RT ECP News Center

April 25, 2025

PFAS Regulations Gaining Ground in 2025: What Businesses Need to Know

Source: https://www.lexology.com/ By: Blake Donewar, Phelps Dunbar LLP With concerns over PFAS (per- and polyfluoroalkyl substances) contamination on the rise, the regulatory landscape is rapidly evolving, both at the federal level and in many states. Businesses in the growing list of industries impacted by PFAS should stay on top of the latest efforts to regulate […]

April 24, 2025

Construction Management

Source: Miller Insurance The Insured was the design builder on a mixed-use construction project, which included ground floor retail space and 97 residential units on the upper floors. The owner sued the Insured alleging the Insured was negligent in its project management, causing construction defects and delays. Several subcontractors subsequently filed liens on the property. […]

April 24, 2025

Pollutants Seep into Water Supply

Source: https://www.greatamericaninsurancegroup.com An old wastewater treatment plant had undergone several renovations throughout the years. Improper closure of an old clarifier and on-site surface impoundment resulted in gradual seepage of pollutants into the central water supply for a neighboring community. Extensive groundwater remediation and emergency water supply for residents was required. Read more.

April 24, 2025

Insurer must defend contractor in mold dispute, court says

Source: https://www.insurancebusinessmag.com/, April 24, 2025 By: Matthew Sellers A federal appeals court has ruled that Phoenix Insurance Company wrongfully denied its duty to defend Wehr Constructors, Inc., in a dispute stemming from mold and construction defects at a Kentucky hospital. The Sixth Circuit Court of Appeals issued its decision on April 18, reversing a lower […]

April 23, 2025

Failure to Select Adequately Qualified Subs

Source: Miller Insurance The Claimant is the owner/developer of a planned, mixed-use commercial development site. The Insured acted as a design-build contractor responsible for the bulk of the design and construction work at the Project. The Insured’s design was to be based on the Claimant’s architectural design. The Claimant sued the Insured alleging defects and […]

April 23, 2025

Process Tank at Recycling Plant Malfunctions

Source: https://www.greatamericaninsurancegroup.com/ A process tank at a recycling wastewater treatment plant malfunctioned. The tank discharged a large volume of untreated wastewater into a nearby stream, causing damage to aquatic life. The local regulatory authority issued fines to the operator of the wastewater treatment plant for the accidental and unauthorized discharge. In addition, several local residents […]

April 23, 2025

Tainted fertilizer spread across 10,000 acres may trigger first Superfund designation for farmland

Source: https://www.ehn.org/, April 22, 2025 A decades-long practice of using textile mill sludge as free fertilizer has left nearly 10,000 acres of South Carolina farmland contaminated with toxic PFAS, prompting calls for a sweeping federal cleanup. In short: South Carolina officials are urging the U.S. Environmental Protection Agency to extend Superfund status to farmland around the […]

April 22, 2025

Solvent Laced Wash Water Migrates to Municipal Water Supply Well

Source: https://www.greatamericaninsurancegroup.com/ A manufacturing company performed routine drum washing operations. Over time, solvent laced wash water migrated through cracks in the concrete and into the subsurface soils and groundwater. The plume of solvents traveled off site and contaminated a nearby municipal water supply well. Costly remedial technology had to be implemented to provide safe drinking […]

April 22, 2025

The Latest on PFAS: What Policyholders Need to Know Now

Source: https://www.jdsupra.com/, April 22, 2025 By: Pillsbury – Policyholder Pulse Blog We have previously written on the evolving risks associated with PFAS—also known as “forever chemicals”—and their implications for policyholders navigating environmental liabilities involving both PFAS and PFAS-related chemicals (i.e., fluorinated chemicals that do not fit the definition of PFAS). Our prior analyses explored coverage strategies […]

April 22, 2025

Developers delay billions in projects amid mounting uncertainty

Source: https://www.constructiondive.com/, April 21, 2025 By: Sebastian Obando A foreign construction equipment maker is betting big on President Donald Trump’s trade policies even as developers cancel billions in clean energy and tech manufacturing projects. JCB, the U.K.-based construction equipment company, plans to double the size of its San Antonio, Texas, factory to 1 million square feet, said […]

April 21, 2025

Value Engineering

Source: Miller Insurance The Insured designed a multi-use pathway with a ramp and with a 6″ wide grass strip between the road and the pathway. In order to save costs, the County told the Insured to eliminate the ramp and shrink the grass strip to 4″. The Insured approved the design change. The Plaintiffs crossed […]

April 21, 2025

Value Engineeing

Source: Miller Insurance The Insured provided structural engineering services in the design, detailing and specifications for a fish lab/incubator project with an access roadway. Before construction began, the Architect and Owner value-engineered the project, removing a portion of sheet piling which would have supported the road. The Insured acquiesced to that change even though it […]

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