Contractor not Liable under Superfund Law for Accidently Damaging Methanol Pipeline with Backhoe Causing Environmental Damages
ConstructionRisk.com Report Vol. #13, Issue #1
See article in the following topic indices:
arranger liability,CERCLA,Environmental Conditions,superfund
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The United States Court of Appeals for the Fifth Circuit held that a contractor has no “arranger” liability under the Superfund law (CERCLA) for unconsciously denting a methanol pipeline that several years later cracked, thereby resulting in the release of methanol and causing environmental damage. In the absence of intentional steps or plans by the [...]
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Insurer and Environmental Consultant Have No Duty to Warn of Mold
ConstructionRisk.com Report Vol. #12, Issue #1
See article in the following topic indices:
Duty to Warn,Environmental Conditions,Mold,Negligence
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A tornado tore the roof of Haney’s house. Haney hired a contractor to repair the damage and filed a claim for damages with his homeowner’s insurer. Before the repairs were completed, rains further damaged the house. The insurer, Fire Insurance Exchange (FIE), hired an environmental consultant to perform an environmental study. The findings by the [...]
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