An $8 mm settlement was reached on a claim involving the design, engineering and testing of the reverse osmosis and pre-treatment systems for a desalination plant. Several claims were filed involving the failure of the dual sand filtration system and improper feasibility assessments. Claimant asserted negligence in design, architectural and engineering services, including the design […]

A claim alleging negligence and design error was issued against a design/build contractor, resulting in a $4.5 million settlement not including high defense costs.  Elevated levels of mold were discovered in the HVAC system at a convention center and hotel.  The owner demanded remediation and repair to all the HVAC units throughout the hotel to prevent […]

 A claim was settled against a design/build firm for $24 million alleging various defects and deficiencies in a newly constructed printing plant.  Initial allegations of damage were $300 million.  Problems arose with the concrete, fire protection, electrical, and HVAC systems.  The client continues to incur costs to repair the defects.  The design/build contractor sought recovery of […]

Source:  New York Times Online, April 30, 2004 By:  Eric Lipton Intentional disregard or plain indifference by one of the main subcontractors at the Tropicana Casino and Resort expansion project, as well as serious violations by three other companies, caused the death of four workers and the injury of 20 others when the garage they […]

Read here about OSHA’s decision to fine four companies in a deadly bridge collapse.

Source: New York Times Online, December 21, 2010 The Environmental Protection Agency plans to begin inspecting school buildings in New York City next month for contamination with the toxic chemicals known as PCBs in response to a pilot study that found that the substance was leaking from old light fixtures in some schools. The decision […]

Source: http://envfpn.advisen.com Two companies have recently agreed to pay approximately $28 million to clean up a polluted bayou as well as settle environmental claims. The settlement includes cleanup of a portion of a bayou, past damage to an estuary, and restoration to a wildlife refuge. The final details of the agreement are being finalized but […]

Source:  http://envfpn.advisen.com In the weeks after a lightning strike knocked out the air conditioning unit at a Wisconsin elementary school, humidity built up in the school and mold began to appear in various areas of the building. The district’s insurance company rejected the approximately $415,000 bill that the district sought for mold removal that caused […]

A rail car refurbishing company was interested in acquiring a rail services company that included five rail car servicing facilities in three states. Our retail broker partner solicited New Day’s assistance to design a Pollution Legal Liability (PLL) program to address legacy as well as new environmental issues on, at, under or migrating from the […]

A prominent General Contractor/Construction Manager recently took advantage of the availability of limits and the overall soft market. The expiring limits were $2 million/$2 million for Professional/ Pollution coverage. Considering the number of projects and the type of work done – as well as some previous claims activity – the decision was made to increase […]

Source: www.businessinsurance.com, December 20, 2010 By: Jeff Casale Insurers don’t have to pay a series of Chinese drywall-related homeowners’ claims, a federal judge ruled, hinging his decision on two policy exclusions. On Dec. 16, U.S. District Court Judge Eldon Fallon in New Orleans granted 10 insurers’ motions to dismiss the claims in the case, In […]

Publication Date 04/05/2010 Source: Sacramento Bee (CA) El Dorado Hills residents face increased risks of disease from exposure to naturally occurring asbestos, but asbestos levels don’t appear to be high enough to warrant an extensive health study, according to federal health officials. A “health consultation” report released last week by the Agency for Toxic Substances […]