Source: https://www.jdsupra.com/, August 14, 2023 The United States District Court (M.D. Florida) (“Court”) addressed in a June 23rd Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc. v. Nautilus Insurance Company, No. 3:21-CV-1104-BJD-PDB, 2023 WL 4227568, at *2 (M.D. Fla. June 23, 2023). The issue considered […]

Source: Distinguished Programs A veterinary office was a tenant in a commercial office park. HVAC repairs were made within the building, and both  workers and customers complained of headaches and nausea due to vapors from sealants used during repairs. The  commercial office park was evacuated as a precaution until the fumes were gone; however, several […]

Source: Distingished Programs A dry cleaner located in a strip mall filed for bankruptcy leaving behind contamination in the soil and groundwater,  which led to an indoor air issue from soil vapor. The cleanup became the responsibility of the property/strip mall  owner. The owner was required by the state regulatory agency to complete the cleanup […]

Source: Distinguished Programs A chemical manufacturing plant caught fire, emitting hazardous vapors into the air and hazardous liquids into the soil and groundwater. The air vapors and groundwater migrated to a number of nearby third-party properties. A  class action lawsuit was filed by the neighboring community for property damage and bodily injury. In addition to  […]

Source: Distinguished Programs The owner of a warehouse/industrial park was notified by the state environmental regulatory agency that it had received a complaint regarding groundwater contamination at a neighboring site. An investigation revealed that a  former tenant of the park caused the contamination by discharging production wastewater into a nearby storm  sewer. The former tenant […]

Source: Distinguished Programs A commercial retail center received complaints from tenants about musty odors coming from the basement storage  areas. During a maintenance inspection, it was determined that the basement drains were not able to drain properly  due to the build-up of sediments within the pipes causing water to back up into the storage areas. […]

Source: Distinguished Programs A child living in an apartment complex began experiencing breathing problems. An inspection of the apartment unit uncovered mold in the bedroom closet from a leak in the apartment unit directly above. The child developed asthma and the family filed a lawsuit against the apartment complex for the child’s bodily injuries. The […]

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

Source: Distinguished Programs A high-end condominium complex was undergoing renovations in the common areas of the building. During  renovation activities, wallpaper was removed and mold was discovered. It was determined that the mold was the  result of a slowly leaking pipe behind the wall. All of the drywall adjacent to the pipe needed to be […]

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 […]

Source: Distinguished Programs A lending institution wanted to offer a loan to refinance a 45-story multifamily residential tower in New York. The boilers in the basement had historically been fueled by heating oil that was stored on-site in several large USTs buried beneath the basement floor. The USTs were no longer in use and had  […]

Source: Distinguished Programs A bank was looking to provide financing for the acquisition of a multi-tenant commercial shopping center in Chicago. The issue holding up the negotiations was their concern with potential environmental impacts from an on- site dry cleaner that had operated for decades prior to vacating the site in the late 1990s. A […]