Source: http://www.lexology.com, October 23, 2014 By: Anthony B. Cavender, Pillsbury Winthrop Shaw Pittman LLP On October 20, 2014, the U.S. Court of Appeals for the Tenth Circuit unanimously affirmed the lower court’s ruling that the commercial liability insurance policies purchased by Headwaters Resources, Inc. contained unambiguous “pollution exclusion” provisions which excluded Headwaters’ demand that its […]

Source: http://www.jdsupra.com, October 24, 2014 By: Gilbert Lee, Sedgwick LLP In State Farm Fire & Casualty Co. v. McDermott, 2014 WL 5285335 (E.D. Pa. Oct. 15, 2014), a federal court recently held that an insurer has no duty to defend or indemnify its insured against an underlying construction defect lawsuit containing causes of action sounding […]

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 […]

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 […]

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 […]

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 […]

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 […]