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 […]

Source: https://www.wisn.com/, August 3, 2023 By: Caroline Reinwald Residents in a Glendale apartment complex have filed a class action lawsuit against the complex owners after elevated levels of a toxic, cancer-causing chemical were discovered inside. In July, the North Shore Health Department issued an emergency evacuation order for six units in Building 3 of the Lydell […]

Source: https://www.lexology.com/, July 31, 2023 By: Aleksandra Kaplun, Joseph M. Englert and Adam G. Sowatzka, McGuire Woods LLP Manufacturers face an ever increasing risk of liability exposure for pollution caused by polyfluoroalkyl substances, commonly known as “PFAS.” In early June this year, it was reported that 3M, as have other large chemical manufacturers, settled pending litigation […]

Source: Distinguished Programs A plumbing contractor installed a water circulation system in a new high-rise hotel. Several months after the hotel opened, guests became ill from legionella pneumophila. An investigation determined that the cause was water  stagnating within the pipes due to improper installation of the system by the contractor. Hotel guests filed a lawsuit  […]

Source: Distinguished Programs A roofing contractor replaced a roof at a commercial building. A waterproofing seal was sprayed on the roof prior to the completion of the work. Several weeks following the application of the waterproofing seal, many of the building’s  tenants complained of respiratory problems and other irritations. The problems the tenants were experiencing […]

Source: Distinguished Programs A mechanical contractor was performing maintenance services on a hydraulically driven conveyor system within a manufacturing facility. The system was not locked out appropriately and a hydraulic release occurred when a fitting  was removed. The hydraulic fluid was released into a drain that was situated adjacent to the system and discharged  into […]

Source: Distinguished Programs As part of the renovations of a historic building, an electrical contractor installed new electrical lines. The installation required several holes to be cut in the ceiling. Due to the age of the building, the insulation was asbestos-containing.  By cutting into the ceiling, the contractor unknowingly disturbed and released asbestos fibers throughout […]

Source: Distinguished Programs A GC was constructing a new office building. One level of subsurface parking was included in the construction plans.  During excavation activities, the GC struck a former UST with a backhoe resulting in the release of the remaining  contents of the tank. It was determined that the UST was associated with a […]

Source: https://riskandinsurance.com/, July 22, 2023 By: Gregory DL Morris Environmental justice is one of the major driving forces in the rehabilitation of idle industrial sites. Such brownfield redevelopment is being championed by the Environmental Protection Agency (EPA), as well as several states. In April of this year, for example, the New Jersey Environmental Justice Law, signed […]

Source: Distinguished Programs A utility contractor was replacing a municipal water line to a commercial building. During the excavation of the old line, the contractor struck an adjacent sewer  line, causing the release of sewage into the basement and the surrounding area. Costs to clean up the sewage were close to $300,000.

Source: Distinguished Programs A street and road contractor was responsible for repaving a major highway that was adjacent to a creek. At the end of the day, a tack coat was sprayed onto the  sub-base prior to paving activities, which were to commence the following day. An overnight thunderstorm washed the tack coat into the […]

Source: https://learn.aiacontracts.com/, July 7, 2023 By: Nicole DeNamur, Esq., Owner, Sustainable Strategies The design and construction industries inherently carry some level of risk.  Good contract management and appropriate insurance are core risk management strategies that every contractor should practice. In addition to these tools, there are other, complementary and cost-effective strategies that contractors can consider […]