Source: Great American Environmental Division, May 2013 During excavation of a trench for the installation of an underground pipe, the excavation contractor struck a 3-inch water line, resulting in the release of 30,000 gallons of water. The water ran to a storm drain and eventually to a local creek, causing increased turbidity, pH and chlorine […]

Source: Great American Environmental Division, May 2013 A General Contractor (CC) completed the construction of a senior care facility in 2009. The owners recent inspection revealed water intrusion and mold contamination throughout the building with damages expected to exceed $1.3 million. Experts were retained and inspections revealed multiple construction defects. $575,000 in damages were determined […]

Read here about the owners of a former paper mill site in Montana who are against designating the area as a Superfund site.

Read here about a Kansas pipeline company that has been sued by some residents over water contamination.  

Source: Times Record (Fort Smith, AR), May 24, 2013 Posted on: http://envfpn.advisen.com Three lawsuits were filed this week in Sebastian County Circuit Court against Whirlpool Corp. seeking monetary damages for harm caused by a chemical that leaked into a nearby neighborhood. One lawsuit represents a trio of homeowners; another was filed on behalf of landlords […]

Source: http://www.lexology.com, May 17, 2013 By: David Erickson and Mark Anstoetter, Shook Hardy & Bacon LLP A federal court in Wisconsin has ruled that a defendant in a cost-recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) failed to establish that the harm at issue was divisible and thus could not limit […]

Source: Environmental Law Solutions, May 13, 2013 By: Andrew Brought If you manage or perform renovations, repairs, or painting activities on the exterior or interior of public building or commercial buildings, you should be aware that EPA is currently evaluating whether and how to regulate such activities in public buildings or commercial buildings constructed before […]

Facts: The insured provided architectural design services for a single floor high-end renovation condominium project ($7.5M renovation budget).  After the project was completed the insured was owed $65,000 in fees.  When architect requested the outstanding fees, the owner (a wealthy, high-profile figure) indicated that he was unhappy with a number of features of the condominium, […]

Facts: Insured provided architectural services, including construction administration with review of payment applications to a church assembly group. Contractor abandoned the project after receiving $1.1 million in funds for material. Contactor could not be located at the time the lawsuit was filed, had no insurance and was bankrupt. Alleged damages in excess of $2 million. […]

Facts: Insured, structural engineer, designed a 2 story deck for a 3 unit condo complex. While standing on the deck, the railing came off and plaintiff fell 30 feet to the street making him paraplegic (he was intoxicated at the time of the incident). Claimed damages $37 million for future lost wages, pain and suffering, […]

Facts: Insured provided structural engineering services in connection with a structural podium, which was to support a 4 story wood frame condo. Insured contracted directly with the developer/GC. The insured discovered that there were beams, which were undersized in the structure. Claim against the insured: Initially it was believed that beams were undersized and needed […]

Facts: Insured, architect, was retained to design a new sanctuary, social hall, office space and community gathering area for a Synagogue project. The Congregation claimed that the building did not meet the objectives and functionality of the Congregation, the applicable building codes were not followed and there were ADA concerns. The building received numerous design […]