RT ECP: Articles

September 4, 2024

Limitation of Liability: What Is It? Why Is It Beneficial?

Source: https://www.oswaldcompanies.com/, August 22, 2024 By: Tim Shumrick Disaster strikes. A design flaw becomes apparent during construction administration. Tempers flare between a design professional on the project and the project owner. Exasperated over the prospect of rework, a pushed-back schedule, and general disruption to project progress, the project owner files a claim against the design […]

September 4, 2024

NY sues Cuomo Bridge builders over allegedly faulty cables

Source: https://www.constructiondive.com/, September 3, 2024 By: Julie Strupp The New York State Thruway Authority is suing the builders of the Mario Cuomo Bridge to get them to pay for retrofitting dozens of stay cables that it says didn’t meet durability requirements, according to the lawsuit filed Aug. 22 in the New York State Supreme Court in […]

August 30, 2024

Chemical leak reported on Industrial Boulevard in Gainesville

Source: https://www.fox5atlanta.com/, August 29, 2024 At approximately 9:20 a.m. Thursday, Hall County Fire Rescue, along with five units from Gainesville Fire Department, responded to a chemical leak at Predictive Food Safety on Industrial Boulevard. The incident was reported after employees at U.S. Pipe Fabrication, located across the road, experienced symptoms consistent with chemical exposure, leading […]

August 30, 2024

The Initial Decision Maker: Coordinating the Owner-Architect and Owner-Contractor Agreements

Source: https://www.jdsupra.com/, August 23, 2024 By: David Peden & Gabriel Rincon, Porter Hedges LLP Coordination between the Owner-Architect Agreement and the Owner-Contractor Agreement is crucial for any successful project. In particular, parties most commonly overlook the provisions related to an Initial Decision Maker (“IDM”).  When the fight breaks out, there are usually conflicting claims whether […]

August 29, 2024

Ector County residents sue over chemical fire they say has contaminated the area

Source: https://www.keranews.org/, August 29, 2024 By: Mitch Borden After a fire erupted at an industrial facility on the outskirts of Odessa earlier this summer, some nearby residents are now suing over the environmental contamination they say it’s causing. Earlier this week, 19 Ector County residents and one business filed a lawsuit against the owners of […]

August 28, 2024

Is DCPA the Next Emerging Contaminant?

Source: Allied World Risk Management On August 6, 2024, the U.S. Environmental Protection Agency (USEPA) announced an Emergency Order (see link below) for the suspension of all registrations of the preemergent herbicide1 dimethyl tetrachloroterephthalate (DCPA or Dacthal) under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). The suspension of DCPA is based on the studies […]

August 27, 2024

Fire Suppression Foam Spill May Cause Water Contamination Problems in Brunswick, Maine

Source: https://www.aboutlawsuits.com/, August 26, 2024 By: Irvin Jackson Maine environmental officials indicate that at least 1,450 gallons of fire suppression foam, which contains toxic per- and polyfluoroalkyl substances (PFAS), was accidentally released into the state’s water supply earlier this month, raising concerns about potential health risks among residents of Brunswick, Maine. The Maine Environmental Protection […]

August 27, 2024

3 Things Contractors Can Do to Help Protect Themselves from Pollution and Professional Liability Risks

Source: https://riskandinsurance.com/, August 21, 2024 By: Westfield Specialty When it comes to pollution and professional liability risks, the landscape is often evolving, this can be especially true for contractors who are working different jobsites with different needs. For an excavation crew or a site prep contractor, digging underground can uncover chemicals and other pollutive materials, […]

August 26, 2024

6 sustainability trends impacting commercial properties: Cushman & Wakefield

Source: https://www.constructiondive.com/, August 21, 2024 By; Nish Amarnath As environmental regulations for commercial buildings and properties tighten across the U.S., green leases and technologies offer owners and operators opportunities to reduce their portfolios’ carbon footprints, generate cost savings and further align with ESG goals. Challenges with monitoring and managing scope 3 emissions, however, continue to pose […]

August 26, 2024

How preconstruction can ease cost and supply chain challenges

Source: https://www.constructiondive.com/, August 21, 2024 By: Sebastian Obando The importance of an effective preconstruction process has never been more apparent, said Brett Poulos, national director of preconstruction and estimating at Burns & McDonnell, a Kansas City, Missouri-based construction company. Construction input prices increased again in July largely due to price hikes in petroleum and natural […]

August 26, 2024

LA to pay $20.8 million for discharging untreated wastewater into Santa Monica Bay

Source: https://abc7.com/, August 20, 2024 The city of Los Angeles has agreed to pay $20.8 million to fix issues at the Hyperion Water Reclamation Plant and to complete related environmental projects linked to the discharge of millions of gallons of wastewater into Santa Monica Bay in 2021, officials announced Tuesday. Hyperion, the city’s oldest and […]

August 23, 2024

Construction Defects Are Not Covered Property Damage in Commercial Liability Policy

Source: https://www.insurancejournal.com/news/east/2024/08/16/788623.htm, August 16, 2024 By: Andrew G. Simpson A home builder is not covered under the property damage coverage in its commercial liability policy for construction defects for which it was responsible. A three-judge panel of the Massachusetts Appeals Court has held for the first time that “construction defects, standing alone, do not constitute […]

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