NTSB Pittsburgh Bridge Probe Update Sheds Light on Collapse Sequence
June 06, 2022 —
Tom Ichniowski - Engineering News-RecordThe National Transportation Safety Board (NTSB) has issued an update in its investigation of the Jan. 28 collapse of Pittsburgh's Fern Hollow Bridge that provides additional information about how the collapse proceeded, but does not discuss why the accident occurred. That finding of a probable cause isn't expected until sometime in 2023.
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Tom Ichniowski, Engineering News-Record
Mr. Ichniowski may be contacted at ichniowskit@enr.com
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Illinois Earns C- on its 2022 Infrastructure Report Card while Making Strides on Roads and Transit
May 02, 2022 —
American Society of Civil EngineersChicago, Ill. – The Illinois Section of the American Society of Civil Engineers (ASCE) today revealed its 2022 Infrastructure Report Card, giving the state an overall grade of C-. Illinois' civil engineers studied eleven infrastructure categories. Of those eleven, six categories are in mediocre condition, and five categories are in poor condition.
The committee representing more than 2,700 civil engineers across Illinois collected and analyzed data and based its grades on eight criteria, including condition, funding, public safety and resilience. As a major hub for our nation's infrastructure, Illinois has taken considerable steps to improving its transportation and infrastructure networks and several major categories showed improvements – notably transit and roads.
To view the report card and all eleven categories evaluated, visit https://infrastructurereportcard.org/state-item/Illinois/.
ABOUT THE ILLINOIS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS
Civil engineering experts in their respective fields from the Illinois Section of ASCE, with assistance from the Central Illinois Section, Quad Cities Section, and the St. Louis Section, prepared The Report Card for Illinois' Infrastructure. The Report Card is created to educate and advise our elected officials and citizens on the condition of our State's infrastructure using sound engineering evaluation criteria and to provide recommendations on how to raise the grade. Since 1915, the Illinois Section has represented Civil Engineers in America's engineering hub and the organization recently celebrated its Centennial Anniversary. ASCE provides a platform for our members to mentor, learn and teach, which enables us to serve as stewards of infrastructure in our state, nation and throughout the world.
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2015-2016 California Labor & Employment Laws Affecting Construction Industry
October 28, 2015 —
Steven M. Cvitanovic, David A. Harris, & Kristen Lee Price – Haight Brown & Bonesteel LLPEarlier this month, California Governor Jerry Brown signed dozens of bills that affect employers. Many of these bills have special significance to the construction industry. Here is a brief review:
Assembly Bill 219 – Prevailing Wages for Concrete Delivery on Public Projects
AB 219 continues California’s aggressive expansion of prevailing wages. This bill expands the definition of “public works” for purposes of state prevailing wage law to include the hauling or delivery of ready-mixed concrete for a public works project.
Previously, delivery drivers hired by a material supplier were exempted from the prevailing wage. Before AB 219, labor law made a distinction between “suppliers” and “contractors.” Thus, ready-mixed concrete was held to be a finished product, and treated differently from a product that was assembled on site. The new law eliminates this distinction.
Reprinted courtesy of Haight Brown & Bonesteel attorneys
Steven M. Cvitanovic,
David A. Harris and
Kristen Lee Price
Mr. Cvitanovic may be contacted at scvitanovic@hbblaw.com
Mr. Harris may be contacted at dharris@hbblaw.com
Ms. Price may be contacted at kprice@hbblaw.com
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Flint Water Crisis Prompts Call for More Federal Oversight
August 28, 2018 —
Associated Press - Engineering News-RecordWASHINGTON (AP) — A federal watchdog is calling on the Environmental Protection Agency to strengthen its oversight of state drinking water systems nationally and respond more quickly to public health emergencies such as the lead-in-the water crisis in Flint, Michigan .
In a 74-page report released Thursday, the EPA's inspector general report pointed to "oversight lapses" at the federal, state and local levels in the response to Flint's contaminated drinking water.
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Engineering News-RecordENR may be contacted at
ENR.com@bnpmedia.com
Harsh New Time Limits on Construction Defect Claims
April 26, 2011 —
Scott F. Sullan, Esq., Mari K. Perczak, Esq., and Leslie A. Tuft, Esq.A recent Colorado Supreme Court decision, Smith v. Executive Custom Homes, Inc., 230 P.3d 1186 (Colo. 2010), considerably shortens the time limit for bringing many construction defect lawsuits. Homeowners and homeowner associations risk losing the right to seek reimbursement from builders, developers and other construction professionals unless they carefully and quickly act upon discovery of evidence of any potential construction defect.
The Statute of Limitations for Construction Defect Claims
Colorado’s construction defect statute of limitations limits the time for homeowners and homeowners associations to bring lawsuits for construction defects against “construction professionals,” including developers, general contractors, builders, engineers, architects, other design professionals, inspectors and subcontractors. The statute requires homeowners and associations to file suit within two years “after the claim for relief arises.” A claim for relief “arises” when a homeowner or association discovers or reasonably should have discovered the physical manifestation of a construction defect.
The two-year time limitation applies to each construction defect separately, and will begin to run upon the appearance of a “manifestation” of a construction defect (which may include, for example, a condition as simple as a roof leak or drywall cracks), even if the homeowner or association does not know the cause of the apparent problem.
The Smith Opinion and its Effect on the Statute of Limitations
In Smith v. Executive Custom Homes, Inc., the plaintiff homeowner, Mrs. Smith, slipped on ice that had accumulated on her sidewalk because of a leaking gutter and suffered injury. When she first noticed the leak, she reported it to her property manager, who reported it to the builder. The builder attempted to repair the gutter, unbeknownst to Mrs. Smith, and she did not notice further problems until approximately one year after she first observed the leak, when she fell and suffered serious injury. She sued the builder within two years of her injury, but nearly three years after she first learned of the leak.
The Colorado Supreme Court dismissed Mrs. Smith’s claims as untimely and held that under the construction defect statute of limitations, the two-year period for suing for injuries due to construction defects begins when the homeowner first observes the physical manifestation of the defect, even if the resulting injury has not yet occurred. The court acknowledged that this ruling could result in “unfair results,” especially if a serious and unforeseeable injury occurs more than two years after the first time the homeowner noticed the problem, and as a result the victim is unable to seek redress from those responsible for the defect.
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Reprinted courtesy of Scott F. Sullan, Esq., Mari K. Perczak, Esq., and Leslie A. Tuft, Esq. of Sullan2, Sandgrund, Smith & Perczak, P.C., and they can be contacted through their web site.
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Preventing Common Electrical Injuries on the Jobsite
February 03, 2020 —
Kelsey Rzepecki - Construction ExecutiveDespite the overall decrease in electrical workplace fatalities, construction workers remain the most at risk of death from electrical accidents. In 2016, 53% of all fatal electrical injuries were in the construction industry, according to the Bureau of Labor Statistics.
Employers can improve their bottom line by implementing prevention strategies to reduce chances of electrical injuries and create a safer, more efficient jobsite.
What Are the Most Common Electrical Injuries in Construction?
The three types of electrical injuries that occur the most often on construction jobsites are:
- electrocution (such as electric shock and burns) through unintentional contact with high-voltage lines or equipment;
- severe burns or death from explosive gases accidentally ignited by electrical equipment; and
- injuries from falls or from contact with moving equipment after worker experiences a low-voltage electrical shock and can no longer keep balance or physical control of the tools or equipment they have when shocked.
Reprinted courtesy of
Kelsey Rzepecki, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Ms. Rzepecki may be contacted at
krzepecki@graphicproducts.com
Work to Solve the Mental Health Crisis in Construction
September 05, 2022 —
Bruce Morton & Diane Andrea - Construction ExecutiveThe suicide rate for construction is one of the highest among major industries. That statistic is from a 2018 report from the Centers for Disease Control and Prevention. And it’s one major reason why the concern about mental health in the construction industry has grown. Research shows that as many as 90% of all people who die by suicide have a mental health condition. Depression is the most common cause, but other conditions such as substance use disorders may have an impact as well.
What is causing mental health conditions in the construction industry? According to the U.S. Bureau of Labor Statistics, 97% of the U.S. construction industry is male—and men experience the highest rate of suicides. Yet, while the suicide rate for women in construction is lower than that for men in the construction industry, it appears to be much higher than the suicide rate for the general female population. Being “tough” and “strong” are highly valued; acknowledging mental health concerns—or even seeking help—may be considered a sign of weakness. There is often fear of shame and judgment for admitting you have a problem.
In addition, the nature of construction industry jobs may affect mental health. Injuries may cause chronic pain, which can result in substance disorders like opioid use. Seasonal work can result in layoffs, which puts a strain on family relationships and finances. The job is high-stress and the work is deadline-driven. Employees work long hours, potentially resulting in fatigue. Sometimes work is away from home for extended periods. The pandemic has exacerbated every other problem while creating its own.
Reprinted courtesy of
Bruce Morton and Diane Andrea, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Mr. Morton may be contacted at bruce.morton@marshmma.com
Ms. Andrea may be contacted at Diane.Andrea@MarshMMA.com
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Court of Appeals Rules that HOA Lien is not Spurious, Despite Claim that Annexation was Invalid
March 27, 2019 —
Jesse Howard Witt - The Witt Law FirmToday, the Colorado Court of appeals reversed a order that had deemed a homeowner association’s lien to be spurious.
The case arose after a developer approved a property owner’s application to annex additional real estate to a community in 1999. Several years later, the developer repurchased the property through a foreclosure sale. Despite its prior approval of the annexation, the developer refused to pay community maintenance assessments, which prompted the association to record a lien under its covenants and a statutory provision of the Colorado Common Interest Ownership Act (CCIOA).
The parties remained in a standoff until 2016, when the Colorado Supreme Court announced two decisions that adopted a stricter standard for annexing property into communities subject to CCIOA. Relying on this new authority, the developer at Stroh Ranch argued that the 1999 annexation was no longer valid. The district court agreed and declared the association’s lien to be spurious.
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Jesse Howard Witt, Acerbic Witt
Mr. Witt may be contacted at www.witt.law
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