General Contractors

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.…

March 21, 2018

Contractors strikes gas main in Mercer County

Source: http://6abc.com, March 19, 2018

A contractor struck a six-inch gas main in Hamilton Township, Mercer County on Monday.

Calls starting coming in around 1 p.m. for a strong smell of gas in the area of the township known as Five Points.

The intersection was closed and traffic was being diverted through the neighborhoods.

Chopper 6 was over the scene as workers fixed the main.

No injuries have been reported.…

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.…