RT ECP: Articles

August 15, 2023

They found lead in their apartment complex. But who is responsible?

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 […]

August 15, 2023

Construction Defects in Commercial Property That Lead to Legal Action

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 […]

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 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 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 […]

August 4, 2023

Tenants file class action lawsuit against toxic Glendale apartment owner

Source: https://www.wisn.com/, August 3, 2023 By: Caroline Reinwald Residents in a Glendale apartment complex have filed a class action lawsuit against the complex owners after elevated levels of a toxic, cancer-causing chemical were discovered inside. In July, the North Shore Health Department issued an emergency evacuation order for six units in Building 3 of the Lydell […]

August 4, 2023

PFAS Liability and Insurance: Potential Avenues to Mitigate Exposure for PFAS Risks through Insurance

Source: https://www.lexology.com/, July 31, 2023 By: Aleksandra Kaplun, Joseph M. Englert and Adam G. Sowatzka, McGuire Woods LLP Manufacturers face an ever increasing risk of liability exposure for pollution caused by polyfluoroalkyl substances, commonly known as “PFAS.” In early June this year, it was reported that 3M, as have other large chemical manufacturers, settled pending litigation […]

July 27, 2023

From Builder’s Risk to Environmental Liability, Insurance Is Key to the Future of Brownfield Redevelopment

Source: https://riskandinsurance.com/, July 22, 2023 By: Gregory DL Morris Environmental justice is one of the major driving forces in the rehabilitation of idle industrial sites. Such brownfield redevelopment is being championed by the Environmental Protection Agency (EPA), as well as several states. In April of this year, for example, the New Jersey Environmental Justice Law, signed […]

July 26, 2023

Risk Management Strategies for Contractors

Source: https://learn.aiacontracts.com/, July 7, 2023 By: Nicole DeNamur, Esq., Owner, Sustainable Strategies The design and construction industries inherently carry some level of risk.  Good contract management and appropriate insurance are core risk management strategies that every contractor should practice. In addition to these tools, there are other, complementary and cost-effective strategies that contractors can consider […]

July 25, 2023

Design Liability: Claims and Recovery

Source: https://www.irmi.com/, July 21, 2023 By: American Global This article is the second installment in our series about design liability on design-build (DB) projects. 1 After going over the procurement phase, we will now dig deeper into the types of claims that have arisen between contractors and their designers and the circumstances behind them. 2 While they are […]

July 25, 2023

Key PFAS Considerations For Real Estate Transactions

Source: https://www.mondaq.com/, July 24, 2023 By: Arthur Siegal, Taft Stettinius & Hollister On October 18, 2021, EPA issued its “PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024.” This roadmap sets out EPA’s action plan for minimizing the release of PFAS into the environment. On September 6, 2022, EPA proposed to designate Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid […]

July 25, 2023

Expecting new PFAS standards, Hastings officials wonder how they’ll pay for water treatment project

Source: https://www.startribune.com/, July 24, 2023 By: Erin Adler Hastings officials are puzzling over how to fund a $62 million water treatment project to scrub “forever chemicals” from the city’s water supply — and they’re doing it without the millions of dollars from a 3M Co. settlement that other east metro cities have received. Three new […]

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