RT ECP: Articles

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 […]

July 24, 2023

Who will clean “thousands of tiny toxic waste sites all over our cities”?

Source: https://www.marketplace.org/, July 19, 2023 By: Kai Ryssdal and Livi Burdette Electric vehicles are here to stay — and possibly, to put traditional fueling stations out of business. One 2019 study estimated that between 25% and 80% of gas stations could be unprofitable by the early 2030s. But closing gas stations and selling off the land means first cleaning […]

July 24, 2023

2 more sue landlord, city, businesses after Davenport building collapse

Source: https://www.ourquadcities.com/, July 19, 2023 By: Linda Cook Two more people who lived in the Davenport Hotel – torn down after a partial collapse on May 28 – are suing the landlord, the City of Davenport, and multiple businesses, Scott County Court records say. Jean Marie Vaval, Jr. and Christina Ross ask for a jury […]

July 20, 2023

D.C. sues more than 25 companies it says polluted city with toxic chemicals

Source: https://www.washingtonpost.com/, July 19, 2023 By: Keith L. Alexander D.C.’s attorney general has filed a lawsuit against more than 25 chemical companies, alleging they manufactured and sold products that contained dangerous chemicals that have polluted the city since the 1950s. In a complaint filed Tuesday, attorneys for the attorney general’s office alleged that companies including […]

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