” to pay such claims, Cudworth v. 536, 537 (1898), and owners need to know the amount of those claims in order to do so intelligently. Bostwick , 69 N.H.
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JOB ORDER CONTRACT Legal Issue – LOS ANGELES UNIFIED SCHOOL DISTRICT, v. TORRES CONSTRUCTION CORP. et al.,
Job Order Contracting
FEBRUARY 28, 2021
LAUSD prevailed on its claims for breach of contract and was awarded $3,941,829 in damages. LOS ANGELES UNIFIED SCHOOL DISTRICT (LAUSD filed a complaint against an awarded JOC contractor for breach of contract concerning cafeteria renovations. Download Case Filing.
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159 Should Labor Always Have a Priority Claim to Funds?
Construction Dive
JULY 23, 2015
Laborers, living paycheck to paycheck, are granted priority claims to the contract proceeds. Mechanic’s liens, while primarily utilized today by corporate constructors, were originally designed to provide payment security to individual tradesmen.
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General Liability vs. Professional Liability: What’s the Difference?
Levelset
SEPTEMBER 8, 2022
When it comes to protecting your contracting business from claims and lawsuits, it can be tough to know what type of insurance you should purchase. Liability insurance protects your business against claims for damages caused by you and your workers, if you have any. What are general liability and professional liability insurance?
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First three year strategic plan from Building Safety Regulator published
Construction Law
DECEMBER 1, 2023
The Building Safety Regulator’s (BSR) first strategic plan - a requirement of the Building Safety Act 2022 - has been published, claiming that its impact on high rise building design can already be seen. To read more of this and every other news story on this site, please log in with your Construction Law membership account details.
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COVID-conscious, pandemic-ready skyscraper breaks ground in Miami
BD+C
AUGUST 19, 2021
Legacy Tower at Miami Worldcenter, designed by Kobi Karp, has officially broken ground. The developer claims the project is the first of its kind in the world. Legacy Tower is a 55-story, $500 million skyscraper that will stretch 600 feet into the sky.
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Virtue signallers beware
Construction Law
DECEMBER 2, 2022
The next thing you might be contacting your lawyer about could be your potentially over-inflated sustainability claims. Virtue signalling by ‘greenwashing’ could end up being more expensive than taking the measures you have wrongly claimed to. Those projects failing to meet these criteria may struggle to access financing.
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COVID-19 Claims John LaPlante, 80, Chicago's First DOT Commissioner
ENR Construction
MARCH 23, 2020
Engineer, also a former manager for design firm T.Y. Lin, died March 22 from his non-industry related infection.
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Should Design Professionals Be Guarantors of Code-Compliant Design?
Construction Dive
APRIL 9, 2014
By Bruce Jervis Architectural and engineering service agreements commonly call for the design professional to deliver design documents that comply with all applicable building codes. Is this something different from or more than the customary duty to exercise professional due care? It is a question few pause to ask.
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52 Engineer Claims Facebook Stole Data-Center System Design
ENR Construction
APRIL 3, 2015
The social media company used the modular construction methods and then made them public, the engineer claims. Business Management'
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Dissecting code language updates to lightning protection systems
Construction Specifier
OCTOBER 9, 2023
In 2018 (latest data available), insurance companies paid nearly $1 billion in lightning-related claims to some 78,000 policy holders, according to the Lightning Protection Institute (LPI). In addition, approximately 3 to 5 percent of all commercial insurance claims involve lightning, which is a reliably preventable issue.
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The continent’s tallest living wall could soon sprout in Dallas
BD+C
APRIL 17, 2020
A 26-story, 319,000-sf residential tower planned for downtown Dallas will, when completed, include what its developer claims is the tallest living wall in North America.
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Clark settles $5M The Wharf DC lawsuit with Perkins Eastman for undisclosed amount
Construction Dive
MARCH 6, 2020
billion development sued the architecture firm for design flaws in 2018 and the latter retaliated with a claim about not being paid. The general contractor for Phase 1 of the $2.5 Clark says the pair are now ready to work together again.
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Consultant Offers Advice on Granting Time Extensions, Avoiding Claims
Construction Dive
NOVEMBER 18, 2012
” That was a key piece of advice -- “a basic rule for contract administration” -- an expert in construction claims avoidance and resolution gave last week during a WPL Publishing webinar. “Don’t wait to give time extensions; give them when they’re due.” Read more.
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