Source: https://ctmirror.org/, August 15, 2023 By: Ginny Monk Katy Slininger could see the crumbling plaster above her son’s Lego set. She could see what appeared to be moss creeping up the wall of her apartment’s basement as moisture leaked in. She could see the gaps where the wood floor hadn’t quite been finished. But she […]

Source: https://www.digitaljournal.com/, August 15, 2023 Commercial construction defects are defined by Texas law as poor workmanship in a projects design. It can cause structural failure, damage to property or person, and financial harm to several parties. Standard of Care All parties in a given project, including architects, electricians, carpenters, and laborers, are expected to adhere to […]

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 […]

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 […]

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 […]

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 […]

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 […]

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  […]

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 […]

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. […]

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 […]

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 […]