Excavation

August 15, 2019

Heritage Landing Couple Says In $10 Million Lawsuit That Mold In Residence Made Them Sick, House Not Habitable

Source: https://www.chattanoogan.com, August 14, 2019

A couple that bought a condominium at the upscale Heritage Landing on the Tennessee River said mold under the house made them sick and the house no longer habitable.

Tim and Muffy Mitch are suing the Heritage Landing Condominium Association, Morris Property Management, PDM Engineering, Mack McCarley of PDM, Precise Plumbing, Charles Reynolds of Precise Plumbing, Reliable Heating and Air and Alternative Actions, Inc. Read more.

May 21, 2019

Defects in west Denver homes highlight what can happen when development outpaces everything else

Source: https://denverite.com, May 20, 2019
By: Donna Bryson

The ensuing legal tangle calls into question how city building officials ensure that developers can meet the demand for housing — and do it safely.

After the city raised safety concerns so serious that new beams had to be installed to support a row of homes in Villa Park, the owners and their builder joined to sue the engineering company. The engineers in turn blamed the city and a company contracted to review building plans.

The legal tangle spelled out in Denver District Court papers is a matter of life or death for the small building firm and, at the very least, stress for the homeowners and the engineers. It also puts a spotlight on how Community Planning and Development is managing, amid Denver’s building frenzy, to ensure that developers can meet the demand for housing — and do it safely.

The pressure is strong to get permits issued so people can have houses and offices. In a 2017 report, the Denver auditor focused on the building permitting system, noting “Denver is growing quickly, and we want to ensure the process for planning projects is effectively meeting city objectives and efficient for customers.” The auditor’s recommendations on improving efficiency urged reviews to determine whether staffing and resources were sufficient. Safety was not a focus of the report, the most recent to look at permitting.…

May 21, 2019

Ongoing asbestos cleanup forces 2 New Orleans schools to spend another year at temporary spots

Source: https://www.theadvocate.com, May 19, 2019
By: Marta Jewson

Two New Orleans charter schools will spend a second year in temporary facilities as multimillion-dollar asbestos remediation jobs stretch into another school year. The schools — Lafayette Academy in Carrollton and Rosenwald Collegiate Academy in Algiers — had previously been expected to move into their permanent buildings this fall.

In a lawsuit filed Friday, the Orleans Parish School Board claims it has spent $5 million relocating schools and programs as a result of contractors’ mismanagement at Lafayette Academy’s South Carrollton Avenue building, which was closed last summer due to an asbestos release.

The Choice Foundation, which runs Lafayette charter school, is a co-plaintiff in the suit. The foundation says it has spent $1.3 million replacing possibly contaminated furniture and equipment at the campus.

Asbestos, a commonly used building material until the 1980s, is dangerous when its fibers becomes airborne. Many old schools may contain the fire-retardant material in floor tiles and adhesive, ceiling tiles and pipe insulation. It is generally safe unless renovations or other activities disturb the material.…

February 19, 2019

Damages from Natural Gas Pipe Explosion Covered

Source: https://www.irmi.com, September 2015
By: Kent Holland

Where a natural gas pipe exploded due to construction workers disturbing it while working on an excavation project, the Wisconsin Supreme Court held that the resulting bodily injury and property damage was caused by a “pollution condition,” i.e., the escape of the natural gas, and that the contractor’s pollution liability (CPL) policy was required to pay defense and indemnity costs.

In Acuity v. Chartis Specialty Ins. Co., 861 N.W.2d 533 (Wis. 2015), Acuity Insurance was the commercial general liability (CGL) insurer for the contractor, and Chartis was the CPL insurer. Acuity defended and indemnified the contractor in four lawsuits seeking recovery for bodily injury and property damage caused by the natural gas-fueled explosion and fire. Acuity then sought recovery from Chartis, asserting that the CPL policy provided coverage for the damages because it was caused by a pollution condition.

The trial court found in favor of Acuity against Chartis—concluding that Chartis breached its duties of defense and indemnification. That decision was reversed by an intermediate state court of appeals, holding that the bodily injury (BI) and property damage (PD) were “due only to the explosion and fire, not to contacts with the escaped natural gas itself because the gas intrinsically is an ‘irritant’ or ‘contaminant’….” That decision in turn was reversed by the Wisconsin Supreme Court in the decision that is reported in this article.…

February 19, 2019

No Duty To Defend under CPL Policy for Natural Gas Pipe Explosion

Source https://www.irmi.com, July 2014
By: Kent Holland

A Wisconsin appeals court found that an insurer’s duty to defend under a contractors pollution liability (CPL) policy was not triggered by an explosion caused when a contractor hit a natural gas line. The court explained that the CPL policy only covered property damage and personal injury due to direct contact with a contaminant—such as natural gas—not from an explosion due to the leaked contaminant.

The case was brought by another insurer (Acuity) that provided the same contractor with a commercial general liability (CGL) policy that did cover damage from the explosion. Based on the decision, the CGL insurer could not require the CPL insurer to share in the costs of defense and indemnification. See Acuity v. Chartis Specialty Ins. Co.,353 Wis. 2d 554, 846 N.W.2d 34 (Wis. App. 2014).

The Insurance Dispute

Four consolidated lawsuits were brought by several plaintiffs against a contractor, Dorner, Inc., following an explosion that occurred when Dorner employees hit an underground natural gas line. The ruptured line caused an explosion and fire that destroyed a church, damaged nearby houses, and injured two employees of an electric utility company.

The contractor had a CPL policy issued by Chartis Specialty Insurance and a CGL policy issued by Acuity. Acuity provided defense and indemnification to the contractor, settling the lawsuits for about $1.5 million, plus defense costs of almost $300,000. However, from the outset, Acuity contended that Chartis was required to share in the defense and indemnification costs under its CPL policy. Chartis denied that its policy was triggered, prompting Acuity’s suit in circuit court against Chartis for breach of the policy.

February 8, 2019

San Francisco gas explosion shoots fire that burns buildings

Source: https://www.fireengineering.com, February 6, 2019

A gas explosion in a San Francisco neighborhood shot flames into the air for hours Wednesday and burned five buildings, sending panicked residents and workers fleeing into the streets.

It took utility crews more than two hours to put out the fire after private construction workers cut a natural gas line, igniting the towering flames, Fire Chief Joanne Hayes-White said. Authorities initially said five workers were missing, but the entire construction crew was found safe, and no other injuries were reported.

Officials evacuated several nearby buildings, including a medical clinic and apartment buildings, Hayes-White said. Vehicles on a busy street got rerouted as authorities cordoned off the bustling retail and residential neighborhood.

The fire damaged a building housing Hong Kong Lounge II, a popular dim sum restaurant frequented by tourists and students at the University of San Francisco that made many “best of” lists.…

September 5, 2018

Methane Explosion Injures 10, Collapses Roof at Chicago Area Water Reclamation Plant

Source: https://www.enr.com, August 30, 2018
By: Jeff Yoders

UPDATE: Worker’s torch set off methane explosion

The roof of the sludge concentration building at Chicago’s Calumet Water Reclamation Plant collapsed after an explosion Aug. 30 around 11 a.m. Ten people were hurt and successfully evacuated to area hospitals for treatment by the Chicago Fire Dept. The plant is located in south suburban Riverside and is the oldest of the seven Metropolitan Water Reclamation District of Greater Chicago wastewater treatment facilities. It opened in 1922 and provides wastewater treatment to approximately 1 million homes and businesses in southern Cook County.

According to a statement from the city/county agency, two people were trapped and were extricated from the building by Chicago Fire Department emergency crews and transported to local hospitals along with the other eight injured personnel. Firefighters to had to tunnel more than 40 ft through the rubble to extract one of the trapped, injured workers; that rescue took nearly two hours.…

July 12, 2018

Toxic soil claims stall San Francisco shipyard development

Dive Brief:

  • Kofi Bonner, co-chief operating officer of Five Point Holdings, developer of the Hunters Point Shipyard/Candlestick Point project on and around the site of a former U.S. Navy shipyard in San Francisco, told the San Francisco Chronicle that the project will be delayed for years due to uncertainty around potentially radioactive soil that is scaring off investors and potential homebuyers.
  • Developers still aim to build more than 12,000 homes, 300 acres of parks, offices, schools and retail developments on the site, but many of those plans were stymied after claims that soil tests and cleanup records completed for the property were falsified. Two former employees of Tetra Tech, which was hired to perform the environmental work under a $250 million contract, pleaded guilty to fabricating soil-related documentation and were sentenced to prison. The Navy, which still has possession of the Hunters Point property, with the exception of one section, Parcel A — which was supposedly never exposed to the Navy’s radiological operations at the shipyard — will not release the land to the city or developers until the soil gets the all-clear through retesting. Officials said they will start testing Parcel A as well.
  • Lennar has built approximately 450 homes on Parcel A, where residential construction continues. Bonner said the company will focus on the Candlestick Point portion of the development, where site and utility work is currently underway without the shadow of potentially toxic soil. Approximately 7,200 residential units, 300,000 square feet of commercial development and a 200-room hotel have been approved for the site, according to Bisnow, but the company in April scuttled plans for a 635,000-square-foot shopping mall, citing a downturn in the brick-and-mortar retail market.
April 25, 2018

GAS LEAK IN SAN FRANCISCO HARMS 16

Source: http://norcal.news, April 25, 2018
By: Bethany Klein

When most people think of environmental disasters in the San Francisco Bay Area, they almost certainly think of earthquakes, seeing that there are two major fault lines near San Francisco.

However, even though earthquakes can wreak immeasurable, unpredictable havoc, they are certainly not always to blame for sending people to hospitals.

Gas leaks are.

On Monday, April 23, 2018, a gas leak at a homeless shelter at roughly 11 a.m. Pacific Savings Time caused people to feel severely nauseous. Construction workers had been digging in an alleyway right before the leak started spreading gas vapor throughout the area with.…

April 17, 2018

Sickened Coal Ash Cleanup Workers Seek Justice From Tennessee Valley Authority Contractor

Source: http://www.truth-out.org, April 17, 2018
By: Sue Sturgis

At the same time the Trump administration is seeking to roll back regulations designed to protect people and the environment from toxic coal ash, hundreds of workers who cleaned up the nation’s largest-ever coal ash spill and claim it sickened them are still waiting for their day in court.

A team of attorneys has filed lawsuits in federal court on behalf of 53 dead and sick workers against Jacobs Engineering, a Fortune 500 government contractor hired by the Tennessee Valley Authority (TVA) to clean up following the spill of over a billion gallons of coal ash from a holding pond at the federally-owned corporation’s Kingston power plant in eastern Tennessee on Dec. 22, 2008. The spill inundated a nearby residential community and contaminated the Emory and Clinch rivers with coal ash, which is laden with heavy metalsradioactive elements, and other health-damaging contaminants. The disaster also spurred the federal regulations now targeted for rollback.

After the USA Today Network-Tennessee published an investigation into conditions at the cleanup site, more workers came forward with similar stories of lung disease, cancers, and skin conditions. Since then, the attorneys involved in the case filed a new lawsuit in state court on behalf of an additional 180 dead or sick workers.

The federal lawsuit is expected to get underway later this year. It was delayed in part due to a fire at the offices of the plaintiffs’ attorneys, the cause of which remains unknown.

While the Environmental Protection Agency (EPA) wanted the cleanup workers to be given protective gear, it met resistance from Jacobs Engineering and The Shaw Group, the Louisiana-based government contractor hired by TVA for technical advice on the project. Workers say the companies downplayed the dangers of coal ash and seemed concerned about alarming the public.

In the end, the EPA signed off on a safety plan that did not require workers to be given protective suits and that made it difficult for them to qualify for a respirator or even a dust mask — and the companies resisted implementing even that.

“Jacobs’ site safety manager, Tom Bock, and TVA site supervisor Gary McDonald both have admitted refusing workers’ requests for respirators and dust masks in violation of the plan’s rules on the approval process,” the USA Today Network-Tennessee reported.

Warnings Were Given

The news network’s reporting on the Kingston cleanup recounted the dangerous working conditions at the spill site, with tornados of coal ash blowing across the landscape and workers eating atop coal ash heaps with only bottled water to clean themselves. However, it did not get all of the facts right. This is how the first story in the series opened:

It was the nation’s largest coal ash spill, and it would bring a stampede of government supervisors, environmental advocates, lawyers, journalists, politicians and contractors to Kingston, Tenn.

But not one of them asked why the hundreds of blue-collar laborers cleaning up the mess weren’t wearing even basic dust masks.

It’s not true that no one visiting the disaster site inquired into the workers’ safety.…