RT ECP: Articles

April 5, 2023

Reporting CPrL Claims and Achieving Successful Outcomes

Source: https://www.irmi.com/, March 17, 2023 By: Jeff Slivka Many contractors professional liability (CPrL) insurance claims are denied simply on the basis that the error, incident, and/or circumstance was reported after the date required within the insured’s policy. As a result, CPrL insurance holders should be well-versed in all the facets of their policies, especially the […]

April 4, 2023

Kentucky sues ‘forever chemical’ manufacturers for polluting natural resources

Source: https://www.wkms.org/, April 3, 2023 By: Ryan Van Velzer Kentucky is suing manufacturers of ‘forever chemicals’ for contaminating the state’s natural resources. A 2012 medical study of nearly 70,000 people in Parkersburg, West Virginia, found exposure to one particular forever chemical known as PFOA likely contributed to a range of health problems including birth defects, cancer, […]

April 4, 2023

Crackdown on ‘forever chemicals’ would add to utilities’ exposures

Source: https://www.businessinsurance.com/, April 4, 2023 By: Claire Wilkinson A proposal by the U.S. Environmental Protection Agency to impose federal limits on a group of chemicals known as PFAS in drinking water under the Safe Drinking Water Act would bring added liability and regulatory risks for utilities and municipalities. Public water system operators and other potentially […]

April 4, 2023

US sues railway company over Ohio derailment, contamination

Source: https://rollcall.com/, March 31, 2023 By: Ryan Tarinelli and Michael Macagnone The federal government filed a lawsuit against Norfolk Southern Corp. over last month’s train derailment in East Palestine, Ohio, pointing out that the company’s operating costs on safety-related measures have dropped over the past four years. The Justice Department filed the complaint Thursday on behalf […]

April 3, 2023

Maine Sues Manufacturers Over Forever Chemical Contamination

Source: https://www.insurancejournal.com/, March 31, 2023 By: David Sharp Maine’s attorney general is suing manufacturers of so- called forever chemicals that have contaminated farms and wells, contending they knew about the toxicity decades ago but concealed the information from the public. Two lawsuits targeting DuPont, 3M and others seek to recover costs to investigate, mitigate and […]

April 3, 2023

Firefighting Foams, Aqueous Film-Forming Foam (AFFF), and PFAS

Source: https://business.libertymutual.com/ What is aqueous film-forming foam? Aqueous film-forming foam (AFFF) is a type of firefighting foam that is used to extinguish flammable liquid fires (Class B fires). AFFF has been used since the  1960s and is considered the gold standard to suppress Class B fires quickly and reliably. AFFF has received scrutiny because it […]

April 3, 2023

Progressive Design-Build a Hot Contracting Topic That’s Gaining Attention

Source: https://www.consensusdocs.org/, March 7, 2023 Engineering News-Record (ENR) Magazine recently wrote a thought-provoking article entitled “Will Claims by Contractors on Big Design-Build Projects Ever End?” Progressive design-build is mentioned as a means to address some of the critiques that design-build faces today. Progressive design-build has attracted increasing usage on larger projects, especially horizontal construction (i). So is progressive […]

March 31, 2023

Trends in Project Delivery Methods in Construction

Source: https://www.consensusdocs.org/, March 7, 2023 By: Sarah B. Biser, Partner and Co-Chair of the Construction Law and International Arbitration Practice Groups, Fox Rothschild LLP The three key measures of a construction project’s success are cost, quality, and time (delays). The project delivery method that the owner of the project selects can affect each of these […]

March 31, 2023

4 Ways to Mitigate Construction Disputes

Source: https://www.consensusdocs.org/, March 8, 2023 By: Bill Shaughnessy, Partner, Jones Walker LLP Resolving construction disputes in litigation (court or arbitration) can be expensive and may drag on for years. Most disputes could have been avoided, or at least mitigated, had the parties (both owners and contractors) identified contract risks during negotiations and been more proactive […]

March 31, 2023

The Consequences of Consequential Damages In Construction Contracts

Source: https://www.consensusdocs.org/, March 6, 2023 By: Brian C. Padove, Partner, Tieder, Hoffar, & Fitzgerald, LLP Whether it is an owner, contractor, or subcontractor, when construction entities enter into contracts their general focus is typically on a few interrelated goals: completing the project on time, within budget, and making a profit. An often-overlooked aspect of contracting, […]

March 29, 2023

Ohio River Disaster as Barge With Tons of Toxic Methanol Sinks

Source: https://www.newsweek.com/, March 29, 2023 By: Aleks Phillips A barge carrying 1,400 tons of methanol, a toxic substance, is among those to have crashed on the Ohio River near Louisville, Kentucky, on Tuesday and is partially submerged. The Louisville Metropolitan Emergency Services (LMES) said that shortly after 2 a.m. ET a vessel towing 11 barges […]

March 29, 2023

Fish kill at Minnesota nuclear plant raises contamination concerns

Source: https://menafn.com/, March 28, 2023 A state regulator in Minnesota has revealed that hundreds of fish have died in the wake of a radioactive leak at the Xcel Energy Monticello Nuclear Generating Plant near Minneapolis. According to the Minnesota Pollution Control Agency (MPCA), the shutdown of the plant following the leak caused an estimated 230 […]

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