RT ECP News Center

April 8, 2016

California Unfolds Contractor's Professional Negligence Claim Against Geotechnical Engineer in Absense of Privity

Source: http://www.natlawreview.com, http://www.natlawreview.com, April 6, 2016 Within the past two years California courts have recognized negligence claims against professional engineers and architects in the absence of privity. First, in Beacon Residential Community Assn. v. Skidmore, Owings & Merrill LLP, 59 Cal.4th 563; 173 Cal.Rptr.3d 372; 327 P.3d 850 (2014), where the court found residential design […]

April 5, 2016

Environmental cleanup proposed for Green Lake site

Source: http://www.ecy.wa.gov, April 4, 2016 Redevelopment plan first addresses contaminated soil and groundwater SEATTLE – Cleanup work could begin as soon as this spring on a contaminated site near Green Lake in Seattle under a proposed legal agreement between the Washington Department of Ecology and the property owner. Ecology seeks public comment on the agreement, […]

April 5, 2016

California Upholds Contractor’s Professional Negligence Claim against Geotechnical Engineer in the Absence of Privity

Source: http://www.lexology.com, April 1, 2016 By: Scott R. Murphy, Barnes & Thornburg LLP Note: This article appears in the April 2016 edition of Barnes & Thornburg LLP’s Construction Law Update e-newsletter. Within the past two years California courts have recognized negligence claims against professional engineers and architects in the absence of privity. First, in Beacon […]

April 4, 2016

Real estate developer settles lead and asbestos charges

Source: http://www.businessinsurance.com, March 29, 2016 By: Gloria Gonzalez The U.S. Department of Labor has settled charges with a New York state real estate developer and management company related to exposure to lead and asbestos hazards for $700,000. The U.S. Occupational Safety and Health Administration cited Wingdale, New York-based Olivet Management L.L.C., now known as Dover […]

April 4, 2016

Construction Contractors Face Expanding Professional Liability and Cyber Risks

Source: http://www.prnewswire.com, March 31, 2016 Chubb Advises on How to Manage New Exposures Created by Technology and Changing Business Models As construction contractors incorporate project design and digital technologies into their businesses, Chubb has issued an advisory to help them understand and manage emerging professional liability and privacy and network security exposures. Co-authored by two […]

April 4, 2016

Property Owners and Landlords Beware: Personal Injury From Lead-Based Paint Ingestion Is Excluded From Coverage Under Commercial General Liability Insurance Policy’s “Pollution” Exclusion Provision

Source: http://www.lexology.com, March 31, 2016 By: Jordan W. Jacob, Berger Singerman LLP Property owners and landlords should be aware that if a tenant or others are injured as a result of poisoning from lead or other substances which are defined as “pollutants,” there is a good chance that your liability insurance policy does not provide […]

March 31, 2016

AIG settles claim with Miami Marlins on ballpark construction

Source: http://www.miamitodaynews.com, March 29, 2016 By: Susan Danseyar The Miami Marlins, Miami-Dade County and City of Miami will share in an insurance payout for a disputed environmental claim over ballpark construction that was settled for far more than had initially been offered. AIG Specialty Insurance Co. has agreed to provide a settlement of $2,910,142.13 to […]

March 30, 2016

Real estate developer settles lead and asbestos charges

Source: http://www.businessinsurance.com, March 29, 2016 By: Gloria Gonzalez The U.S. Department of Labor has settled charges with a New York state real estate developer and management company related to exposure to lead and asbestos hazards for $700,000. The U.S. Occupational Safety and Health Administration cited Wingdale, New York-based Olivet Management L.L.C., now known as Dover […]

March 29, 2016

Former EPA lead investigator in Pavillion releases study linking fracking to water contamination

Source: http://trib.com, March 29, 2015 By: Benjamin Storrow More than four years after he penned the explosive report linking fracking to contaminated drinking water outside of Pavillion, Domenic DiGiulio is releasing the study he always hoped the U.S. Environmental Protection Agency would: A rebuttal to the years of criticism levied against federal investigators. The study […]

March 29, 2016

U.S. Steel agrees to pollution fixes in settlement with Allegheny County

Source: Pittsburgh Tribune-Review, March 26, 2016 Posted on: http://www.advisen.com U.S. Steel Corp. agreed to make fixes at its Clairton Coke Works to address ongoing air pollution problems as part of a settlement with Allegheny County that has already cost the company nearly $4 million in fines. Despite a series of amended agreements between the Downtown-based […]

March 29, 2016

Design Errors Exception to the Economic Loss Doctrine

Source: http://www.lexology.com, March 23, 2016 By: Carly Miller, Bradly Arant Boult Cummings LLP A recent Pennsylvania case, Gongloff Contracting, LLC v. L. Robert Kimball & Assocs., Architects and Engineers, Inc., sheds light on circumstances in which design errors can lead to damages in tort as courts recognize exceptions to the economic loss doctrine for such […]

March 28, 2016

Insurer Has No Duty in Georgia Lead Paint Suit

Source: http://www.bna.com, March 21, 2016 By: Peter Hayes A pollution exclusion relieves an insurer of the duty to defend claims that a child ingested lead-based paint in a rental property owned by the policyholder, the Georgia Supreme Court ruled March 21. Lead-based paint unambiguously qualifies as an excluded “pollutant” under an absolute pollution exclusion in […]

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