SERVICES

VERTEX has Experts that Talk the Talk and Walk the Walk.

Unlike others, VERTEX provides forensic consulting alongside traditional AEC services which allows for a 360 degree view of your project.

VERTEX Services

Experts

Need an expert for your case?

Our forensics experts work alongside AEC specialists which enhances our skills and bolsters the credibility of our expert consultants.

Find an Expert

Portfolio

VERTEX delivers innovative solutions on complex projects globally.

Since 1995, VERTEX has completed over 90,000 projects.

View Portfolio

INSIGHTS

VERTEX believes in a Lifetime of Learning philosophy.

Stay current with our industry experts as they share their insights and knowledge on the built environment.

View Insights

Grow Your Career

Join Our Team

VERTEX is looking for talented individuals to join a highly technical team of forensic consultants, design engineers, construction managers, and environmental scientists.

Learn More

Contact Us

Have a question or want to speak with a technical professional?

VERTEX is a multi-discipline firm with global coverage. Our international network of resources enables us to provide multi-national clients with the most qualified local professionals who understand the culture, language, and regulatory framework.

Call Us: 888.298.5162

Call Us

Call us at 888.298.5162.

Home Heating Oil Release Lawsuit: Liability Assessment and Summary Judgement

Project # 31070

Home Heating Oil Release Lawsuit: Liability Assessment and Summary Judgement

Our initial client’s insured was a landscaper who was retained by a homeowner to repair their underground storage tank system. During the repairs, the Insured punctured a fuel supply line for an underground storage tank (UST) system. The Insured was unaware they struck the line until the homeowner identified they did not have hot water approximately ten (10) days after the incident. Subsequent investigation of the condition identified that the UST was empty, so the fuel oil company was called to service the heating system and refuel the UST. On the day after the UST refueling, the homeowner noticed a fuel oil odor and the presence of staining in their yard, so the NYSDEC was notified. The property was subsequently remediated to the New York State Department of Environmental Conservation (NYSDEC) Residential standards; however, soil remaining in place underneath the residential structure exceeded the NYSDEC Unrestricted Use standards. Based on depth to groundwater, the NYSDEC determined the remediation was protective of human health and the environment, so the NYSDEC issued regulatory closure to the release.

Following achievement of regulatory closure, the homeowner decided to sue the landscaper, the heating oil delivery company, and the remedial contractors since the remediation did not bring the property to pre-release condition (below the Unrestricted Use standards). The homeowner requested damages in excess of $1M to demolish the structure, excavate inaccessible soil that exceeded the NYSDEC Unrestricted Use standards and reconstruct the residential structure. VERTEX developed an Expert Report regarding our opinion on the alleged damages, which was used to obtain a summary judgement against our initial client’s insured. After our initial client’s insured was dismissed from the suit, the co-defendants approached VERTEX to act as an Expert on their behalf. Our initial client agreed to release VERTEX. Upon release, we updated our previous Expert Report to include the co-defendants’ potential liability in the proposed damages. Our updated report was submitted to the court, and we were able to obtain a summary judgement for the co-defendants as well. Our involvement in the matter allowed our initial client’s insured and the co-defendants from incurring costs from the damages alleged in the lawsuit.

To learn more about VERTEX’s Environmental services or to speak with an Expert, call 888.298.5162 or submit an inquiry.

Back to Projects