Chinese-made drywall is causing off-gassing and corrosion problems in Florida, prompting at least two lawsuits. Powerplant fly ash used in manufacturing the product may be a possible culprit. Photo: AP/Wideworld One major builder has fi led suit over problems apparently caused by Chinese-made drywall. Related Links: Lennar Lawsuit Class Action Complaint The Florida Dept. of Health has received 68 odor complaints from homeowners. Lennar Corp., Miami, on Jan. 30 filed a lawsuit in the Circuit Court of the 11th Judicial Circuit, Miami-Dade County, against several manufacturers, eight suppliers and 12 installers. The suit alleges the manufacturers made deficient and defective
A two-year legal battle that Hyundai Construction Equipment USA Inc. lodged against an independent Michigan dealer has resulted in a legal precedent that could deter machinery importers from bypassing original-equipment manufacturers and their networks of authorized dealers to make an extra profit from selling “gray-market” goods. Photos Courtesy of Hyundai Foreign decals (above) and scratched-out serial plates (below) made the imported machines illegal for sale by an unauthorized dealer. In a memorandum dated Oct. 21 and signed early this year, U.S. District Court Judge Harry D. Leinenweber orders Macomb Township, Mich.-based Chris Johnson to relinquish about $1 million in profits
In the latest chapter in the ongoing tri-state battle over use of the Apalachicola- Chattahoochee-Flint River basin, the U.S. Supreme Court on Jan. 12 rejected a petition by Georgia and declined to review a ruling by the U.S. Court of Appeals for the District of Columbia relating to allocation of Lake Lanier. Negotiations between Florida, Georgia and Alabama over the use of the basin date back to the 1970s and have led to tristate litigation and intervention by the Secretary of the Interior. In February 2008, the federal appeals court struck down a 2003 agreement between the U.S. Army Corps
New Mexico Gov. Bill Richardson (D) has withdrawn from his nomination as Dept. of Commerce Secretary in President-elect Barack Obama’s cabinet. In a Jan. 5 news conference, Richardson stated that an ongoing federal grand jury investigation into a state contract related to Governor Richardson’s Investment Partnership (GRIP) won by Beverly Hills, Calif.-based CDR Financial Products “would have forced an untenable delay in the confirmation process.” The investigation centers around a $1.48-million consulting contract CDR won in 2004 with the New Mexico Finance Authority, a state instrumentality that finances infrastructure projects by providing low-cost funds and technical assistance. CDR was part
Massachusetts Attorney General Martha Coakley on Dec. 17 an-nounced that the state has reached a settlement with Powers Fasteners Inc. regarding the July 10, 2006, Interstate-90 tunnel-plenum collapse that crushed a car and killed a 38-year-old local woman, Milena Del Valle. The tunnel is part of Boston’s $14.6-billion Central Artery/Tunnel project, which was completed in 2005. The collapse of some of the new tunnel’s concrete ceiling panels has been linked to improper use of the Brewster, N.Y-based firm’s fast-set epoxy in the an-choring system. Under the agreement, Powers will stop selling the fast-set epoxy and recall all previous sales. The
Massachusetts Attorney General Martha Coakley announced December 17 that a settlement has been reached with Powers Fasteners, Inc., Brewster, N.Y., regarding the July 10, 2006 Interstate 90 tunnel plenum collapse that killed a 38-year-old local woman, Milena Del Valle. According to the agreement Powers will stop future sales of its fast-set epoxy and recall all previous sales. The firm will also pay a $16 million settlement: $15.5 million will go to a state transportation infrastructure fund and $500,000 to the City of Boston. According to Coakley the deal closes out most civil and criminal matters resulting from the tragedy. In
In a move that construction-machinery dealers are hailing as a victory, Caterpillar Inc. has dropped a federal lawsuit seeking to ban nonauthorized dealers from importing foreign-made, used Cat excavators into North America. Three remaining defendants, Hoss Equipment Co., Worldwide Machinery Inc. and World Tractor and Equipment Co., settled with the Peoria, Ill.-based manufacturer this past summer, one day before it was scheduled to go to trial, sources confirm. Under terms of the settlement, dealers must now address critical safety features such as operation manuals and seat belts within 45 days after importation. Dealers say they have already been doing so.
A beleaguered epoxy supplier has called on the National Transportation Safety Board to correct several adverse findings regarding the July 10, 2006 Interstate 90 tunnel plenum collapse that killed a 38–year–old local woman. NTSB found at a public hearing exactly one year later that the use of fast–set epoxy proven unable to support sustained loads caused the anchor bolts to creep out. NTSB criticized epoxy supplier Powers Fasteners, Inc., Brewster, N.Y., because it "failed to provide the Central Artery/Tunnel project with sufficiently complete, accurate and detailed information about the suitability of the company's fast–set epoxy for sustaining long–term tensile loads."
PODCAST Jack Lemley: Big Dig Report Reaction The National Transportation Safety Board found on July 10 that improper epoxy use, poor or misleading product information and lack of follow-up inspections were the critical factors that led to a fatal Interstate 90 tunnel plenum collapse in Boston last year. The NTSB board unanimously adopted the 171-page report, which includes 20 findings and 20 safety recommendations. In a five-hour meeting, held one year to the day after the collapse, the board determined that the pullout failure of twenty 8-in.-long threaded stainless-steel epoxied bolt anchors precipitated the collapse. Ten precast concrete panels and
BIG DIG The Central Artery/Tunnel project will change the way Boston works, but it cost $14.6-billion. (Photo courtesy of bigdig.com) The Commonwealth of Massachusetts and the Massachusetts Turnpike Authority filed suit March 16 against the joint venture of Bechtel/Parsons Brinckerhoff seeking damages of up to $146 million in connection with its role as project consultant on Bostons $14.6-billion Central Artery/Tunnel project. At particular issue is the escalation in project costs, which went from $2.6 billion in 1982 to the final tally of $14.6 billion. B/PB claims that the charges are without merit. Filed in Suffolk County Superior Court, the civil