May 5, 2011

Moisture Problems Discovered at Abbott Memorial Library

Source: Bangor Daily News, Bangor, ME, December 16, 2006

It was a musty odor that alerted library officials to a problem at Abbott Memorial Library.

At least two air quality audits revealed nothing wrong with the air quality, but officials did find a problem with moisture in the basement, the Town Council learned Thursday.

“We have determined through a professional assessment that we have no mold,” Town Manager Judy Doore said Friday, with much relief.

Town and library officials are working together to resolve the problem, Doore said. Public Works Supervisor Mike Delaware believes the problem lies with roof drains and with a disconnected drain, she said. He is looking to redirect the roof drains and to repair the underground drain to draw the water away from the building.

Head librarian Liz Breault said Friday water has been seeping through the granite foundation that has buckled the floor. In addition, the sheetrock framing is damp.

“I feel pretty optimistic that with some good drainage we will resolve the problem,” Breault said Friday.

When the problem is corrected, the trustees plan to convert the basement into an archival room for newspapers and for an area for children. The trustees told the Town Council on Thursday they would contribute half of the $16,000 cost for a climate control system for the basement.

Doore said the Town Council already has $15,000 in a reserve account for the system

In other business Thursday, the council:

  • Learned that the popular Wild West Weekend will be held on Aug. 3, 4 and 5.
  • Agreed to combine efforts with the local American Legion and VFW to seek a grant to help with the purchase of American flags for display on utility poles on Spring and Church streets.
  • Voted to be the lead applicant for a Community Development Block Grant to help households replace failing septic systems and wells. If the grant is awarded, the town will partner with Dover- Foxcroft, Enfield, Howland, Newport and Mattawamkeag.
  • Signed a five-year contract with James Costedio to operate the municipal golf course.
March 9, 2011

Increased Cancer Rate Linked to Textile Site

Read here about how a cluster of cancer cases in Massachusetts has been linked to a former textile site where kids used to play.…

September 1, 2010

Allegations of Negligent Phase II Site Assessment

Acknowledgement to XL Environmental

An environmental consultant insured by XL was retained by the then owner of a parcel of land to prepare Phase I / Phase II Site Assessments in support of the sale of this land. Following the sale of the property, litigation was filed against our insured and its client by the new property owner. The allegations against our insured were that the site assessments were negligently prepared and misleading in that: (1) the reports failed to advise of the extent of the contamination on the property prior to purchase, (2) failed to conform to the requirements of applicable ASTM standards in effect at the time, and (3) had the new property owner (buyer) been advised of the extent of the contamination, they would not have purchased the property to redevelop for residential usage. Damages in excess of $1,000,000 were alleged.

XL’s environmental claims counsel retained local defense attorneys to defend the allegations of the lawsuit against our insured. The claims counsel worked with defense counsel and our insured to investigate the allegations made. The XL claims counsel also retained an expert environmental consultant to review the insured’s work on the project and provide an opinion with respect to that work. The insured’s expert and defense counsel ultimately felt that the insured’s work did not meet the recognized standard of care for Phase I and Phase II Site Assessments in place at that time, including conforming to the technical aspects of the ASTM standards. Thus, an early resolution of the claim would be in the insured’s best interests.

XL’s environmental claims counsel worked with the insured and defense counsel to settle the case on the insured’s behalf early on to avoid additional litigation costs that would further reduce our insured’s available policy limits under their Professional and Contractor’s Pollution Legal Liability Policy. A settlement was reached with the new property owner for the reduced amount of $250,000.…

August 13, 2010

Alleged Negligent Laboratory Analysis

Acknowledgement to XL Environmental

An XL insured laboratory contracted with a general contractor (GC) to provide analysis of mold spores taken from a hospital mold remediation and reconstruction project. Following a failed remediation project, the hospital sued the GC alleging various errors in the GC’s project services. The GC filed a third-party action against our insured for $4,500,000, alleging that failures on the project resulted from the insured’s acts, errors or omissions in its laboratory analysis of the mold spores.

XL’s environmental claims counsel retained local defense counsel to defend the insured in the litigation. XL’s environmental claims counsel and defense counsel worked closely with the insured to investigate the allegations. A determination was made that the insured had used an incorrect procedure for the analysis of the mold spores. However, defense counsel was able to successfully argue that the insured’s alleged negligence did not result in any substantial damages to the GC or hospital.

At a subsequent mediation, the claim was settled against our insured for a fraction of the claimed damages. XL paid $350,000 under the insured’s Professional and Contractor’s Pollution Legal Liability Policy to resolve the claim on the insured’s behalf.…