Source: http://www.constructionrisk.com, February 2011 By: J. Kent Holland, Jr. A Limitation of Liability clause (LoL) in a contract was upheld by a court notwithstanding allegations that the project owner had acted in bad faith in its treatment of the contractor.  It was held to apply, however, only to the damages that would be awarded under […]

Source: http://www.nwitimes.com, December 14, 2015 By: Keith Benman Gary/Chicago International Airport has entered into a “milestone” agreement with state regulators to contain decades-old contamination and keep it from migrating into the Grand Calumet River. As part of the agreement, the airport has agreed to extend a concrete culvert that loops around the northwest end of […]

Source: vindicator (Youngstown, OH), December 12, 2015 Posted on: http://www.advisen.com The Ohio Environmental Protection Agency had a public meeting this week in the village regarding complaints of a rotten-eggs smell emanating from the Lafarge Lordstown Construction Recovery Landfill on Palmyra Road. Dina Pierce, Ohio EPA spokeswoman, said her agency, the Trumbull County Board of Health, […]

Source: http://www.constructionrisk.com, July 2011 By: J. Kent Holland Where the developer of an apartment complex brought suit against a professional engineering firm, seeking damages allegedly resulting from the negligent design of the storm water drainage system for the complex, the court granted a partial summary judgment based on a limitation of liability (LoL) clause in […]

Source: http://jacksonville.com, December 12, 2015 By: Terry Dickson BRUNSWICK | The EPA and Hercules Inc. have agreed on a plan for another round of cleanup of toxaphene that is contaminating the creeks and marshes adjacent to what is now the Pinova chemical plant. Although regulators and the company are in agreement, the neighbors don’t like […]

Source: http://www.sandiegouniontribune.com, December 11, 2015 By: Joshua Emerson Smith San Diego firm sues on behalf of cities facing expensive cleanups to remove PCB chemicals In a move that might give corporate America chills, a San Diego-led legal team is testing a strategy aimed at expanding companies’ liability for cleaning up pollutants — even if those […]

Source: http://www.constructionrisk.com, October 2013 An architect’s contract containing a limitation of liability clause (LoL) was enforced to grant a partial summary judgment limiting the architect’s liability to $70,000 in the face of a $4.2 million claim for damages due to structural problems that required a nearly completed hotel to have to be demolished. The U.S. […]

Source: http://www.cleveland.com, December 9, 2015 By: John Harper COPLEY TOWNSHIP, Ohio — A stubby beige brick building sits in the middle of a roughly-paved parking lot near the corner of Copley and Jacoby roads, unremarkable as mid-century strip malls tend to be. But this innocuous looking place is to blame for one of the most serious environmental disasters in Summit County, […]

Source: http://www.constructionrisk.com, October 2013 Where a limitation of liability clause in a design professional contract would limit a homeowner’s claim against its designer to the total fee for services, the plaintiff sought to avoid the affects of the clause by asserting that the designer had acted with gross negligence in drafting plans that resulted in […]

Source: http://www.latimes.com, December 7, 2015 By: Emily Alpert Reyes Los Angeles City Atty. Mike Feuer announced Monday he was suing Southern California Gas Co. over how it has handled a natural gas leak that has sent sickening fumes into the Porter Ranch area, spurring hundreds of families to leave their homes. The lawsuit alleges that […]

Source: http://www.dailyjournal.net, December 4, 2015 By: Annie Goeller A Franklin company is working with the state on a plan to remove years-old contamination from its property. An Indiana Department of Environmental Management investigation found contamination on the property of Reed Manufacturing Services, 1056 Eastview Drive. The investigation was started to trace back contamination that was […]

Source: http://www.njtvonline.org, December 8, 2015 By: Brenda Flanagan This is part one of a three-part series delving into the issue of oil and gasoline contamination from leaking underground storage tanks and the impact on homeowners and the environment. “It was something out of a fantasy dream. A nightmare, almost, but it was really happening.” Eliot […]