Preview
FILED: ALBANY COUNTY CLERK 04/09/2021 09:12 AM INDEX NO. 904481-16
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/09/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OFALBANY
MARY JADE CRIBBS and JAMES CLINTON Index No.: 04481-16
CRIBBS, III,
Plaintiff, AFFIDAVIT
-against-
CORPORATE WOODS 11 COMPANY, L.P.,
CORPORATE WOODS 11 CO., LP, CORPORATE
WOODS LLC, CORPORATE WOODS PARTNERS
PICOTTE REAL ESTATE, INC., PICOTTE
MANAGEMENT COMPANY, INC., PICOTTE
DEVELOPMENT COMPANY, L.P. PICOTTE
ASSOCIATES, LLC, PICOTTE COMPANIES
UNISTRESS CORP., GILBANE, INC., GILBANE
BUILDING COMPANY and GILBANE DEVELOPMENT
COMPANY,
Defendants,
--
-..___..______-_______________..___..___._______..-..-- ----X
UNISTRESS CORPORATION,
Third-Party Plaintiff,
-against-
PRECAST SERVICES, INC.,
Third-Party Defendant.
STATE OF NEW JERSEY )
) s.s.
COUNTY OF MIDDLESEX )
Bernard P.Lorenz, P.E., being duly sworn, deposes and says:
I.I am employed by Affiliated Engineering Laboratories, Inc. I have been so employed
for the past 27 years. My titleis Engineering Consultant.
LEG AL\51433112\l21094,0001.000/395304.000
FILED: ALBANY COUNTY CLERK 04/09/2021 09:12 AM INDEX NO. 904481-16
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/09/2021
I I
2. I am a licensed Professional Engineer in the States of New York, New Jersey and
Pennsylvania. My full curriculum vitae is attached hereto as Exhibit "A".
»ai-.
3. I make this affidavit in support of Gilbane Building Company's motion for su,—.»
judgment in this matter,.
4. It is understood that with respect to a project involving the rehabilitation of a
parking deck at 11 Corporate Woods in Albany, New York, Gilbane Building Company
approved of a change from the specification/drawing detail in the contract documents which
called for a nominal 2 inch wide expansion joint to a wider expansion joint. Specifically, the
project o called for use of the ME 300 e= --::-::a joint manufactured Watson
iginally by
Bowinaii Acme. The Wastson Bowman Acme ME 400 expansion joint was the approveu
change. It is further understood that the Wabo Crete Membrane, Meinbrane Sealing Exyar»iori
Joint System, manufactured by Watson Bowman Acme, was the installed exp~~~ion joint.
~Omlons
S. The approval for the use of the ME 400 expansion joint fiom the originally
specified ME 300 expansion joint was not a ueviativii from any standard of care in the
construction industry. The Wabo Crete Mer»braiie Systems incluuiiig model numbers: ME-225,
ME-300, ME-400, ME-500 and ME-600 provide safe vehicular driving surfaces and pedestrian
walking surfaces regardless of the ~xi-~-.sion joint width. In this regard, all model numbers
provide an elastomeric seal across the expansion joint width, therefore filling said expansion
Data"
joint and providing a safe <~."»c»l~ and walking surface. Moreover, the "Technical
Mc.—
portion of the Wabo Crete -»rane System states the following under "Design InfoI mation ":
2
LEG AL<5i 433) i2i 1 2 I 094.000!.000/395304.000
FILED: ALBANY COUNTY CLERK 04/09/2021 09:12 AM INDEX NO. 904481-16
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/09/2021
I
"The ME series uses a multi-celled pedestrian-friendly profile
Guidelines..."
designedper ADA
6. As such, the Wabo Crete Membrane System is designed per ADA guidelines, cleaLly
demonshating that its use does not violate any applicable written standards or custom and
practice.
7. Frederick 0, Bremer, AIA, NCARB is anticipated fo testify that the constructed and
maintained condition of the cicpansion joint at the area of the incident was a tripping hazard.
8. Mr. Hremer will cite to ASTM F 1637-13 "Standard Practice for Safe 8'alking
Surfaces"
and ASTM F 1646-12 "Standard Term~no~a~ Relating to Safety and Traction for
"
Footwear, 8 alking Su/furies Cvnsii acted for Pedestrian Usage. It should be noted that thcsc
documents have not been adopted by the State of New York and it is understood that these
~oc~-.—.ents
were not part of the plansl specifications for this project. It should further be noted
"Foreword"
that the for ASTM International states:
SThf ~ d d"d '
.:,—,.':*'ll'
i ! ~l«
become le all . hindin onl1/ wlien a ==;~':ident bo( re erences tliem in
.~-;:-;—;;;
—;;;-~or
alien (lte. are cited ia a contract. Any item that is produced and
marked as conforming to an ASTM standard must meet all applicable
standard"
requirements of that (eiiipliasis added).
3
LEGALi51433112u 21094.000L000/395304,000
FILED: ALBANY COUNTY CLERK 04/09/2021 09:12 AM INDEX NO. 904481-16
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/09/2021
9. Mr. Bremer is expected to cite to the Property Maintenance Code for the State of
New York, 2010. Gilbane Building Company was not required to maintain the expansion joint
within the parking deck subsequent to the courpiction of the construction.
Be liard P. Lo
Swor o before me this
Edhy 0. March 2021
ary Public
e SA.NTRIA AGOSTO
e_w, NomavmmuCOFNSUSSEF
Ant . COMMISSt0N s 2223994
.8† MYCOMM5Sl0NG(PME53/31/2024
4
LEGAL 51433112\l
21094.0001.000/395304.000
FILED: ALBANY COUNTY CLERK 04/09/2021 09:12 AM INDEX NO. 904481-16
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/09/2021
~—
—
-—...
~- I
:j
I
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
ra X
MARY JADE CRIBBS and JAMES CLINTON Index No.: 04481-16
CRIBBS, III,
Plaintiff, CERTIFICATE OF
-against- CONFORMITY
CORPORATE WOODS 11 COMPANY, L,P.,
CORPORATE WOODS 11 CO., LP, CORPORATE
WOODS LLC, CORPORATE WOODS PARTNERS
PICOTTE REAL ESTATE, INC., PICOTTE
MANAGEMENT COMPANY, INC., PICOTTE
DEVELOPMENT COMPANY, L.P. PICOTTE
ASSOCIATES, LLC, PICOTTE COMPANIES
UNISTRESS CORP„GILBANE, INC., GILBANE
BUILDING COMPANY and GILBANE DEVELOPMENT
COMPANY,
Defendants.
---------------X
UNISTRESS CORPORATION,
Third-Party Plaintiff,
-against-
PRECAST SERVICES, INC.,
Third-Party Defendant.
STATE OF NEW JERSEY )
) is.s.
COUNTY OF MIDDLESEX )
Santria Agosto, over the age of cn
-'z.-.< years and an entpoyee of Affiliated ng';.cc.-ing
Laboratories, Inc.,located at 777 New Durham Road, Edison, New Jersey, having been duly sworn to tell
—
the truth under penalty of perjury, now ppo and resp~-uliy states as LUilows.
l. I am a Public pursuant to the laws of the State of New Jersey, r lss!on No.
Notary
2223994 currently valid through March 31, 2024.
5
2l094.000l.000/395304.000
LEGAL'1514331 l2'll
FILED: ALBANY COUNTY CLERK 04/09/2021 09:12 AM INDEX NO. 904481-16
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/09/2021
2. I am fully sequainted with the laws of the State of New Jersey peitaining to the .
administration and taking of oaths and affirmatens.
3. The oath by Bernard P. Lorenz, P.E, named in the anached Affidavit of Bernard P. Lorenz,
P.E. was taken before me on March 19, 2021 in the manner prescribed by the laws of the State of New
Jersey.
4. The oath fully conforms with the laws of the State of New Jersey and isin allrespects valid
and effectivein thisState.
IN WITNESS WHEREOF, I statethat I have executed this Certificateon March 19, 202).
S - NTRIA AGOST
NOTARY PUBLIC
.. NSWPUBUCCFNEWÆtSEY
GOA5MISS30N 8 222399
Y COMMISSIONEGWE53maGM .
6
LEGAL\51433112\I 21094.0001.000/395304.000
,
FILED: ALBANY COUNTY CLERK 04/09/2021 09:12 AM INDEX NO. 904481-16
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/09/2021
AFFILIATED ENGINEERING LABORATORIES, INC.
Engineering Consultants
777 New Durham Road
Edison, NJ 08817
Phone: (732) 429-1200 Fax: (732) 429-1201
Resume: BERNARD P. LORENZ
Education: Bachelor of Civil Engineering
Georgia Institute of Technology, Atlanta, GA, 1985
Master of Science - Civil Engineering
New Jersey Institute of Technology, Newark, NJ, 1999
Pruicssional: Professional Eñgiñeer -New Jersey License No. 24GE03528500
Professional Engineer -New York License No. 070268-1
Professional Engineer - Pennsylvania License No. PE042933R
Professional Planner -New Jersey
Inspector - ICS New License No. 007481
Building Jersey
Member - Snow and Ice Management Association (SIMA)
Continuing
Education: OSHA Fall Protection Standards (NJASSE)
Occupational Safety and Health Standards for the
Construction Industry (OSHA 510 -30 hours)
Professional
Experience: Schoor & DePalma, Manalapan, NJ
Designer, Assistant Resident Eñgiscer, Senior Designer, Project Engineer
Designer of site plans and subdivision including storm sewer systems,
detention basins, sanitary sewer, grading, sidewalks, roadway alignment,
both horizontal and vertical. Assistant Resident Engineer on a
multi-million dollar heavy/highway construction project for the New
Jersey Highway Authority including utility installation, roadway and
building construction, concrete structure and earth moving/fill operations.
In charge of design teams in the preparation of plans and specifications for
projects in the public and private sectors including drainage studies,
roadway/sidewalk improvements, site plans, subdivisions and pu_mping
stations.
A
FILED: ALBANY COUNTY CLERK 04/09/2021 09:12 AM INDEX NO. 904481-16
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/09/2021
BERNARD P. LORENZ
-- 2-
Touchstone Engineering & Construction Co., Inc.
Director of Operations
Supervisor of construction management, estimating and design. In charge
of siteutilities and building construction, coordination of subcontractors,
preparation of pay estimates, bidding and estimating. In charge of the
preparation of plans, specifications and reports for site plan, subdivision
approvals and permits from local, county and state agencies.
ComTech Environmental, Inc., Jamesburg, NJ
Chief Engineer
Supervisor of design and permitting for studge management/composting
and wastewater projects, site plans and subdivision design and permitting
on the local, county and state levels, UST permitting and compliance,
Phase I environmental siteasscssincñts, ECRA compliance.
Affiliated Engineering Laboratories Inc., Edison, NJ
Engineering Consultant
Forensic engineering investigation and evaluation of design and
construction elements relating to civil engiñêering and safety engineering.
Evaluation elements include walkways, stairways, roadways, roofs, and
building construction. Other related aspects of civil and safety engineering
include OSHA, building code compliance and cause and origin analysis
relating to accident evaluations.
Preview
FILED: ALBANY COUNTY CLERK 04/09/2021 09:12 AM INDEX NO. 904481-16 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OFALBANY MARY JADE CRIBBS and JAMES CLINTON Index No.: 04481-16 CRIBBS, III, Plaintiff, AFFIDAVIT -against- CORPORATE WOODS 11 COMPANY, L.P., CORPORATE WOODS 11 CO., LP, CORPORATE WOODS LLC, CORPORATE WOODS PARTNERS PICOTTE REAL ESTATE, INC., PICOTTE MANAGEMENT COMPANY, INC., PICOTTE DEVELOPMENT COMPANY, L.P. PICOTTE ASSOCIATES, LLC, PICOTTE COMPANIES UNISTRESS CORP., GILBANE, INC., GILBANE BUILDING COMPANY and GILBANE DEVELOPMENT COMPANY, Defendants, -- -..___..______-_______________..___..___._______..-..-- ----X UNISTRESS CORPORATION, Third-Party Plaintiff, -against- PRECAST SERVICES, INC., Third-Party Defendant. STATE OF NEW JERSEY ) ) s.s. COUNTY OF MIDDLESEX ) Bernard P.Lorenz, P.E., being duly sworn, deposes and says: I.I am employed by Affiliated Engineering Laboratories, Inc. I have been so employed for the past 27 years. My titleis Engineering Consultant. LEG AL\51433112\l21094,0001.000/395304.000 FILED: ALBANY COUNTY CLERK 04/09/2021 09:12 AM INDEX NO. 904481-16 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/09/2021 I I 2. I am a licensed Professional Engineer in the States of New York, New Jersey and Pennsylvania. My full curriculum vitae is attached hereto as Exhibit "A". »ai-. 3. I make this affidavit in support of Gilbane Building Company's motion for su,—.» judgment in this matter,. 4. It is understood that with respect to a project involving the rehabilitation of a parking deck at 11 Corporate Woods in Albany, New York, Gilbane Building Company approved of a change from the specification/drawing detail in the contract documents which called for a nominal 2 inch wide expansion joint to a wider expansion joint. Specifically, the project o called for use of the ME 300 e= --::-::a joint manufactured Watson iginally by Bowinaii Acme. The Wastson Bowman Acme ME 400 expansion joint was the approveu change. It is further understood that the Wabo Crete Membrane, Meinbrane Sealing Exyar»iori Joint System, manufactured by Watson Bowman Acme, was the installed exp~~~ion joint. ~Omlons S. The approval for the use of the ME 400 expansion joint fiom the originally specified ME 300 expansion joint was not a ueviativii from any standard of care in the construction industry. The Wabo Crete Mer»braiie Systems incluuiiig model numbers: ME-225, ME-300, ME-400, ME-500 and ME-600 provide safe vehicular driving surfaces and pedestrian walking surfaces regardless of the ~xi-~-.sion joint width. In this regard, all model numbers provide an elastomeric seal across the expansion joint width, therefore filling said expansion Data" joint and providing a safe <~."»c»l~ and walking surface. Moreover, the "Technical Mc.— portion of the Wabo Crete -»rane System states the following under "Design InfoI mation ": 2 LEG AL<5i 433) i2i 1 2 I 094.000!.000/395304.000 FILED: ALBANY COUNTY CLERK 04/09/2021 09:12 AM INDEX NO. 904481-16 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/09/2021 I "The ME series uses a multi-celled pedestrian-friendly profile Guidelines..." designedper ADA 6. As such, the Wabo Crete Membrane System is designed per ADA guidelines, cleaLly demonshating that its use does not violate any applicable written standards or custom and practice. 7. Frederick 0, Bremer, AIA, NCARB is anticipated fo testify that the constructed and maintained condition of the cicpansion joint at the area of the incident was a tripping hazard. 8. Mr. Hremer will cite to ASTM F 1637-13 "Standard Practice for Safe 8'alking Surfaces" and ASTM F 1646-12 "Standard Term~no~a~ Relating to Safety and Traction for " Footwear, 8 alking Su/furies Cvnsii acted for Pedestrian Usage. It should be noted that thcsc documents have not been adopted by the State of New York and it is understood that these ~oc~-.—.ents were not part of the plansl specifications for this project. It should further be noted "Foreword" that the for ASTM International states: SThf ~ d d"d ' .:,—,.':*'ll' i ! ~l« become le all . hindin onl1/ wlien a ==;~':ident bo( re erences tliem in .~-;:-;—;;; —;;;-~or alien (lte. are cited ia a contract. Any item that is produced and marked as conforming to an ASTM standard must meet all applicable standard" requirements of that (eiiipliasis added). 3 LEGALi51433112u 21094.000L000/395304,000 FILED: ALBANY COUNTY CLERK 04/09/2021 09:12 AM INDEX NO. 904481-16 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/09/2021 9. Mr. Bremer is expected to cite to the Property Maintenance Code for the State of New York, 2010. Gilbane Building Company was not required to maintain the expansion joint within the parking deck subsequent to the courpiction of the construction. Be liard P. Lo Swor o before me this Edhy 0. March 2021 ary Public e SA.NTRIA AGOSTO e_w, NomavmmuCOFNSUSSEF Ant . COMMISSt0N s 2223994 .8† MYCOMM5Sl0NG(PME53/31/2024 4 LEGAL 51433112\l 21094.0001.000/395304.000 FILED: ALBANY COUNTY CLERK 04/09/2021 09:12 AM INDEX NO. 904481-16 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/09/2021 ~— — -—... ~- I :j I SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY ra X MARY JADE CRIBBS and JAMES CLINTON Index No.: 04481-16 CRIBBS, III, Plaintiff, CERTIFICATE OF -against- CONFORMITY CORPORATE WOODS 11 COMPANY, L,P., CORPORATE WOODS 11 CO., LP, CORPORATE WOODS LLC, CORPORATE WOODS PARTNERS PICOTTE REAL ESTATE, INC., PICOTTE MANAGEMENT COMPANY, INC., PICOTTE DEVELOPMENT COMPANY, L.P. PICOTTE ASSOCIATES, LLC, PICOTTE COMPANIES UNISTRESS CORP„GILBANE, INC., GILBANE BUILDING COMPANY and GILBANE DEVELOPMENT COMPANY, Defendants. ---------------X UNISTRESS CORPORATION, Third-Party Plaintiff, -against- PRECAST SERVICES, INC., Third-Party Defendant. STATE OF NEW JERSEY ) ) is.s. COUNTY OF MIDDLESEX ) Santria Agosto, over the age of cn -'z.-.< years and an entpoyee of Affiliated ng';.cc.-ing Laboratories, Inc.,located at 777 New Durham Road, Edison, New Jersey, having been duly sworn to tell — the truth under penalty of perjury, now ppo and resp~-uliy states as LUilows. l. I am a Public pursuant to the laws of the State of New Jersey, r lss!on No. Notary 2223994 currently valid through March 31, 2024. 5 2l094.000l.000/395304.000 LEGAL'1514331 l2'll FILED: ALBANY COUNTY CLERK 04/09/2021 09:12 AM INDEX NO. 904481-16 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/09/2021 2. I am fully sequainted with the laws of the State of New Jersey peitaining to the . administration and taking of oaths and affirmatens. 3. The oath by Bernard P. Lorenz, P.E, named in the anached Affidavit of Bernard P. Lorenz, P.E. was taken before me on March 19, 2021 in the manner prescribed by the laws of the State of New Jersey. 4. The oath fully conforms with the laws of the State of New Jersey and isin allrespects valid and effectivein thisState. IN WITNESS WHEREOF, I statethat I have executed this Certificateon March 19, 202). S - NTRIA AGOST NOTARY PUBLIC .. NSWPUBUCCFNEWÆtSEY GOA5MISS30N 8 222399 Y COMMISSIONEGWE53maGM . 6 LEGAL\51433112\I 21094.0001.000/395304.000 , FILED: ALBANY COUNTY CLERK 04/09/2021 09:12 AM INDEX NO. 904481-16 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/09/2021 AFFILIATED ENGINEERING LABORATORIES, INC. Engineering Consultants 777 New Durham Road Edison, NJ 08817 Phone: (732) 429-1200 Fax: (732) 429-1201 Resume: BERNARD P. LORENZ Education: Bachelor of Civil Engineering Georgia Institute of Technology, Atlanta, GA, 1985 Master of Science - Civil Engineering New Jersey Institute of Technology, Newark, NJ, 1999 Pruicssional: Professional Eñgiñeer -New Jersey License No. 24GE03528500 Professional Engineer -New York License No. 070268-1 Professional Engineer - Pennsylvania License No. PE042933R Professional Planner -New Jersey Inspector - ICS New License No. 007481 Building Jersey Member - Snow and Ice Management Association (SIMA) Continuing Education: OSHA Fall Protection Standards (NJASSE) Occupational Safety and Health Standards for the Construction Industry (OSHA 510 -30 hours) Professional Experience: Schoor & DePalma, Manalapan, NJ Designer, Assistant Resident Eñgiscer, Senior Designer, Project Engineer Designer of site plans and subdivision including storm sewer systems, detention basins, sanitary sewer, grading, sidewalks, roadway alignment, both horizontal and vertical. Assistant Resident Engineer on a multi-million dollar heavy/highway construction project for the New Jersey Highway Authority including utility installation, roadway and building construction, concrete structure and earth moving/fill operations. In charge of design teams in the preparation of plans and specifications for projects in the public and private sectors including drainage studies, roadway/sidewalk improvements, site plans, subdivisions and pu_mping stations. A FILED: ALBANY COUNTY CLERK 04/09/2021 09:12 AM INDEX NO. 904481-16 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/09/2021 BERNARD P. LORENZ -- 2- Touchstone Engineering & Construction Co., Inc. Director of Operations Supervisor of construction management, estimating and design. In charge of siteutilities and building construction, coordination of subcontractors, preparation of pay estimates, bidding and estimating. In charge of the preparation of plans, specifications and reports for site plan, subdivision approvals and permits from local, county and state agencies. ComTech Environmental, Inc., Jamesburg, NJ Chief Engineer Supervisor of design and permitting for studge management/composting and wastewater projects, site plans and subdivision design and permitting on the local, county and state levels, UST permitting and compliance, Phase I environmental siteasscssincñts, ECRA compliance. Affiliated Engineering Laboratories Inc., Edison, NJ Engineering Consultant Forensic engineering investigation and evaluation of design and construction elements relating to civil engiñêering and safety engineering. Evaluation elements include walkways, stairways, roadways, roofs, and building construction. Other related aspects of civil and safety engineering include OSHA, building code compliance and cause and origin analysis relating to accident evaluations.