Source: https://sourceable.net, September 12, 2017 By: Andrew Heaton Amid the Senate Inquiry Into Non-Conforming Building Products, issues associated with the use of materials which do not meet the requirements of the National Construction Code (NCC) have been the subject of considerable attention in recent years. Whether it’s faulty cables, exploding glass, roofing materials containing asbestos […]

Source: https://www.natlawreview.com, September 11, 2017 Holding that the Texas Railroad Commission’s statutory authority to regulate contamination from oil and gas operations does not preclude private suits for damages, the Texas Supreme Court upheld a $22.7 million award in a suit alleging contamination from natural gas production.  Forest Oil Corp. v. El Rucio Land & Cattle Co., […]

Source: http://www.constructiondive.com, August 15, 2017 By: Kim Slowey This summer, the world looked on in disbelief as fire consumed the 24-story Grenfell Tower residential high-rise in London. The building burned for more than 24 hours before firefighters could extinguish it in full. Reports have confirmed approximately 80 fatalities so far, but that number could still […]

Source: http://cheektowagachronicle.com, September 6, 2017 By: Jim Herr A family-owned Alden based industrial uniform company is working with the New York State Department of Environmental Conservation to pay for the remediation of the family’s former dry cleaners site in Cheektowaga. Doritex Corp. voluntarily delivered a check for $491,000 to the NYSDEC on August 1st to cover […]

Source: http://www.journal-topics.com, September 6, 2017 By: Tom Robb Township Says Former Dry Cleaners To Blame; Also, Deal In Works To Remove Tollway Restrictions Elk Grove Township trustees scheduled a special meeting for Wednesday, Sept. 6 in which possible litigation for the township’s Youth Services building at 401 W. Golf Rd., Mount Prospect — a site […]

Source: http://newyork.cbslocal.com, September 6, 2017 Two public wells for drinking water have been shut down on the East End of Long Island, after tests found contamination from PFCs, or perfluorinated compounds. As CBS2’s Jennifer McLogan reported, the chemicals may have leeched into the ground from firefighting suppression foam. “You can smell the chlorine in it,” […]

Source: http://www.enr.com, September 5, 2017 The doomed V.C. Summer nuclear project suffered from flawed construction plans, faulty designs, inadequate management of contractors, low worker morale and high turnover, according to a lengthy and long-secret report released Monday by S.C. Gov. Henry McMaster’s office. The report, completed by the Bechtel Corp. about 18 months before the […]

Source: http://www.mondaq.com, September 4, 2017 By: John R. Hardin, K&L Gates While the full extent of damages caused by Hurricane Harvey is unknown at present, the storm has already caused unprecedented damage in Texas. That damage arises in the midst of pending legislative change that may affect significantly losses governed by Texas law. Specifically, for […]

Source: Dow Jones News Service, September 4, 2017 Posted on: http://www.advisen.com By Douglas Belkin and Tawnell D. Hobbs Water is subsiding in flooded neighborhoods, the mayor is insisting Houston “is open for business,” and shelters are emptying out, but Texans returning to flood-damaged homes face plenty of obstacles: the threat of toxic pollutants in the […]

Source: http://www.newyorklawjournal.com, August 29, 2017 By: Kenneth M. Block and Joshua M. Levy, New York Law Journal Construction delays, whether from lack of subcontractor coordination, construction defects, design errors or omissions, late decision making, force majeure, etc., can have disastrous consequences for owners and contractors alike. Owners can suffer extended management, supervisory, administration, insurance and […]

Source: http://siouxcityjournal.com, August 30, 2017 By: Nick Hytrek The city of Sergeant Bluff has sued the engineering firm that designed its water treatment plant, claiming the facility does not function as promised. The city paid Veenstra & Kimm Inc., of West Des Moines, Iowa, more than $4.5 million to design the plant, but since its […]

Source: https://www.lexology.com, August 29, 2017 By: Kirk D. Johnston, Smith Currie & Hancock Two of the primary mechanisms for construction risk transfer are indemnity provisions and insurance agreements. Both indemnity provisions and insurance agreements require one party to stand good for the loss of another. But there are significant differences, both practical and legal. In […]