Source: JDSupra, July 3, 2012 By: Trenam Kemker Attorneys A recent decision of the Florida 1st District Court of Appeal has held[1] that a landowner who purchased commercial property with known existing underground petroleum contamination failed to qualify for both the so-called “Innocent Purchaser Defense” and the “Acts of Third Parties” defenses to liability under the […]

Source: Lodi News-Sentinel, June 27, 2012 Posted on: http://envfpn.advisen.com A Lodi bakery has agreed to pay $1.3 million in fines and new equipment after an investigation discovered that the business was releasing harmful chemical vapors into the air. According to a press release from the Environmental Protection Agency, Ralcorp’s Cottage Bakery, located on South Stockton […]

A general contractor retained an architect in a design/build delivery system to design, procure materials and construct a structural retaining wall at a residential subdivision. The design lacked a proper drainage system, and the wall settled and cracked due to hydrostatic pressure. The owner sued for damages in excess of $500,000 due to necessary underpinning […]

A design build/delivery system was retained by commercial developer for the construction of a multi-story office building. The GC’s project manager failed to check the adequacy of the safety netting system installed in connection with the project’s roof installation. A worker fell and sustained serious injuries. His attorney alleged inadequate safety controls and monitoring on […]

A civil engineering firm was hired by a GC/developer to delineate wetlands on a high-end residential development project. During the first phase of the project, the GC was made aware that the engineer miscalculated the wetland area, jeopardizing the placement of seven homes already under construction. Typically when these situations arise, additional property is purchased […]

A construction manager and architect, retained by a developer through a “single point of responsibility” contract, engineered, designed and constructed a 70-story office tower. Architectural drawings specified a curtain-wall system. Two years after completion, one  fell from the face of the office tower, killing a pedestrian. The victim’s estate sued all parties involved in the tower […]

Source: http://www.agentsofamerica.org By: Michael Zigelman, Esq. and Kirsten Ennis, Esq. of Kaufman Dolowich Voluck & Gonzo LLP Although New York City real estate landlords and co-op and condo board members typically do not inhabit the properties they own and manage, a recent First Department decision gives them reason to fear the impact of mold infestation. After […]

Source: XL Group Insurance, Construction Insider By: Laura Wagner, Vice President Construction Practice Construction activities pose a variety of environmental risks. Construction equipment and materials brought to the jobsite, including fuels, solvents, adhesives, concrete, paint, pesticides, sealers, thinners, and waterproofing agents, all have the potential for environmental impact if mishandled or stored improperly. Water intrusion […]

Source: XL Group Insurance, Construction Insider By: Cathy Cleary, Esq., AIC, RPLU, CRIS, Executive Underwriter, Environmental They say a fine wine gets better with age–a claim however does not. Most insurance policies require the insured contractor to provide their insurance carrier with notice of a claim made against that carrier “immediately”,” promptly” or “as soon […]

A contractor renovated the interior of a residential house built in the 1950s. The renovation involved paint removal from interior walls, window trim and door jambs. During the course of renovation, the contractor used a plastic barrier to seal the areas he was working in. The homeowners continued to occupy the house during renovations. Additionally, […]

Read here about a popular candy maker who has agreed to a nearly $600,000 settlement in Clean Water Act Violations.

Read here about a Pennsylvania builder who was fined over $700,000 for pollution.