RT ECP News Center

August 14, 2023

Camp Lejeune water contamination cases increasingly becoming wrongful death claims as lawsuits proceed at a crawl

Source: https://www.cnn.com/, August 13, 2023 By: Brianna Keilar and Margaret Given Last year, Eddie Peterson lost consciousness at his home in Memphis and stopped breathing. His wife, Lori, saved his life, performing CPR on him until paramedics arrived. Peterson has Parkinson’s. His 76-year-old body is failing him, and has been for decades, but his mind […]

August 14, 2023

Underground Storage Tanks/Insurance Coverage: Federal Court Addresses Timing Issue

Source: https://www.jdsupra.com/, August 14, 2023 The United States District Court (M.D. Florida) (“Court”) addressed in a June 23rd Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc. v. Nautilus Insurance Company, No. 3:21-CV-1104-BJD-PDB, 2023 WL 4227568, at *2 (M.D. Fla. June 23, 2023). The issue considered […]

August 11, 2023

Commercial – HVAC

Source: Distinguished Programs A veterinary office was a tenant in a commercial office park. HVAC repairs were made within the building, and both  workers and customers complained of headaches and nausea due to vapors from sealants used during repairs. The  commercial office park was evacuated as a precaution until the fumes were gone; however, several […]

August 11, 2023

Chemical – Dry Cleaner

Source: Distingished Programs A dry cleaner located in a strip mall filed for bankruptcy leaving behind contamination in the soil and groundwater,  which led to an indoor air issue from soil vapor. The cleanup became the responsibility of the property/strip mall  owner. The owner was required by the state regulatory agency to complete the cleanup […]

August 11, 2023

Chemical/Manufacturing

Source: Distinguished Programs A chemical manufacturing plant caught fire, emitting hazardous vapors into the air and hazardous liquids into the soil and groundwater. The air vapors and groundwater migrated to a number of nearby third-party properties. A  class action lawsuit was filed by the neighboring community for property damage and bodily injury. In addition to  […]

August 10, 2023

Industrial/Manufacturing

Source: Distinguished Programs The owner of a warehouse/industrial park was notified by the state environmental regulatory agency that it had received a complaint regarding groundwater contamination at a neighboring site. An investigation revealed that a  former tenant of the park caused the contamination by discharging production wastewater into a nearby storm  sewer. The former tenant […]

August 10, 2023

Retail Shopping Center

Source: Distinguished Programs A commercial retail center received complaints from tenants about musty odors coming from the basement storage  areas. During a maintenance inspection, it was determined that the basement drains were not able to drain properly  due to the build-up of sediments within the pipes causing water to back up into the storage areas. […]

August 10, 2023

Delegated Design In A Design-Bid-Build Project Delivery Approach The Professional Liability Conundrum

Source: https://www.lexology.com/, August 3, 2023 By: David A. Pogorilich and Eric Brodfuehrer, Ankura Consulting Group, LLC The inclusion of “Delegated Design” scopes of work into the construction documents of a construction project blurs the roles of the design professional of record (DPR) and the constructor. The role of the DPR is to design and detail […]

August 9, 2023

Apartment

Source: Distinguished Programs A child living in an apartment complex began experiencing breathing problems. An inspection of the apartment unit uncovered mold in the bedroom closet from a leak in the apartment unit directly above. The child developed asthma and the family filed a lawsuit against the apartment complex for the child’s bodily injuries. The […]

August 9, 2023

Office Building

Source: Distinguished Programs A general contractor (GC) constructed a new office building. The windows were not sealed properly during  installation resulting in water intrusion along the windowsills and mold. The building’s owner filed a lawsuit against  the GC for mold that arose due to the faulty workmanship. Cleanup costs due to mold exceeded $250,000

August 9, 2023

Condominium

Source: Distinguished Programs A high-end condominium complex was undergoing renovations in the common areas of the building. During  renovation activities, wallpaper was removed and mold was discovered. It was determined that the mold was the  result of a slowly leaking pipe behind the wall. All of the drywall adjacent to the pipe needed to be […]

August 8, 2023

South Carolina seeks payout over contaminated waterways, exposure to ‘forever chemicals’

Source: https://wpde.com/, August 8, 2023 By: Elizabeth Thomas South Carolina’s top prosecutor this week filed suit against some of America’s largest companies for “knowingly contaminating South Carolina’s natural resources and drinking water.” State Attorney General Alan Wilson filed the suit Monday against several companies, including DuPont and 3M, related to PFAS, also known as the forever […]

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