MEC&F Expert Engineers

Friday, June 1, 2018

It’s important that all construction companies have a written hurricane preparation and site safety plan to reduce the risk of unnecessary damage






For builders the weather plays a major role in any construction plan.

If you have not already done so, now is the time to put a hurricane safety plan into place for any construction site.

Having a clear strategy ready to go reduces the risk of unnecessary damage, helps prevent injuries on the site and gives you peace of mind.

Let’s start with the basics.

A hurricane watch is issued when a storm is expected to arrive within 48 hours, and a warning is issued when tropical storm conditions are within 36 hours.

When a hurricane watch is announced, it’s time to put your plan in place and prepare the construction site.

Steps for creating a contingency plan

The first step is to create a checklist for areas and equipment in need of protection. This list will most likely include tools, heavy equipment, generators, fuel tanks, portable toilets and other materials that cannot be moved to an inside location. Be sure each item on the check list is assigned to a specific member of the team and take time to review the checklist prior to any potential threats.

Your contingency plan should also include a communications piece. In addition to notifying your on-site team, subcontractors should be notified that the site is halting all work until further notice.


Planning for large amounts of water is key to any plan.

Heavy rains and flooding are leading causes of damage to construction sites.

It is imperative that any construction site is equipped with permanent and temporary drainage systems to maintain the structural stability of the area.

If there are vehicles on the site, they should be moved to higher ground and away from structures that could be damaged. Plus, consider filling the tanks on these vehicles prior to any hurricane or storm.

One of the last but most crucial steps is to turn off access points for all utilities. Now is also the time to remove any project documents from the construction trailer and secure them to an offsite location. As you leave the site, snap a few photos on your phone for future reference. These may come in handy if any items are missing or damaged after the fact.

After effects

Any good contingency plan will include necessary steps for clean-up and getting back in business after a hurricane.


Once you return to the site, assess and document any damage, giving special attention to downed power lines, unstable structures or wet electrical panels. Items to have on hand include cleaning supplies and fuel for vehicles. Finally contact the appropriate utilities and contact your insurance carrier for any assessment needs.

It’s important that all construction companies have a written hurricane preparation plan. Ideally, the plan will be detailed with specific assignments and action deadlines.

And during hurricane season, be sure to monitor the weather on a regular basis.

This type of preparation does require added cost, effort and time but can be extremely valuable in the long run and may be your best investment. If construction managers follow these outlined steps and provide clear communication, any site will be up and running considerably quicker and suffer much less loss.


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Preparing Your Construction Site for Severe Weather


Property damage from severe weather events can add both cost and time to a project. While it’s not possible to fully predict and react in a timely fashion to strong winds and storms, a documented and practiced contingency plan can help contractors prepare for the unexpected. Protect your site and project timeline by evaluating site-specific risks, properly securing materials and equipment and anticipating alternate construction plans.

Wind Hazards

Wind damage to structures under construction leads to millions of dollars in damages and delays every year.1 At construction sites, wind damage primarily involves masonry walls, framework, forms and roof coverings. Evaluate your site’s wind exposures to eliminate or significantly reduce the risk of damage or delay.
  • Brace building components. Tilt-up panels, masonry walls and other building components should be braced and inspected according to engineering design or recommended manufacturer guidelines. Anchor roof panels on partially installed roofs, weld or secure decking each day, and consider covering large wall openings with tarp until windows, doors or glass curtain walls are installed.
  • Properly store and handle materials for windy conditions. Loose materials such as sand, topsoil and mulch may need to be covered with a tarp or sprayed with water to prevent erosion. Erecting temporary windbreaks also can help keep the stockpile from being blown from the job site. It is also important to secure larger materials (e.g. metal sheeting or plywood), which could become projectiles and cause additional damage. Closely follow crane manufacturers’ guidelines for when operations should cease, and secure all other equipment from impending weather events.

Hurricanes

Hurricanes can be destructive, but they can also be anticipated, which allows time for planning and preparation. If your job site is located in an area subject to hurricanes, have it surveyed to determine the potential exposure to high winds and flooding. Create a hurricane contingency plan to help prevent loss to the job site due to winds, flooding, mud deposition and theft.
  • Develop a preparedness checklist. Identify areas in need of protection, such as the field office trailer equipment files, tools, heavy equipment, generators, compressors, welding machines, cranes, cranes on barges, tugs, work boats, fuel tanks, permanent materials and forms.
  • Have a relocation plan. If the job involves work on or near bodies of water, make plans to relocate or protect all equipment and watercraft, including tugs and barges. Account for the amount of time it would take to complete any relocation.
  • Secure the necessary supplies in advance. When a tropical storm has been identified by the National Weather Service, make sure tie-downs, banding material, blocking, anchors and other necessary protection supplies are available and organized.
  • During a hurricane watch, prepare to take action. The project superintendent should review the preparedness checklist, formulate a plan to protect the job site, identify items to secure and consider moving material and equipment to higher, protected ground.
  • In a hurricane warning, prepare for the potential for hurricane-force winds within 24 hours. The project superintendent may need to implement all protection measures.
  • When landfall is predicted in the area of the job site within 24 hours, suspend all work activities. Complete the hurricane plan by assigning staff and timetables for completion and evacuate all personnel.
  • After the storm has passed, assess damage, take steps to prevent theft and begin clean up. Hazards may include unstable structures, downed power lines that may still be energized, and wet or damaged electrical panels. Secure the site, including any equipment or materials being permanently installed, and assess and document damage. Notify appropriate utilities and contact your insurance carrier for damage assessment.

Heavy Rain and Water Damage

Water is one of the leading causes of damage to buildings under construction. Heavy rains can flood a site when drainage systems aren’t complete. These same rains can enter the exterior building envelope through unfinished window and door openings. If roof drains are obstructed, the rising water may find another drain path or try to settle across a level surface.
  • Identify potential for flood and evaluate site drainage. Permanent and temporary drainage systems should be installed, maintained and inspected to ensure they are free of obstructions in the event of heavy rains or flooding. Delay installation of high-value subgrade equipment, such as electrical switchgear, until drainage systems are in place and operational.
  • Avoid installing finished product, such as drywall, flooring, millwork, etc., until window and door openings are closed, roof is secured and the building is watertight. Use temporary coverings if necessary to protect finished work. 
  • The location and construction of temporary roofs should be part of the construction planning process or where installation of the permanent roof is delayed.
  • Have a site-specific plan in place, including emergency response, clean-up kit and trained personnel, to assist with mitigating the damage.

Thursday, May 31, 2018

Stare Farm Auto Accused of Racketeering by Paying $4 Million Dollars to Trial Judge Lloyd Karmeier Campaign to Influence His Vote to Prevent Paying Policyholders $1.05 billion dollar judgement


Stare Farm Auto Accused of Racketeering by Paying $4 Million Dollars to Judge's Campaign to Influence His Vote to Prevent Paying Policyholders

Friday, May 25, 2018 - 12:35 Updated 5 days ago by Tony E. Rutherford, News Editor


State Farm policyholders are receiving notifications via postcard of an upcoming trial that may allow them to recover for alleged actions and/or conduct by the company to influence actions by the Illinois Supreme Court by providing $4 million dollars to the campaign.


The underlying class action complaint comes from Illinois in which a jury awarded over a billion dollars to policyholders. However, the company and others named "created and conducted a RICO (Racketeer Influence and Corrupt Organization) enterprise to evade paying the $1.05 billion dollar judgement to 4.7 million State Farm policy holders," according to the federal court complaint. ( Mark Hale, et. al. v State Farm Mutual Auto Insurance Company, 12-cv-00660)

According to the class action, State Farm provided money to support two Illinois Supreme Court candidates in an attempt to overturn the judgment:

"From the fall of 2003 until November 2004, Trial Judge Lloyd Karmeier (“Karmeier”) and Appellate Judge Gordon Maag waged a judicial campaign for a vacant seat on the Illinois Supreme Court, ultimately resulting in Karmeier’s election. In January 2005, having received reliable information that State Farm had exerted financial and political influence to achieve Karmeier’s election, the Avery plaintiffs moved to disqualify Karmeier him from participating in the appeal of the Avery Action." (Complaint available below via PDF)

"Plaintiffs’ motion was denied, and on August 18, 2005, with now-Justice Karmeier participating in the Court’s deliberations and casting his vote in State Farm’s favor, the Illinois Supreme Court issued a decision overturning the $1.05 billion judgment. See Avery v. State Farm Mut. Auto. Ins. Co., 216 Ill.2d 100, 835 N.E.2d 801 (Ill. 2005). (A true copy of this decision is attached hereto as Exhibit “B”).



9. In December 2010, spurred in part by a recent United States Supreme Court decision vacating a West Virginia Supreme Court ruling in a case which featured similar facts, i.e., involving a party’s political and financial influence to elect a justice whose vote it sought for its appeal, Plaintiffs’ counsel launched an investigation into State Farm’s covert involvement in the Karmeier campaign. The investigation, led by a retired FBI Special Agent, uncovered evidence that to gain reversal of the $1.05 billion judgment in the Avery Action, State Farm - acting through Murnane, Shepherd and the Illinois Civil Justice League (“ICJL”) - recruited Karmeier, directed his campaign, had developed a vast network of contributors and funneled as much as $4 million to the campaign. Then, after achieving Karmeier’s election, State Farm deliberately concealed all of this from the Illinois Supreme Court while its appeal was pending.

10. On September 9, 2011, based on information uncovered in the Reece investigation, the Avery plaintiffs petitioned the Illinois Supreme Court to vacate its decision overturning the $1.05 billion judgment. Responding on September 19, 2011, State Farm again deliberately misrepresented its role in directing and financing Karmeier’s campaign. On November 17, 2011, the Illinois Supreme Court denied Plaintiffs’ petition, without comment.

The current plaintiffs claims are:

"... are typical of the claims of the Class, as required by Rule 23(a)(3), in that Plaintiffs are persons or entities who, like all Class members, were members of the certified class in the Avery Action and “were insured by a vehicle casualty insurance policy issued by State Farm” and “made a claim for vehicle repairs pursuant to their policy and had non-factory authorized and/or non-OEM (Original Equipment Manufacturer) ‘crash parts’ installed on their vehicles or else received monetary compensation determined in relation to the cost of such parts.” Plaintiffs, like all Class members, have been damaged by Defendants’ misconduct, in that, among other things, they have lost the value and benefit of the $1.05 billion judgment entered against State Farm by the Illinois Appellate Court on April 5, 2001 as a direct result of Defendants’ continuing pattern of fraudulent conduct."

The case has been rendered "different" than the original Avery complaint:

"Avery was about State Farm’s failure to equip its insureds’ vehicles with proper replacement parts and this case is about State Farm’s alleged conduct in secretly recruiting Judge Karmeier, covertly funneling millions of dollars to support Judge Karmeier’s campaign and concealing and misrepresenting the degree and nature of its support of Justice Karmeier."

Policy holders receiving notification have an opportunity to "opt out" of the pending litigation. By opting out, a policy holder would retain their individual right to separately sue State Farm for compensation.

Since this case is set for trial in September 2018 , should the defendants (State Farm, et. al.) prevail in the class action those who did not opt out would lose their right to sure. On the other hand, should the company lose the litigation, those opting in would be eligible for compensation that could be awarded by the federal jury.

In brief, the firm failed to compensate policy holders in 48 states for breach of contract involving automobile replacement parts:

"Plaintiffs in the Avery Action filed their class action complaint in July 1997. At trial, a Williamson County jury found that State Farm had breached its contracts with 4.7 million policyholders in 48 states by specifying the use of inferior non OEM parts."

To view full complaint:

http://www.halevstatefarmclassaction.com/Content/Documents/First%20Ammen...



Policy holders receiving a postcard notification should visit:

http://www.haleystatefarmclassaction.com

and carefully read these documents:

http://www.halevstatefarmclassaction.com/Home/Documents





CURRENT CLASS ACTION CLARIFICATION (73.89 KB)
POSTCARD NOTICE (78.25 KB)
LONG FORM NOTICE (934.61 KB)
JUDGE REFUSES TO IMPOSE AT PRESENT 'CRIME FRAUD' EXCEPTION TO PRIVILEGED COMMUNICATIONS (169.19 KB)
DENIAL OF STATE FARM MOTION TO DISMISS, UPHOLDING RICO CLAIMS (169.19 KB)
PRIOR JUDGMENT TAINTED BY POLITICS PREVENTING DUE PROCESS (123.81 KB)

Pilot Ken Johansen died after he crashed his GEICO Skytypers plane in Suffolk County on Long Island. The plane was one of the GEICO Skytypers that flew at the Bethpage Air Show at Jones Beach State Park over Memorial Day weekend.













Wednesday, May 30, 2018
MELVILLE, Suffolk County (WABC) -- 


A small vintage plane crashed in Suffolk County on Long Island Wednesday afternoon, killing the pilot.

Authorities said the pilot, identified as Ken Johansen, was the only one on board the small plane that crashed at 1:52 p.m. along Northcote Drive in Melville.
Ken Johansen was a graduate of the U.S. Naval Academy, a Naval aviator and a professional airline pilot. He leaves behind a wife and two children.


The plane took down a number of trees as it was on the way down but did not hit any houses. It landed about 200 feet from the nearest home, authorities said.

No one on the ground was injured.

College student Lauren Peller was in her home with her mother when the plane went down across the street next to woods.

"We heard a loud noise, almost like a tree fell on the house, and we ran down the stairs and there was smoke and the plane was on fire," said Peller, adding that her mother then called 911.

The crash involved a GEICO Skytypers plane from Republic Airport in East Farmingdale.

Johansen was a graduate of the U.S. Naval Academy, a Naval aviator, and a professional airline pilot. He leaves behind a wife and two children.

An investigation is underway involving the Federal Aviation Administration and the National Transportation Safety Board.

The World Famous GEICO Skytypers Air Show Team is a flight squadron of six vintage WWII aircraft based on Long Island performing precision flight maneuvers at select air shows across the US.

"A careful and thorough investigation is already under way," Skytypers said in statement. "We are working with local law enforcement, the Federal Aviation Administration, and the National Transportation Safety Board. Our thoughts are with Ken and his family."

Johansen first flew with the Skytypers at the age of 8, according to his bio posted on the stunt team's website. It said he "caught the aviation bug early in his life" from his Skytyping instructor pilot father.

As the old Greek saying goes: you can take the clay pot to the spring to get water every day; it only has to break once.

Narrative:
The vintage aircraft spinning in the air just after takeoff then crashed along a road in Melville. There was a post-impact fire.
The pilot died.
The plane was one of the GEICO Skytypers that flew at the Bethpage Air Show at Jones Beach State Park over Memorial Day weekend.

Sources:
http://abc7ny.com/small-plane-crashes-on-long-island/3540092/
https://www.newsday.com/long-island/suffolk/vintage-plane-crash-melville-1.18845916?utm_source=dlvr.it&utm_medium=twitter
_______________
https://www.geicoskytypers.com/aircraft-2/
Date: 30-MAY-2018
Time: 13:52 LT
Type:
North American SNJ-2 Texan
Owner/operator: Geico Skytypers
Registration:

C/n / msn:

Fatalities: Fatalities: 1 / Occupants: 1
Other fatalities: 0
Airplane damage: Written off (damaged beyond repair)
Location: Melville, Long island, Suffolk County; NY - United States of America
Phase: Initial climb
Nature: Demo/Airshow/Display
Departure airport: Republic Airport, Farmingdale
Destination airport:



Wednesday, May 30, 2018

42-year-old tow truck driver Nader Chehadi was killed when he was hooking up a school bus to a tow truck on I-94 in Michigan















PITTSFIELD TOWNSHIP, Mich. (WXYZ) -


Michigan State Police confirm 42-year-old Nader Chehadi was killed when he was hooking up a school bus to a tow truck on I-94 between US-23 and the exit to South State Street in Ann Arbor.

The driver of an SUV slammed into the back of the school bus that was stopped on the shoulder of the freeway.

Samer Chehadi is the twin brother to Nader. He tells 7 Investigator this should not have happened because police told the family the driver of the SUV had a suspended license and should not have been on the road.

He also says his twin brother was a great family man, husband, two kids who worked hard for his family.

Nader had worked at Wall Street and Budget Towing in Ypsilanti for 15 years and was a manager.

The crash happened at 10:20 this morning. Five people inside the SUV are all in critical condition.

Two adults were taken to St. Joseph’s Hospital and the three kids taken to Mott Childrens’ Hospital that is part of the University of Michigan Health System.

State Police say they are investigating why this crash happened - if it was distracted driving, a mechanical issue with the Ford Explorer SUV or a health issue with the driver.

State Police say they will release the names of the people inside the SUV on Wednesday.

U.S. Army Lieutenant Colonel Christopher DeMure, 40, is accused that he engaged in a scheme to defraud USAA Federal Savings Bank (USAA) and American Express (AMEX) to obtain insurance payments by submitting fraudulent claims and other fraudulent documents.




An Army officer stationed in Alaska has been accused of filing nearly half a million dollars in phony insurance claims over about three years.

Lt. Col. Christopher DeMure, 40, has been charged with mail and wire fraud and money laundering, according to a report by Alaskan television affiliate KTVA. 


DeMure commands the 3rd Battalion, 509th Infantry Regiment of the 4th Brigade Combat Team (Airborne), 25th Infantry Division, which is stationed at Joint Base Elmendorf-Richardson near Anchorage. Authorities allege that DeMure made more than $475,000 in false insurance claims – and received almost $400,000 – between September of 2014 and February of this year.

The US Attorney’s Office alleged that DeMure’s scam involved claims made to military insurer USAA Federal Savings Bank, as well as American Express. Authorities said that in one incident, he claimed more than $215,000 in fictitious losses from a U-Haul van he said was burglarized when he moved to Alaska from Fort Benning, Ga., KTVA reported.

“DeMure spent much of the insurance payout money to pay off automobile loans, credit cards, mortgage loans, and other debts and expenses, including a 2016 Chevrolet Suburban and a 2016 Audi A7,” prosecutors said in a statement.

If convicted, DeMure faces up to 20 years in prison and a fine of up to $250,000.


===========================




FOR IMMEDIATE RELEASE
Thursday, May 24, 2018
U.S. Army Lieutenant Colonel Arrested and Charged for Defrauding Insurance Providers


Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that an officer of the U.S. Army has been charged for allegedly defrauding insurance providers to obtain hundreds of thousands of dollars in fraudulent insurance payments.

Christopher James DeMure, 40, a Lieutenant Colonel in the U.S. Army, has been named in a criminal complaint charging him with mail fraud, wire fraud, and money laundering. DeMure was arrested this morning and is expected to make his initial appearance on the charges tomorrow afternoon.

The complaint alleges that, from September 2014 until February 2018, DeMure engaged in a scheme to defraud USAA Federal Savings Bank (USAA) and American Express (AMEX) to obtain insurance payments by submitting fraudulent claims and other fraudulent documents. DeMure spent much of the insurance payout money to pay off automobile loans, credit cards, mortgage loans, and other personal debts and expenses, including a 2016 Chevrolet Suburban and a 2016 Audi A7. In all, DeMure’s fraudulent insurance claims allegedly sought payments in the amount of approximately $475,000, and that DeMure has actually received approximately $394,000, from USAA and AMEX, combined.

More specifically, it is alleged that DeMure purchased items of value, such as jewelry, performance bicycles, clothing, and electronics that were later the subject of insurance claims that he filed with USAA and/or AMEX. On multiple occasions, DeMure cancelled an online order for or physically returned items for a full refund, and thereafter listed those same items on a fraudulent insurance claim with USAA and/or AMEX, wherein he falsely claimed that the item was lost, misplaced, and/or stolen. Beginning in October 2015, DeMure began to file parallel fraudulent insurance claims for certain items with both USAA and AMEX. In some cases, DeMure provided different explanations for the loss, misplacement, or theft of those items to USAA and AMEX.

DeMure’s scheme to defraud involved at least seven separate loss incidents. For example, in July 2016, DeMure moved from Fort Benning, Georgia, to Joint Base Elmendorf-Richardson, Alaska. The U.S. Army paid for a company to pack and move DeMure’s residential household goods from Georgia to Alaska. Those household goods were packed by the moving company on July 13, 2016. On July 21, 2016, DeMure contacted USAA and claimed that a U-Haul trailer that he had rented had been burglarized in Louisville, Kentucky, where he stopped on the way to Indiana. DeMure claimed the loss amount was $215,317.68. The following day DeMure contacted the Louisville Metro Police Department to report the burglary. In his USAA claim, DeMure identified numerous items as having been stolen from the U-Haul in Louisville, ranging from jewelry to performance bicycles. The jewelry items included a Tiffany & Co. necklace that DeMure told USAA was a family heirloom, which had an appraised value of $35,000. In fact, business records show that DeMure purchased the necklace on June 1, 2016, had it appraised on June 15, 2016, returned it on July 6, 2016, and on July 11, 2016, had it insured by USAA. Altogether, DeMure received an overall payment benefit of $183,339.73 from the claims he filed with USAA and AMEX related to the purported July 20, 2016, U-Haul burglary.

The complaint further alleges that some of the supporting documents that DeMure submitted to USAA and AMEX were fraudulent. For example, in support of an insurance claim, DeMure allegedly submitted a fake Palmer Police Department report to AMEX to evidence the loss incident in question.

If convicted, DeMure faces a maximum sentence of 20 years in prison and a fine of $250,000, or both, for the most serious charges alleged in the complaint. Under federal sentencing statutes, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

The Federal Bureau of Investigation (FBI) conducted the investigation leading to the charges in this case, with assistance from the U.S. Army Criminal Investigation Command (commonly known as CID). This case is being prosecuted by Assistant U.S. Attorney Andrea W. Hattan.

A complaint is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.