General Contractors

February 19, 2018

MVP’s contractor ran into environmental problems during construction of other pipelines

Source: http://www.roanoke.com, February 17, 2018
By: Laurence Hammack

Pipeline Problem Map -- USEA construction company hired to build the Mountain Valley Pipeline worked on three similar projects that were cited by environmental regulators, who found mountainsides turned to muddy slopes and streams clogged with sediment.

The three developers of the natural gas pipelines, two in West Virginia and one in Pennsylvania, failed to comply with plans to control erosion, sediment or industrial waste, according to enforcement actions taken by state regulators.

Precision Pipeline, a Wisconsin company that is a primary contractor for Mountain Valley, played a role in the construction of the earlier projects.

Opponents of the Mountain Valley project fear that the pipeline will bring the same problems to Southwest Virginia, which features mountainous terrain similar to that in West Virginia and Pennsylvania where pipelines were built.

Those worries were heightened by news that the same contractor will be doing the work.

“I have huge concerns about this company being hired,” said Carolyn Reilly, a pipeline opponent who lives along its proposed route in Franklin County.

“There’s already so much distrust with Mountain Valley,” Reilly said. Relying on Precision Pipeline, she said, “just breeds more mistrust.”

February 2, 2018

2017 Construction Industry Silica Standards Are Here to Stay

Source: https://www.lexology.com, January 24, 2018
By: Smith Currie & Hancock

In 2016, the Occupational Safety and Health Administration (“OSHA”) published its final rule lowering the permissible silica exposure level (“PEL”) from 250 µg/m3 to 50 µg/m3. In response, OSHA received petitions from both a collection of industry petitioners (“Industry”) arguing that OSHA made the regulation too stringent and several union petitions (“Unions”) arguing that OSHA failed to make the regulation stringent enough to protect workers. On December 22, 2017, the United States Court of Appeals for the District of Columbia rejected all of the industry’s challenges to the regulation. See N. Am.’s Bldg. Trades Unions v. Occupational Safety & Health Admin., No. 16-1105, 2017 WL 6543858 (D.C. Cir. Dec. 22, 2017). The court further held that OSHA failed to adequately explain its decision to omit medical removal protections from the regulation and remanded the issues for further consideration.

At the forefront of the court’s opinion, it outlines 29 U.S.C. §655(f), “the substantial evidence standard”, under which OSHA only needed to provide substantial evidence to uphold the requisite threshold finding of a significant risk of material health impairment that will be reduced by the new PEL (50 µg/m3). Under this standard, while OSHA must rely upon a “body of reputable scientific thought” when assessing risk, it is not required to “calculate the exact probability of harm” or support its findings with anything approaching scientific certainty.” [pg 8]. “OSHA is not precluded from relying on imperfect evidence so long as it ‘recognize[s] and account[s] for the methodological weaknesses’ of the evidence.” [pg 14]. The basis of the court’s holding is that the Industry failed to demonstrate how OSHA failed to meet its substantial evidentiary burden.…

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.…

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.…

June 22, 2017

What turned Ellerbee Creek orange?

Source: http://www.heraldsun.com, June 21, 2017
By: Virginia Bridges

City officials think the substance that turned part of Ellerbee Creek an oily orange last week may have been due to a city contractor’s mistake.

A city investigation found a city contractor improperly rerouted water meant to go to the city’s sanitary sewer system to a stormwater line, which flows into the creek. Contractor Crowder Construction was working at the Williams Water Treatment Plant on Hillandale Road.

City officials started looking into the issue Thursday, June 15, after receiving a report of the creek’s discoloration on the city’s stormwater hotline, where people can report pollution. The roughly 20-mile-long creek flows into Falls Lake, Raleigh’s primary drinking water supply.

Patrick Hogan, a city water quality technician, said the substance resembled a naturally occurring iron-oxide bacteria rarely found in a flowing stream.

Hogan walked the creek and found a break in the color near an outfall pipe, he said. He looked at maps of the drainage network, which led him to the treatment plant and the improperly routed pipe.

March 17, 2017

Asbestos Found At Controversial Gravesend Bay Waste Transfer Station

Source: http://bklyner.com, March 27, 2017

Construction has been temporarily halted after workers found asbestos at a former incinerator site in Gravesend, where a new waste facility is slated despite vehement protests from local pols and residents.

On March 1, workers excavating at the upcoming Southwest Brooklyn Marine Waste Transfer Station saw what tests later confirmed to be asbestos — contrary to repeated claims from the City that the site had been properly cleaned up, according to Assembly Member William Colton.

“The Sanitation Department was never able to produce the required Certificate of Closure for the incinerator that used to be there and we knew this was a red flag,” said Colton. “Yet the New York State Department of Environmental Conservation (NYSDEC) just took their word that the area had been properly decontaminated. Now they found asbestos there. What else is in there that we do not know about?”

DSNY managers immediately contacted Community Board 11 for a project update and removal steps, including surfacing the area with heavy-duty asphalt. “We’ll be in constant communication with the community board about this issue,” project manager Shavonne Williams told BKLYNER.…

March 10, 2017

Plaintiffs in $4.7 million construction defect case mum after ruling

Source: http://norcalrecord.com, February 28, 2017
By: Charmaine Little

Plaintiffs in a major construction lawsuit that ended with a San Diego law firm recovering nearly $5 million have decided to stay silent after the ruling was in their favor.

The law firm, which represented Laurel Bay Community Association, won $4.7 million in the case that was filed Aug. 21, 2013, against the developer and converter, Hammer Development LLC and Hammer Laurel Condominiums LLC. The suit was also a complaint against the original contractors, Simpson Laurel Bay LP, SHLP Laurel Bay LLC and GWC Contractors LP. The development was slated to be a new apartment complex in 2004 before it was turned into a set of residential condominiums in 2005.

Commercials Metal Company is listed as one of the primary plaintiffs in the high-profile case. It refused to speak on the $4.7 million ruling.

“We do not comment on litigation matters,” Susan Gerber, manager of public relations for Commercial Metals Company, told the Northern California Record.