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, […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Source: http://www.freep.com, October 12, 2014 By: Keith Matheny Michigan’s increasing role in petroleum products transport doesn’t just pose potential risk; it’s already causing problems. An oil pipeline operated by Canadian oil transport giant Enbridge burst near Marshall in July 2010, resulting in the largest inland oil spill in U.S. history. The spill decimated Talmadge Creek, […]

Source: http://www.northjersey.com, October 14, 2014 By: Joe Malinconico Facing cleanup costs that could exceed $1 million, municipal officials say they are hiring an environmental consultant to help them address the piles of debris that accumulated over the years at the city-owned Montgomery Street yard. One of the key questions the company, DeFeo Asociates, is being […]

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, […]

Source: http://www.bizjournals.com, October 14, 2014 By: Salem Solomon A new lawsuit alleges that the condominium tower Signature Place in St. Petersburg has numerous construction and design defects. The 36-story residential building is the tallest in St. Petersburg, the Tampa Bay Times said. The suit filed last week in Pinellas County Circuit Court alleges problems including: […]