Claims – Contr Pollution Liab

April 18, 2019

Architects dropped from public housing lawsuit over mold

Source: https://www.seacoastonline.com, April 18, 2019
By: Elizabeth Dinanc

An architectural firm has been dropped from a lawsuit alleging faulty construction caused mold in apartments at the Wamesit Place public housing complex, while a related suit is ongoing at Superior Court, and the dispute is scheduled for mediation.

The lawsuit was filed by Portsmouth attorney John Bosen, on behalf of the Wamesit Place Family Housing Limited Partnership, and claims mold remediation at the apartments has required a “massive” amount of work and the temporary relocation of some residents. The Portsmouth Housing Authority manages the 100-unit Wamesit Place apartments on Greenleaf Avenue and its director Craig Welch previously told the Portsmouth Herald he can’t discuss ongoing litigation, but would say no residents’ health is at risk.

In a joint statement, filed with the U.S. District Court of New Hampshire, Bosen and attorney Clara Lyons for Portland Builders Inc. reported that allegations previously brought against Goduti-Thomas Architects were “entirely dismissed.”…

April 11, 2019

Lawsuit filed against firms in Fraser sewer collapse

Source: https://www.detroitnews.com, April 9, 2019
By: Sarah Rahal

A lawsuit has been filed against three companies in connection with a sewer line collapse in Fraser that cost $75 million to repair.

Officials say the Macomb Interceptor Drain Drainage District filed the lawsuit Tuesday and seeks to recoup losses from the Christmas Eve 2016 collapse.

The broken line along 15 Mile caused a football field-sized sinkhole. Three houses had to be condemned. The sinkhole displaced more than 20 families during the holiday and closed a section of 15 Mile on the border between Fraser and Clinton Township for nearly all of 2017, officials said.

Macomb Public Works Commissioner Candice Miller said earlier this year that an assessment determined a quick release of waste and water into a sewer line fractured the pipe, which drew in sand and created a void in the surrounding soil.

A lawsuit has been filed against three companies in connection with a sewer line collapse in Fraser that cost $75 million to repair.

Officials say the Macomb Interceptor Drain Drainage District filed the lawsuit Tuesday and seeks to recoup losses from the Christmas Eve 2016 collapse.…

April 2, 2019

Completion of high school project delayed another year

Source: AXA XL Environmental

To achieve the completion date on a school project, the GC accelerated its schedule, allowing the drywall contractor to start before the building envelope was completed. Rain damaged a majority of the installed drywall as well as the materials stored on site. This resulted in $2 million in repair costs and associated delay costs, borne by the GC.…

April 2, 2019

Local bank faces both asbestos and mold cleanup

Source: AXA XL Environmental

A GC renovating a bank hired an asbestos abatement contractor. As part of their final cleanup process on a Friday, the abatement contractor utilized a high-pressure wash, resulting in saturated carpets, ceilings and walls. Materials remained saturated over the weekend while the HVAC system remained turned off. The GC was greeted with extensive mold growth throughout the building on Monday morning, and ultimately a $600,000 bill to correct the damage. Although the GC ensured that the subcontractor retained pollution insurance, the subcontractor had a mold exclusion on their policy, leaving the entire cost on the shoulders of the GC.…

April 2, 2019

Renovations at school result in bodily injury claims

Source: AXA XL Environmental

A GC was renovating an elementary school. During the course of work, dust from concrete cutting set off the fire alarms. Parents of students filed a claim against the general contractor for bodily injury due to fear of contracting silicosis. Although the GC was not held liable for causing a pollution incident, defense costs exceeded $50,000.…

April 2, 2019

Contractor causes property damage to building

Source: AXA XL Environmental

A GC used muriatic acid while performing concrete etching in a commercial building. The highly corrosive fumes from the acid were not properly contained and were released into the building damaging the newly installed chrome fixtures. As a result, the GC was responsible for $75,000 in property damages.…

April 2, 2019

Contractor destroys company’s heating/air conditioning system

Source: AXA XL Environmental

A GC removed lead-based paint from a commercial building. The contractor isolated the work areas with containment; however, the HVAC system was not disconnected. The dust generated from the lead removal operations clogged the heating coils of the HVAC system in the building. The contractor was liable for replacing the HVAC system and the associated disruption of business in the building.…

April 2, 2019

City workers sickened

Source: AXA XL Environmental

A GC was renovating a municipal government building and did not properly contain the area to minimize seepage of fumes from materials utilized and emissions from gas-powered generators and equipment. Ten separate bodily injury claims were filed when employees complained of headaches, nausea and respiratory  problems due to unsafe air quality conditions from exposure to toxic fumes and airborne contaminants. An air quality study was conducted and the contractor was held responsible for causing the building-related illnesses.…

April 2, 2019

Homeowner finds sewage in drinking water

Source: AXA XL Environmental

A subcontractor improperly tied-in sewage piping during installation causing raw sewage to migrate into the underlying ground, contaminating a nearby water well. The general contractor was subject to defense costs exceeding $25,000 as well as property damage and bodily injury claims.…

April 2, 2019

Employees are hospitalized after installation of new carpets

Source: AXA XL Environmental

A GC installed new carpeting in an office building. One week after installation, the building owner informed the contractor that employees were complaining of headaches and dizziness. This was attributed to the odors from the new carpets. The general contractor could not prove that the manufacturer of the carpet
or the carpet adhesive was responsible; thus, the contractor was left with the claim. The GC filed a claim with their general liability carrier. The claim was denied due to the fact that “hazardous materials” such as formaldehyde and volatile organic compounds associated with the carpeting and adhesives are pollutants.…