Claims – Contr Pollution Liab

January 5, 2018

Mariner East 2 construction has resulted in dozens of spills, documents show

Source: https://stateimpact.npr.org, July 19, 2017
By: Susan Phillips

Construction of Sunoco Pipeline’s $3 billion 350-mile long Mariner East 2 pipeline resulted in at least 61 drilling mud spills from April 25 through June 17, 2017, according to newly released documents. The spills have occurred in ten of the 12 counties along the route and range from minor releases of five gallons to larger more serious releases of tens of thousands of gallons. The documents, pasted below, include reports of “inadvertent returns,” and were released by the Department of Environmental Protection as part of ongoing litigation by the Clean Air Council challenging the department’s issuing of water crossing permits for the project last February.

The Council wants the Environmental Hearing Board to suspend construction while its case is pending review, but has so far been unsuccessful.

The spills primarily contain bentonite, a muddy clay substance used as a lubricant in drilling beneath waterways during horizontal directional drilling. Bentonite is non-toxic but can do damage to drinking water wells by clogging up an aquifer. A recent incident in Chester County forced 15 families to switch to bottled water and the company has since agreed to pay to hook residents up to the public water supply after some resident’s water wells went dry, and others experienced cloudy water.…

January 5, 2018

Sunoco Working To Contain Spill Linked To Pipeline

Source: http://philadelphia.cbslocal.com, July 18, 2017
By: Ian Bush

A week after Sunoco agreed to address concerns that its pipeline construction was tainting well water in one Chester County community, two new problems have cropped up — this time, in part of Media, Delaware County.

Its plastic barrier and hay bales, are no match for the deluge along Martins Lane and Glen Riddle Road in Middletown Township.

A spokesman for Sunoco’s Mariner East 2 pipeline calls it a “considerable amount of groundwater” pouring from the drill pad.

He notes no reports of problems with public or private water sources.

It’s the same spot that saw what the company calls “an inadvertent return of drilling mud” — a mixture of water and bentonite clay used to lubricate the underground horizontal boring equipment.

About 1,500 gallons spilled into Chester Creek. Crews worked to pump out that mud.

The state Department of Environmental Protection says there’s no health risk, no reported fish kills from the non-toxic mixture, and no expected long-term impact to the creek.…

January 5, 2018

Pennsylvania Shuts Down Construction On Sunoco Gas Pipeline

Source: http://philadelphia.cbslocal.com, January 3, 2018
By: Jim Melwert

The Pennsylvania Department of Environmental Protection has ordered all construction work to be halted on the $2.5 billion natural gas pipeline that runs from western Pennsylvania to Delaware County’s Marcus Hook.

A 24-page report from DEP cites numerous permit violations by Sunoco on the Mariner East 2 pipeline and suspends all construction permits until the company meets the requirements outlined in the order.

DEP Secretary Patrick McDonnell says in a press release, “Until Sunoco can demonstrate that the permit conditions can and will be followed, DEP has no alternative but to suspend the permits.”…

November 9, 2017

Prepare for the Storm of Construction Claims From the 2017 Hurricane Season

Source: https://www.claimsjournal.com, November 8, 2017
By: James P. Koelzer Partner, Clyde & Co. and Holly S. Harvey Partner, Clyde & Co.

The aftermath of this year’s hurricanes includes massive reconstruction across the impacted areas, which in turn creates an increased possibility for construction defect claims that would affect the liability insurance market.

When Hurricane Harvey swept over large portions of Texas, wind, rain and floods caused heavy damage to land, buildings and other improvements, and also to the inventory of lumber yards and other suppliers. Hurricane Irma then did much the same in Florida. Hurricanes Irma and Maria devastated Puerto Rico, which has additional challenges in getting ready to rebuild due to its island setting and financial situation. Louisiana and other states have also suffered, most recently from tropical storm Nate. Subsequent storm events across the southeastern United States are forecast.…

October 17, 2017

Construction dust concerning Montgomery County residents

Source: http://wnyt.com, October 13, 2017

Residents of the town of Florida in Montgomery County contacted NewsChannel 13 this week. They’re concerned about a massive Dollar General distribution center being built in their backyards – literally.

They told us that in recent weeks they’ve noticed large clouds of white dust over the site and said it’s been blowing onto their properties. They’re worried it could be hazardous and asked us to investigate.

The construction site off Route 5S in the town of Florida is a busy one. A parade of trucks and machinery criss-cross the 100-acre parcel seven days a week from dawn to dusk.

“They usually start about 7:00 in the morning,” noted Pat Holt.

She has a front row seat to all the activity happening a few hundred feet behind her home. She and her neighbors have voiced concerns before, but she says they were assured the impact would be limited. Just a few weeks ago, she noticed big clouds of dust over the site, which she says wound up falling on her property.

“The wind a lot of times will blow out of the south, so we do get a fair amount of it over here,” she explained. “We keep the windows and doors closed most of the time so it doesn’t get in the house.”

October 9, 2017

Wisconsin appellate court denies insurance coverage to a contractor because work was performed on a building that had synthetic stucco.

Source: https://www.natlawreview.com, September 30, 2017

A slew of lawsuits has plagued the construction industry regarding the use of exterior insulation and finish systems, also known as EIFS or synthetic stucco. Insurance companies were historically required to pay money towards those claims under standard commercial general liability policies. As they did in response to lawsuits involving asbestos and environmental contamination, insurance companies reacted by changing their policy language to limit or eliminate their liability for synthetic stucco claims.

The Wisconsin Court of Appeals, in Kaitlin Woods Condominium Association v. Nautilus Insurance Company, enforced a broad reading of the synthetic stucco exclusion in favor of the insurance company, and against a general contractor that developed multiple condominiums. In that case, the owner of the condos claimed that the general contractor’s poor management of the construction and subcontractor’s defective work resulted in water leakage through the exteriors of condo buildings, causing property damage. An endorsement to the insurance policy excluded coverage for claims of defective work on any part of the exterior of a building on which synthetic stucco had been applied.…

September 19, 2017

Neighbors Furious Home With Asbestos Was Demolished Without Safety Precautions

Source: http://boston.cbslocal.com, September 18, 2017
By: Ken MacLeod

There are health concerns in a Wilmington neighborhood after a construction crew started tearing down a house filled with asbestos, without following the proper safety procedures.

The issue was so bad; the Department of Environmental Protection was summoned to oversee things. When neighbors complained, it did bring about change.

Dave Norton worries about his granddaughter and his neighbors after the demolition triggered a cloud of asbestos dust.…

July 5, 2017

Radium detected in soil from Lake Success site

Source: http://theislandnow.com, July 1, 2017

Lockheed Martin is cleaning up contamination at this office complex at 1111 Marcus Ave. in Lake Success. (Photo from Google Maps)

Lockheed Martin must test for radioactive materials at a Lake Success office building it owns after radium was found in soil being removed from the site, state authorities said Friday.

Three of four samples from the affected truckload of soil tested positive for radium on June 27 at levels beyond what is naturally occurring, the state Department of Environmental Conservation said in a news release.

The contamination “poses no threat to drinking water in the area,” the agency said.

“There were no radiation readings before the excavation began, and there is minimal risk of exposure,” Mékell Mikell, a Lockheed Martin spokeswoman, said in a statement. “The worksite area is fenced and secured from the public.”

The DEC ordered Lockheed Martin, a national defense contractor, to check for radium, uranium and other radioactive materials in its 17 wells at 1111 Marcus Ave. and submit a “comprehensive analysis” of any prior use of radioactive materials there, the department said.…

June 27, 2017

Condo liability law loosened

Source: http://www.duluthnewstribune.com, June 25, 2017
By: Brooks Johnson

A homeowners association is suing the developer, builder and manager of the Superior Vista condominiums, among others, claiming the Mesaba Avenue complex was not properly built and ought to be repaired under warranty.

“Many areas of the building were not built to applicable building code, industry standard and/or engineering specifications … all of which is allowing for excessive water intrusion, deterioration and decay,” reads the suit by the Superior Vista Homeowners Association filed in St. Louis County District Court last fall.

It’s exactly the kind of suit that some say has discouraged new condo development in recent years, and one that could become less common due to a change in state law that passed the Legislature earlier this year.

“The number of townhomes and condos being built have dramatically dropped, in part because of this legal landscape,” said David Siegel, executive director of the Builders Association of the Twin Cities. “If the liability is so great, and the costs are so great, we’re just going to stay away.”

Legislation pushed by Siegel’s group aims to slow down the liability lawsuits by requiring homeowner association membership to vote on such suits; require a maintenance record kept by the association; and mandate mediation before a suit is launched.

“We needed to put guardrails in,” Siegel said. “We don’t want to take away the ability to remedy the problems, but there are less expensive solutions that can solve the problems.”

June 27, 2017

Dakota Access builder bungling Ohio pipe

Source: http://www.journalgazette.net, June 25, 2017
By: Catherine Traywick

Energy Transfer Partners is making a mess of its biggest project since the Dakota Access pipeline.

Construction of the $4.2 billion Rover natural gas line has caused seven industrial spills, polluted fragile Ohio wetlands and angered local farmers. The company owes $1.5 million in restitution after demolishing a historic house.

The Ohio Environmental Protection Agency is furious and a federal energy regulator has launched a rare public investigation that threatens to delay the pipeline’s scheduled Nov. 1 completion.

“We’ve not seen a project in Ohio with spills at this size and scale, and if we can’t even trust Rover to construct this pipeline, how can we trust them to operate it when it’s complete?” said Heather Taylor-Miesle, executive director of the Ohio Environmental Council.

Energy Transfer, the Dallas-based company led by billionaire Kelcy Warren, promised part of the 713-mile pipeline would open in July, but work is stalled on key segments until the company’s responsibility for the spills can be assessed by the Federal Energy Regulatory Commission, or FERC.

“We are working with FERC and the OEPA to resolve these issues in a manner that is satisfactory to everyone involved, and most importantly ensures the complete remediation of these areas,” said Energy Transfer spokeswoman Alexis Daniel. Recent developments have not affected the project’s timeline, Daniel said.

Any delay would pinch natural gas producers that contracted to ship on the line, which will bring resources from the Marcellus shale to the Midwest.…