quote:
The city-parish has accused the architects for the $19 million downtown River Center Branch Library of performing inadequate work and poor project management leading to structural failures that halted construction eight months ago in fear of possible collapse.

quote:
The list of accusations the city-parish makes in the lawsuit against WHLC, Schwartz/Silver and Buquet & LeBlanc includes breach of contract, negligence and misrepresentation. The lawsuit asserts WHLC and Schwartz/Silver failed to detect the flaws in their design pertaining to the structural steel and joint bracings that were supposed to adequately support the cantilever. The suit also claims insurers for the architect firms refused to compensate the city-parish for the time and costs incurred as a result of the construction problems.

quote:
The lawsuit, filed in 19th Judicial District Court, has been assigned to Judge William Morvant.

sounds like they are laying the blame on the design team explicitly, but they are also suing the GC, for what is not clear

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Posted by udtiger

Over your left shoulder

Member since Nov 2006

117112 posts

Posted on 12/3/18 at 4:34 pm to cgrand

Best judge to weed through this clusterfrick.

Not a slam dunk for the C-P like some others would have been.

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Posted by dixiechick

Member since Sep 2017

918 posts

Posted on 12/3/18 at 5:43 pm to cgrand

(no message)

This post was edited on 10/1/20 at 9:57 am

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Posted by Ed Osteen

Member since Oct 2007

59343 posts

Posted on 12/3/18 at 5:53 pm to PiscesTiger

quote:
not understand the need for libraries all over BR. I never visit a library anymore. Why would I? I can order offline or on some device. So could you all. Why would I want to hang out in a building with God only knows who? But why would anyone want to spend millions on something that will not pay off in return? What are they thinking?

Love when people talk of their arse, especially when they are upset over something like a community fricking library.

You should check out the Independece Library but you will likely just Bitch about it on the internet instead

This post was edited on 12/3/18 at 5:56 pm

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Posted by elprez00

Hammond, LA

Member since Sep 2011

31624 posts

Posted on 12/3/18 at 6:00 pm to cgrand

quote:
sounds like they are laying the blame on the design team explicitly,

Which barring negligence is where it should be. GCs don’t have the letters behind titles (or insurances) to dictate design. Basically you “build what the picture shows.”

quote:
they are also suing the GC, for what is not clear

Because for something like this you sue everyone

It’s not uncommon.

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Posted by cgrand

HAMMOND

Member since Oct 2009

50765 posts

Posted on 12/3/18 at 6:10 pm to elprez00

quote:
Which barring negligence is where it should be. GCs don’t have the letters behind titles (or insurances) to dictate design. Basically you “build what the picture shows.”

unless you don't, which means you could be liable under your GL which very much would cover that. nobody has ever said the GC dictated design here...either the design was flawed or it wasnt

the GC is clearly asserting that is was flawed, and it appears that the C-P attorneys agree. it makes little sense then to include the GC as a defendant in the suit, unless they plan to compel them to testify as a hostile witness

speaking personally, as the GC here if i were being sued for breach of contract over a design flaw, i would be telling my lawyers to get me out of this project as quickly as possible, and let the suit proceed without me (while keeping my monetary claim for work completed and remediation costs outstanding open)

This post was edited on 12/3/18 at 6:14 pm

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Posted by elprez00

Hammond, LA

Member since Sep 2011

31624 posts

Posted on 12/3/18 at 9:08 pm to cgrand

quote:
unless you don't, which means you could be liable under your GL which very much would cover that.

Which is why I said “barring negligence”

quote:
the GC is clearly asserting that is was flawed, and it appears that the C-P attorneys agree. it makes little sense then to include the GC as a defendant in the suit, unless they plan to compel them to testify as a hostile witness

Having personal experience working for a GC for over a decade I can tell you that any time legal matters are involved everyone is getting sued no matter how clear cut the responsibility is. Easier to name everyone and excuse later than add people to the suit.

quote:
speaking personally, as the GC here if i were being sued for breach of contract over a design flaw, i would be telling my lawyers to get me out of this project as quickly as possible, and let the suit proceed without me (while keeping my monetary claim for work completed and remediation costs outstanding open)

You can’t take it personally bro. Everyone gets sued. If you pull out of a job like this the reputation damage alone would pretty much put you out of business not to mention your bonding company would call the performance bond severely damaging your bonding capacity. No bonds = no bids = no work.

It’s how the game is played especially in a litigious state like Louisiana.

This post was edited on 12/3/18 at 9:09 pm

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