RT ECP: Articles

October 23, 2014

City to Spend $1.6M to Treat Tainted Park Soccer Fields

Source: http://www.athleticbusiness.com, October 2014 by: Lucas Sullivan, The Columbus Dispatch Columbus will spend about $1.6 million to clean up a Near East Side park where contaminants from an old fertilizer plant were found in the soil. Last night, the Columbus City Council unanimously approved spending $309,000 for engineers to design a drain system for the […]

October 22, 2014

Understanding Design Defect Legal Liability

Source: http://www.constructionbusinessowner.com, October 20, 2014 By: Burns Logan Design and construction services on projects are more integrated now than ever before. As construction and design firms are using BIM software and other resources to improve construction efficiency, that integration is only going to increase. Owners, contractors and designers must understand their potential liability for design […]

October 22, 2014

City sues over land sale near bridge for $7M

Source: http://www.detroitnews.com, October 17, 2014 The city is suing the owners of a dilapidated plant in the footprint of the proposed public Detroit-Windsor bridge listed for $7 million. The city’s law department on Thursday sued GJL Enterprises, the owner of 111 Military, hoping a Wayne County circuit judge will order a cleanup of the half-demolished […]

October 22, 2014

Columbus spending more money to clean up toxic park

Source: http://www.dispatch.com, October 21, 2014 By: Lucas Sullivan Columbus will spend about $1.6 million to clean up a Near East Side park where contaminants from an old fertilizer plant were found in the soil. Last night, the Columbus City Council unanimously approved spending $309,000 for engineers to design a drain system for the new soil […]

October 22, 2014

Construction defect claims: What’s at stake, who’s at risk

Source: http://www.propertycasualty360.com, October 14, 2014 By: Barry Zalma Construction defect suits are now flooding the courts of North America in greater numbers every year. The majority of construction defect suits and appellate decisions arise in a few litigious jurisdictions but are spreading across the country like Kudzu. The courts of Texas, Florida, New York, Colorado, […]

October 17, 2014

Palladium engineer agrees to $800K legal settlement

Source: http://www.ibj.com, October 17, 2014 The Carmel Redevelopment Commission has accepted an $800,000 settlement offer from the engineering firm that reviewed plans for the Palladium concert hall’s roof, inching closer to resolving a years-long legal dispute over its flawed design. Indianapolis-based Lynch, Harrison & Brumleve Inc. is not named in the multimillion-dollar lawsuit the CRC […]

October 17, 2014

Offshore oil platform owner agrees to $1 million fine for unauthorized oil, chemical discharges

Source: http://www.nola.com, October 16, 2014 By: Mark Schleifstein ATP Infrastructure Partners, LP, the owner of a floating oil platform that was tethered to a wellhead 125 miles south of New Orleans until earlier this year, has agreed to pay a $1 million fine to settle a federal lawsuit over illegal discharges of oil and dispersants. The Environmental […]

October 16, 2014

Economic Development Corp. “Deep” into Clean-Up at former Howe’s Leather Site

Source: http://gantdaily.com, October 15, 2014 By: Jessica Shirey The Clearfield County Economic Development Corp. (CCEDC) is “deep” into the clean-up of the former Howe’s Leather tannery site, according to Rob Swales, CCEDC chief executive officer. The site spans 26.5 acres in Curwensville Borough. It’s recognized as a brownfield site by the state Department of Environmental […]

October 16, 2014

EPA wants Navy to help fix former dump

Source: http://www.kitsapsun.com, october 15, 2014 By: Christopher Dunagan In a clash of two federal agencies, the Environmental Protection Agency has ordered the Navy to take care of a hazardous garbage dump along Highway 3 about two miles southwest of Gorst. The 5.7-acre dump, previously known as the Bremerton Auto Wrecking Landfill, has collapsed several times […]

October 15, 2014

South Carolina Appellate Court holds “your work” exclusion precludes coverage for cost of repairs

Source: http://www.lexology.com, October 1, 2014 By: Phelps Dunbar LLP The South Carolina Court of Appeals recently held that a “your work” exclusion excluded coverage for cost of repairs related to the insured’s subcontractor’s use of defective sealant tape in construction.  Precision Walls, Inc. v. Liberty Mut. Fire Ins. Co., 2014 WL 3610895 (S.C. Ct. App. July […]

October 15, 2014

Eighth Circuit holds Arkansas statute requiring coverage for faulty work cannot be applied retroactively

Source: http://www.lexology.com, October 1, 2014 By: Phelps Dunbar LLP The U.S. Eighth Circuit Court of Appeals has held that an insurer properly denied coverage of claims arising out of a contractor’s alleged faulty work under a policy in force prior to the passage of Ark. Code. §23-79-155, which mandates that policies define “occurrence” to include […]

October 15, 2014

Environmental claims: the gift that keeps on giving

Source: http://www.lexology.com, October 10, 2014 By: Vicki R. Harding, Pepper Hamilton LLP Asarco LLC v. Goodwin, 756 F.3d 191 (2nd Cir. 2014) – A reorganized company (Asarco) sought contribution for payment of environmental claims from beneficiaries of trusts created under John D. Rockefeller’s will. The district court dismissed the claims, and Asarco appealed to the 2d […]

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