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Environmental Impact Claims at Private University

VERTEX was retained to determine the cause, origin, and timing of environmental impacts discovered during the redevelopment of a parking garage and academic buildings on the campus of private university. Impacts were discovered during investigation prior to redevelopment, and included heavy metals, Polycyclic aromatic hydrocarbons (PAH), and Polychlorinated biphenyls (PCBs) in soil and concrete. VERTEX determined that the cause of the impacts was related to the use of contaminated historical fill material that was deposited on site during the initial development in 1931 and impacts related to building materials used during the concrete mixing process during site redevelopment between 1953 and 1979.

Investigations to delineate impacts within site soils and concrete from onsite structures were conducted and included soil and concrete sampling. Then remediation and redevelopment commenced, which included the demolition and disposal of impacted concrete buildings and soil excavation.

VERTEX provided claim management of this matter including evaluating proposed and incurred costs associated with this remedial work and coordination with the Insured and their contractors and consultants. VERTEX reviewed to date approximately $1.9M in costs submitted by the site owner related to remedial excavation costs as well as soil and concrete disposal fees. VERTEX determined that since concrete and soil would occur during site redevelopment regardless of impacts, only the incremental amount of disposal costs over the disposal of unimpacted concrete and soil is considered reasonable in regard to this pollution policy. Based on this, VERTEX has successfully disputed approximately $800,000 in costs unrelated to remediation to date.

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

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