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Using Experts to Solve Log Jams in Construction Defect Settlements

[fa icon="calendar'] Oct 17, 2016 9:23:15 AM / by Mark McGivern, CSI, Aff. M. ASCE


It is no secret that construction defect liability claims can become incredibly complicated. When something goes awry after tenants have moved in, the finger pointing game begins. Was it a design flaw or was something installed improperly? Did equipment fail or did the property manager improperly maintain it? Should the construction contractor have realized the engineers made a mistake?   When the stakes become large, which insurance company should be on the hook?

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California passes new laws following Berkeley tragedy

[fa icon="calendar'] Sep 20, 2016 8:22:00 AM / by Adrienne K. Paskind, AIA


Berkeley took center stage in June 2015 when six students died tragically and another seven were injured after a balcony on which they were standing on collapsed.

As a result, the California Senate has passed a new law for the construction industry traced back to Berkeley balcony collapse. The bill was passed after a unanimous vote or 37-0 and is intended to close those accountability gaps by bringing stricter oversight to the construction industry.

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2016 West Coast Casualty Construction Defect Seminar

[fa icon="calendar'] Jun 20, 2016 9:53:49 AM / by Diana Bass

The CCA Group was proud to be the lunch sponsor at the 2016 West Coast Casualty Construction Defect Seminar.  As always, it was a great opportunity to discuss all of the latest trends, new ideas and best practices, as well as network with many leaders in our field. 

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Top Builder to Pay for Condo Defense

[fa icon="calendar'] Jun 6, 2016 10:00:00 AM / by Mark McGivern, CSI, Aff. M. ASCE

The verdict is in! After many years and a 38-day trial a Florida six-person jury has ordered one of America's largest home builders to pay up to $9.6 million in damages. This amount is due to alleged defective stucco, roofs, and windows in a 240-unit complex located in Jacksonville, a recent Durability and Design article explains



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Construction defect reform in Colorado

[fa icon="calendar'] Mar 28, 2016 7:30:00 AM / by Kenneth R Quigley, PE

Working since January on their fourth attempt at passing construction defect reform legislation, Colorado state lawmakers are still having difficulty passing any meaningful reform. First reported in January by The Denver Post, builders are hesitant to start new projects in the state - leading to a lack of condo units available for purchase, and no new condo project applications. 

"Reform proponents blame Colorado's construction-defects law for the condo shortage, saying the law makes it too easy for homeowners to sue over cracked foundations, leaky windows and other structural problems.

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No Express Misrepresentation Needed To Assert A Negligent Misrepresentation Claim Against A Design Professional in PA

[fa icon="calendar'] Feb 29, 2016 3:20:44 PM / by Gaetano P. Piccirilli And Zachary D. Sanders, With Commentary By Kenneth R. Quigley, PE

Guest Post
By: Gaetano P. Piccirilli and Zachary D. Sanders

In construction claims, Pennsylvania's economic loss doctrine generally bars tort claims against parties to which the contractor has no privity of contract and has suffered only economic harm - i.e. lost profits, delay damages, etc. Until 2005, the economic loss doctrine prevented contractors and subcontractors from suing an owner's design professional directly for economic losses resulting from defective designs. In 2005, the Pennsylvania Supreme Court, in Bilt-Rite Contractors, Inc. v. The Architectural Studio, held that a design professional may be liable for economic losses to a contractor or subcontractor under a negligent misrepresentation theory in situations "where it is foreseeable that the [design documents would] be used and relied upon by third persons, even if the third parties have no direct contractual relationship with the supplier of information."

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Ice Arena Improvements

[fa icon="calendar'] Jan 20, 2016 4:47:06 PM / by Adrienne K. Paskind, AIA

Over time, all buildings will exhibit wearing of components requiring assessment for replacement and/or upgrading. As ice arenas start to age, there are a number of improvements that ice facility managers can schedule for their buildings. From new roofs to window glazing replacement, renovation of entries, bathrooms, and lobbies for accessibility compliance, these updates will not only improve the users’ building experience, but will also save on operating costs by creating more energy efficient spaces. There are many benefits of upgrading and maintaining a well managed rink facility. These upgrades increase opportunities for hosting school team sports or local community sports at large. Well maintained ice arenas contribute to the well being of participants as well as observers.

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Flood protection design and construction since Katrina

[fa icon="calendar'] Nov 5, 2015 12:51:08 PM / by Kenneth R Quigley, PE

In the wake of the 10th anniversary of Hurricane Katrina earlier this year, Engineering News-Record reported on the current state of the flood protection system in place, and the changes that have been made since the storm.

"The fact that floodwalls around New Orleans were designed to be overtopped but remain standing says much about the post-Katrina hurricane-protection system that rings the city—and about the risks that those who live within that system still face.

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Importance of a safety culture on job sites

[fa icon="calendar'] Sep 28, 2015 1:17:58 PM / by Kenneth R Quigley, PE

A culture of safety does more than just protect your firm from law suits and protect your employees from injuries. A recent article from Engineering News-Record states that it actually helps productivity, job quality and increased return on investment.  

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A San Francisco hospital is using a unique substance to prepare for earthquakes

[fa icon="calendar'] Sep 18, 2015 12:21:40 PM / by Kenneth R Quigley, PE

As reported by CityLab last week, a San Francisco hospital is the first to use a unique substance to protect itself from possible future earthquake damage. The 7-foot wide wall panels made of "goo" are embedded throughout the structure to act like a shock absorber for the building.

"It has the consistency of chewing gum, the San Francisco Chronicle reports, and could keep the 15-story California Pacific Medical Center standing and fully operational during an event as big as the 1906 earthquake, which registered a magnitude of 7.8. The hospital, located about 7 miles from the San Andreas fault line, is the first building in the U.S. to use such technology.

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