Source: Distinguished Programs A chemical manufacturing plant caught fire, emitting hazardous vapors into the air and hazardous liquids into the soil and groundwater. The air vapors and groundwater migrated to a number of nearby third-party properties. A  class action lawsuit was filed by the neighboring community for property damage and bodily injury. In addition to  […]

Source: Distinguished Programs The owner of a warehouse/industrial park was notified by the state environmental regulatory agency that it had received a complaint regarding groundwater contamination at a neighboring site. An investigation revealed that a  former tenant of the park caused the contamination by discharging production wastewater into a nearby storm  sewer. The former tenant […]

Source: Distinguished Programs A commercial retail center received complaints from tenants about musty odors coming from the basement storage  areas. During a maintenance inspection, it was determined that the basement drains were not able to drain properly  due to the build-up of sediments within the pipes causing water to back up into the storage areas. […]

Source: https://www.lexology.com/, August 3, 2023 By: David A. Pogorilich and Eric Brodfuehrer, Ankura Consulting Group, LLC The inclusion of “Delegated Design” scopes of work into the construction documents of a construction project blurs the roles of the design professional of record (DPR) and the constructor. The role of the DPR is to design and detail […]

Source: Distinguished Programs A child living in an apartment complex began experiencing breathing problems. An inspection of the apartment unit uncovered mold in the bedroom closet from a leak in the apartment unit directly above. The child developed asthma and the family filed a lawsuit against the apartment complex for the child’s bodily injuries. The […]

Source: Distinguished Programs A general contractor (GC) constructed a new office building. The windows were not sealed properly during  installation resulting in water intrusion along the windowsills and mold. The building’s owner filed a lawsuit against  the GC for mold that arose due to the faulty workmanship. Cleanup costs due to mold exceeded $250,000

Source: Distinguished Programs A high-end condominium complex was undergoing renovations in the common areas of the building. During  renovation activities, wallpaper was removed and mold was discovered. It was determined that the mold was the  result of a slowly leaking pipe behind the wall. All of the drywall adjacent to the pipe needed to be […]

Source: https://wpde.com/, August 8, 2023 By: Elizabeth Thomas South Carolina’s top prosecutor this week filed suit against some of America’s largest companies for “knowingly contaminating South Carolina’s natural resources and drinking water.” State Attorney General Alan Wilson filed the suit Monday against several companies, including DuPont and 3M, related to PFAS, also known as the forever […]

Source: Distinguished Programs An HVAC contractor installed an air handling system in a new building. Within weeks of opening, the building was forced to close as several occupants were  hospitalized with breathing difficulties. Inspection of the HVAC system found that improper installation had caused excessive condensation leading to extensive  mold growth within the ductwork. The […]

Source: Distinguished Program During the initial phases of the construction of a wood-frame apartment complex, a major storm event occurred. The building envelope was not closed at the time of the storm. Due to the unexpected nature of the storm, the open areas were not properly covered. Despite best efforts to mitigate the water intrusion […]

Source: Distinguished Programs A lending institution wanted to offer a loan to refinance a 45-story multifamily residential tower in New York. The boilers in the basement had historically been fueled by heating oil that was stored on-site in several large USTs buried beneath the basement floor. The USTs were no longer in use and had  […]

Source: Distinguished Programs A bank was looking to provide financing for the acquisition of a multi-tenant commercial shopping center in Chicago. The issue holding up the negotiations was their concern with potential environmental impacts from an on- site dry cleaner that had operated for decades prior to vacating the site in the late 1990s. A […]