RT ECP: Claims - Contr Pollution Liab

February 1, 2024

Chemical leak leads to extended closure, damage at Swamp Daddy’s

Source: https://www.keloland.com/, February 1, 2024 By: Bridget Bennett The Downtown Sioux Falls Burger Battle wrapped up Wednesday, but one of the most popular burgers was not available for the final two days of the competition. Swamp Daddy’s is closed after some major damage to the building. “It literally looked like something out of a scene […]

January 19, 2024

Carbon monoxide leak at Yale construction site leaves 14 hospitalized

Source: https://yaledailynews.com/, January 18, 2024 By: Natasha Khazzam & Arela Lopez Fourteen people were hospitalized with carbon monoxide poisoning on Wednesday morning following a construction-site gas leak at 73 Howe St. Emergency responders determined that the Yale-hired construction firm, Babbidge Construction Company, had not been using carbon monoxide detectors. The carbon monoxide exposure originated from […]

August 9, 2023

Office Building

Source: Distinguished Programs A general contractor (GC) constructed a new office building. The windows were not sealed properly during  installation resulting in water intrusion along the windowsills and mold. The building’s owner filed a lawsuit against  the GC for mold that arose due to the faulty workmanship. Cleanup costs due to mold exceeded $250,000

August 7, 2023

Heating, Ventilation and Air Conditioning

Source: Distinguished Programs An HVAC contractor installed an air handling system in a new building. Within weeks of opening, the building was forced to close as several occupants were  hospitalized with breathing difficulties. Inspection of the HVAC system found that improper installation had caused excessive condensation leading to extensive  mold growth within the ductwork. The […]

August 7, 2023


Source: Distinguished Program During the initial phases of the construction of a wood-frame apartment complex, a major storm event occurred. The building envelope was not closed at the time of the storm. Due to the unexpected nature of the storm, the open areas were not properly covered. Despite best efforts to mitigate the water intrusion […]

August 3, 2023


Source: Distinguished Programs A plumbing contractor installed a water circulation system in a new high-rise hotel. Several months after the hotel opened, guests became ill from legionella pneumophila. An investigation determined that the cause was water  stagnating within the pipes due to improper installation of the system by the contractor. Hotel guests filed a lawsuit  […]

August 3, 2023


Source: Distinguished Programs A roofing contractor replaced a roof at a commercial building. A waterproofing seal was sprayed on the roof prior to the completion of the work. Several weeks following the application of the waterproofing seal, many of the building’s  tenants complained of respiratory problems and other irritations. The problems the tenants were experiencing […]

August 3, 2023

Mechanical Contractor

Source: Distinguished Programs A mechanical contractor was performing maintenance services on a hydraulically driven conveyor system within a manufacturing facility. The system was not locked out appropriately and a hydraulic release occurred when a fitting  was removed. The hydraulic fluid was released into a drain that was situated adjacent to the system and discharged  into […]

July 27, 2023

Electrical Contractor

Source: Distinguished Programs As part of the renovations of a historic building, an electrical contractor installed new electrical lines. The installation required several holes to be cut in the ceiling. Due to the age of the building, the insulation was asbestos-containing.  By cutting into the ceiling, the contractor unknowingly disturbed and released asbestos fibers throughout […]

July 27, 2023

General Contractor (GC)/Underground Storage Tank (UST)

Source: Distinguished Programs A GC was constructing a new office building. One level of subsurface parking was included in the construction plans.  During excavation activities, the GC struck a former UST with a backhoe resulting in the release of the remaining  contents of the tank. It was determined that the UST was associated with a […]

July 26, 2023

Utility Contractor

Source: Distinguished Programs A utility contractor was replacing a municipal water line to a commercial building. During the excavation of the old line, the contractor struck an adjacent sewer  line, causing the release of sewage into the basement and the surrounding area. Costs to clean up the sewage were close to $300,000.

July 26, 2023

Street and Road Contractor

Source: Distinguished Programs A street and road contractor was responsible for repaving a major highway that was adjacent to a creek. At the end of the day, a tack coat was sprayed onto the  sub-base prior to paving activities, which were to commence the following day. An overnight thunderstorm washed the tack coat into the […]

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