MEC&F Expert Engineers : September 2015

Wednesday, September 30, 2015

Two Union Pacific Trains Collide near St. Francis, WI


Union Pacific coal train collides with another train & rail car derailed; no one hurt
Posted 6:26 pm, September 29, 2015, by Katie DeLong



ST. FRANCIS, WIS.


Emergency crews from St. Francis and Cudahy are dealing with a train accident that occurred on Tuesday evening, September 29th near St. Francis Avenue and Kinnickinnic Avenue in St. Francis.

We're told a Union Pacific coal train collided with another Union Pacific train, which was carrying rail.

Union Pacific officials say one of the rail cars derailed. Officials say that rail car was empty.

There were no leaks following this incident -- and no immediate danger to the public.

No injuries have been reported.

The train was on the tracks from St. Francis Avenue south to Layton Avenue -- blocking traffic. 


 
First responders were waiting for Union Pacific officials to get the damaged rail car removed from the tracks.

Union Pacific officials issued this statement to FOX6 News:


"We apologize for the inconvenience to motorists and are working to bring a new train crew to the site so we can clear the train that is causing the blocked crossing. The accident's cause is under investigation."

Monitor FOX6 News and FOX6Now.com for updates on this developing story.

Safety problems found at Texas DuPont plant where 4 workers died




The results of a federal investigation were released today on the deadly DuPont plant chemical release





A federal investigation into a poisonous gas leak that killed four workers at a Houston-area chemical plant in November found weaknesses and failures in the facility's safety planning and procedures, officials said Wednesday.

The findings were announced in an interim report released by the U.S. Chemical Safety Board regarding the accident at a DuPont plant in La Porte, Texas. The report says neither workers nor the public are protected against chemical exposure by equipment or safety procedures at the facility.

The unit where the workers died did not having adequate ventilation or air monitoring to ensure worker safety, and procedures weren't followed that would have restricted worker access to areas where ventilation fans weren't working, according to the report.

A review by DuPont of systems at the plant that control overpressure in equipment is in year four of a five-year assessment, but is only 35 percent complete, according to the board.

"DuPont has not made this program a sufficiently high priority, has limited internal resources and has fallen far behind schedule," the board said in the report.

James O'Connor, the La Porte plant manager, said in a statement Wednesday that the company is addressing the board's recommendations and cooperating with investigators. The plant is closed, "and will remain so until DuPont has executed a comprehensive and integrated plan to safely resume operations," he said.

The workers died after being exposed to methyl mercaptan, a raw material used to manufacture an insecticide. Workers did not realize they were releasing the deadly gas that had built up in piping and a storage tank as they drained waste gas from other piping at the unit.

The piping the workers opened that released the poisonous gas was intended to release nitrogen vapor. DuPont had already investigated that system as part of its five-year review and considered it in compliance with industry standards, the board said.

The safety board previously said inspectors found the plant had a faulty ventilation system but that even if ventilation fans had been working, the building's design may not have protected workers from the gas being released.

The interim report also said detectors at the plant that warn of methyl mercaptan releases "provided essentially no value to DuPont personnel or to the public" and that employees had become so accustomed to the odor of methyl mercaptan that they didn't recognize it presented a hazard.

Earlier this year, the Department of Labor's Occupational Safety and Health Administration criticized safety procedures at the plant and said the deaths were preventable. OSHA has fined DuPont $372,000 for various safety violations and placed the company on its severe violator enforcement program.

The Chemical Safety Board proposed five safety recommendations in its interim report, including conducting engineering evaluations of the pressure relief and air ventilation systems in the unit where the workers died and ensuring participation by workers in the implementation of the recommendations.

The board investigates industrial and chemical accidents, but it has no regulatory authority and can only make recommendations on accident prevention. 


MID-ATLANTIC AREA WILL FLOOD AS HURRICANE JOAQUIN MUSTERS POWER, WIND AND RAIN


Our area could be in Hurricane Joaquin's path

AccuWeather is tracking Hurricane Joaquin.





Updated 1 hr 1 min ago

PHILADELPHIA (WPVI) -- Hurricane Joaquin formed near the Bahamas on Wednesday morning, and we're keeping a close eye on the storm as it moves north.

The U.S. National Hurricane Center long-term forecast showed the storm could near the East Coast somewhere above North Carolina early next week, but it said the complexity of the weather environment means "it is too soon to say what impacts, if any, Joaquin will have on the United States."

Models show the 6abc viewing area inside the 'cone of uncertainty.' While that cone only encompasses possible tracks, people inside the cone should keep a close eye on the storm and be prepared.



"We've got Air Force reconnaissance planes continuously giving us data from inside the hurricane this morning, and we're going to be throwing a lot more aircraft resources at this problem over the next few days because it still is not certain whether or not Joaquin will directly impact the U.S. East Coast or stay out to sea," said Rick Knabb, director of the National Hurricane Center.


Our AccuWeather team says confidence in the track of the storm remain low and a wide range of outcomes is possible, from a direct impact of a major hurricane along the U.S. East Coast to a track sending Joaquin out to sea.









AccuWeather is tracking Hurricane Joaquin.

A hurricane warning has been issued for the central Bahamas as the storm approaches.

Maximum sustained winds reached 85 mph (135 kph) and extended 35 miles (55 kilometers) from the center of the storm over the Atlantic Ocean, according to the U.S. National Hurricane Center in Miami, which predicted Joaquin would develop into a major hurricane in the coming days.

The center of the storm Wednesday afternoon was about 175 miles (285 kilometers) east-northeast of the central Bahamas and moving toward the southwest at 8 mph (13 kph).




Stay with Action News, 6abc.com and AccuWeather for the very latest storm track.

5 people injured in livery cab crash in the Bronx


Kemberly Richardson is in the Fordham section with more
The Taxi and Limousine Commission has suspended the livery cab driver who lost control, hopped a curb in the Bronx, and hit four small children and a mother Wednesday.

The accident happened on East Kingsbridge Road in the Fordham section just before 8 a.m.

The most seriously injured is an 8-year-old girl, with injuries to both legs and internal bleeding, who is in critical but stable condition.

Her younger brother, a 5-year-old, has injuries to his leg, chest trauma, cuts and bruises. Both have been stabilized at Jacobi Medical Center.

Two other boys, ages 10 and 7, suffered minor injuries. The 33-year-old mother is in stable condition at the same hospital.

One of the injured children is home from the hospital and talking to Eyewitness News.

10-year old Yohelfry Germosen is cut, bruised, limping and very sore, but knows he's very lucky to be alive.

He said he doesn't remember much about the accident. The front bumper of the livery car hit him and pushed him forward.

"I remember when a car was over me, when he came and throw me under, I don't remember anything more," he said. ("Did you black out, go unconscious?", we asked.) "I was like asleep," he said.

("When you woke up, hat did you see?") "I was with my grandmother who woke me up and helped me get up and then the ambulance came," he said.

He was treated and released from the hospital Wednesday afternoon.

"To witness something like that, it's bad, it's something I don't want to see again," said eyewitness George Perez.

Surveillance cameras captured kids heading to school, their parents by their sides, but in a split second it was evident from the look on their faces and body language that something was very wrong.

"That's when I saw people flying in the air and so I ran," said Perez.

The impact is too graphic to show, as the black car plowed into the five people.

"He was waiting for his wife to come out of the store and the car just came so fast he didn't have a chance to get out of the way," said a translator for Antonio Acosta, the uncle of one of the victims.

His nephew was among those hit. Antonio picked up the child who was bloody, but not seriously hurt.

But another child was, a little girl who was pinned under the car.

"She wanted her dad so this lady gave her a cell to call her dad and she tried and she looked at everyone and said, I forgot his number and that's when everyone broke down," said Perez.

A woman was also hit, and two more boys. Nilda Guerrero held one's hand.

"Miguel wake up, don't close your eyes, please tell me if your'e watching me, Miguel your little sister is going to be here soon, you're not alone," she said.

The Uber driver, who was not injured, stayed at the scene. No charges have been filed at this time.

Several people tried to help lift the vehicle and get it off of those who were trapped.

"There were a lot of people trying to help, there was a lot of people really trying to do something, everyone was worried and scared," said eyewitness Victor Morales.

1 dead, 2 injured in head-on collision involving Suffolk County Transit bus and an SUV


1 dead, 2 hurt in crash involving Suffolk County Transit bus
One person was killed and two others were injured when a Suffolk County Transit bus and an SUV collided in Southold Wednesday morning.

The incident happened on Main Road, south of Sage Boulevard, just before noon.

The male driver of the SUV was pronounced dead at the scene, and a passenger was hurt. The bus driver sustained a leg injury, and about six passengers on the bus were uninjured.

The cause of the crash is under investigation, but police believe the SUV swerved into the oncoming bus.

1 death, more Legionnaires' disease cases confirmed in the Bronx, NYC


NJ Burkett reports from Morris Park.
One death is now associated with the latest newly-discovered cluster of Legionnaires' disease cases in the Bronx.

There have been 13 cases in the Morris Park neighborhood, all with onset dates before September 21. Authorities announced the death Wednesday. Eleven individuals remain hospitalized, while one has been discharged, and all patients had underlying health conditions.

"We have a situation here in this broader community that, I want to say, in the outset, is different than what we experienced a couple of weeks back in the south Bronx," Mayor Bill de Blasio said Wednesday. "This is a more limited situation."

Officials say 35 cooling towers in area were sampled on Saturday and Sunday, and 15 came back with positive results (some buildings have multiple towers). They were located at:
--2725 East Tremont - Chase Bank
--1740 Eastchester Road - Calvary Hospital

--2964 East Tremont - Lehman High School
--1500 Waters Place - Bronx State Psychiatric
--1199 Sackett Ave - Einstein College
--1845 Eastchester Road - Einstein College
--1301 Morriss Park Ave - Einstein College
--1250 Morris Park Ave - Einstein College
--1865 Eastchester Road - Einstein College
--1925-1935 Eastchester Road - Einstein College

"This was not expected, this was the last thing I expected to hear," said Councilman James Vacca, describing his reaction after a call from the mayor's office telling him Legionnaires' disease was not only back in his borough, it's now in his district.

"We in the Bronx have now had this happen now twice in the past two to three months and we do need explanations," said Vacca.

The cases are limited to the Morris Park area, where the mayor and health commissioner met with seniors Wednesday, reminding residents that the cluster is much smaller than the outbreak this summer in the South Bronx.

"Look at what's happening in our emergency rooms in the Bronx, we don't see any increased activity around pneumonia," said de Blasio. "So those are very hopeful signs."

"The new cases are all people who we went back through our records, talked to them about where they live, where they work and then attributed them to this cluster because we found a link with the Morris Park neighborhood," said city Health Commissioner Mary Bassett.

All 15 locations have been ordered by the health Commissioner to begin cleaning and disinfection immediately, and all Emergency Departments have been contacted to look for cases. More than 40 potential locations of vulnerable populations have been identified, including senior centers, and outreach teams have begun visiting them.

"If someone shows the symptoms and they get to healthcare quickly, they have an overwhelming chance of being fine because the antibiotics work," de Blasio said. "The problem we found is that when people don't go and get the care they need."

A Town Hall event is scheduled for 8 p.m. Thursday.

Legionella is ubiquitous in the environment, and there are typically 200 to 300 cases per year in New York City. Legionnaires' disease is very treatable with antibiotics, and the disease cannot be spread from person to person. Groups at high risk include people who are middle-aged or older, especially cigarette smokers, people with chronic lung disease or weakened immune systems. The city's drinking water remains unaffected.

City health officials have confirmed three more cases of Legionnaire's disease in the Morris Park neighborhood in the Bronx, bring the total number of cases to 10 in the new cluster. Nine of the victims remain hospitalized with all of the patients having underlying health conditions.

This outbreak comes a little more than a month after the city identified the source of another Legionnaires' disease outbreak in South Bronx and declared that outbreak as being resolved. Officials do not believe the new outbreak is connected with the last one. They added that residents should be vigilant and get treated if they develop symptoms.

Notice of Violation Issued to JKLM Energy after the chemical release from JKLM’s Reese Hollow 118 well pad in Potter County, PA



COMMONWEALTH OF PENNSYLVANIA
Dept. of Environmental Protection

Commonwealth News Bureau
Room 308, Main Capitol Building
Harrisburg PA., 17120

FOR IMMEDIATE RELEASE
09/30/2015
CONTACT:
Neil Shader, DEP
717-787-1323

 
DEP Update on Chemical Release into Water Supply in Potter County



HARRISBURG, PA -- The Pennsylvania Department of Environmental Protection is issuing a Notice of Violation to JKLM Energy after the chemical release from JKLM’s Reese Hollow 118 well pad on September 18, 2015. The wellpad is located in Sweden Township.

The Notice of Violation includes:
• Failure to prevent pollution of fresh groundwater;
• Drilling through fresh groundwater with a substance other than air, freshwater or freshwater based drilling fluids; and
• Violations of Pennsylvania’s Clean Streams Law.


DEP has had representatives in the area almost daily since September 21, collecting samples, meeting with property owners affected by the release, and overseeing operations at the gas well. More than 60 individual water samples have been taken from residential water supplies through September 29, 2015. DEP is continuing to test and analyze residential and municipal water supplies for evidence of contamination.

DEP is also ensuring water supply replacement to affected residences, including the Cole Memorial Hospital, which was transitioned to municipal water sources as a precaution. The Department also participated in a September 25, 2015 meeting with the Potter County Commissioners, PEMA, Potter County EMA, Cole Memorial Hospital, Coudersport Borough, and JKLM Energy.

According to JKLM estimates, approximately 98 gallons of surfactant (F-485) was released to groundwater during top-hole drilling activities. This surfactant included isopropanol at 10-15% concentration, which is not approved for use when drilling through freshwater aquifers. The surfactant was reportedly diluted in 22,000 gallons of water and also included 35 gallons of rock oil, a paraffinic petroleum product used to lubricate the drill bit. DEP is working to verify this information.

DEP is currently in discussions with JKLM Energy on cleanup and remediation of the release. JKLM has also voluntarily suspended related drilling activities at the Reese Hollow site.

If residents suspect contamination with their water supply, they should contact DEP at 570-327-3636 immediately. Residents with impacted water supplies should not use their water for drinking, washing or bathing.

Site Remediation Hurricane Joaquin Preparedness



In anticipation of Hurricane Joaquin, which may impact New Jersey this weekend or early next week, please evaluate any remediation cases for which you are responsible to ensure that they are as ready as practicable for this storm.  This includes securing the site for anticipated:

*             Large accumulations of rain
*             High winds
*             Possible flooding
*             Loss of power for remediation systems

Whether you are the person responsible for conducting the remediation or the licensed site remediation professional retained, all efforts should be made to prevent new discharges at your site and to maintain active remediation systems.  Any discharges of hazardous substances are required to be reported to the NJDEP Hotline at 877-WARNDEP.

Subsequent to the storm, all sites should be re-evaluated to determine:

*             New immediate environmental concern conditions (water, vapor, direct contact).  Immediate actions should be taken to address any immediate environmental concerns identified as part of this response.
*             Changes to site conditions requiring a reexamination of your receptor evaluation to determine whether it still accurately represents potential impacts to receptors.
*             If you have topic-specific questions regarding site remediation, please refer to the SRP contact list, available at http://www.nj.gov/dep/srp/srra/srra_contacts.htm.

Metropolitan Engineering, Consulting, Forensics, and Environmental Remediation Services. Construction, Investigation, Remediation and Forensic Expert Engineers



Construction Defects, Construction Claims, Engineering, Property & Casualty Investigations, Assessment, Site Investigation, Remediation, Litigation and Indoor-Air Expert Engineers



Bill Stephan, PhD, PE, CIH, CHMM, JD, MBA

Principal Engineer



P.O. Box 520

Tenafly, New Jersey 07670-0520

Phone: (973) 897-8162

Fax: (973) 810-0440




______________________________________________________________________



Firm Overview


The engineering and forensic firm of Metropolitan Forensics and Consulting Engineering and Environmental Services was established for the purpose of providing a high value service to the insurance industry and to the insured companies or individuals. Our founding principal (Bill Stephan) is a licensed professional engineer in several states, including, New Jersey, New York, Pennsylvania, and Delaware.



We specialize in the in-situ remediation of petroleum and chlorinated spills, the defense of liability claims, the investigation and defense of first or third party insurance claims and the handling of subrogation claims.  We are also experts on oil and gas energy sector issues (design, investigations, construction oversight), renewable energy sector (wind turbines, solar panels, biofuels, etc), vapor intrusion evaluation, vapor phase and transport and in design on vapor mitigation systems.  Additionally, we offer forensic engineering services, including age-dating of contaminant releases, construction defects, oversight, evaluation of remedial alternatives, sub-slab ventilation system design and installation.  The list of our core services is:



  • Cause and Origin Investigations
  • Construction Failure Analysis (Residential, Industrial and Commercial)
  • Structural Integrity Evaluation
  • Site Investigation
  • Tank removals and tank installations; licensed and insured to perform entire UST work
  • In-Situ Remediation of Soil and Groundwater
  • Vapor intrusion, indoor air evaluation and mitigation
  • Causation
  • Forensic Investigations (age-dating)
  • Oversight
  • Review of Remedial Action Work Plans
  • Reserve Estimation
  • Cost Allocation
  • RAWP Preparation
  • Site Remediation
  • Cleanup Level Development and Negotiation
  • Subrogation
  • Expert Witness/Litigation Support
  • Licensed Site Remediation Professional (LSRP) Services
  • Construction Claims (Delay, Differing Site Conditions, Loss of Productivity, Acceleration, and others)

 





































Additional Specialty Service Areas

Age Dating
Boilers & Burners
Bridges
Building Codes
Building Inspections


Construction Accident
   Reconstruction
Construction Defects
Construction Delay Claims

Construction Surety Claims
Construction Disputes
Construction Differing Condition Claims
Construction Oversight
Construction Management
Construction Acceleration Claims

Construction Failures
Construction Injuries
Contractor Performance Issues
Corrosion


Defective Designs
Defective Roadway Design
   Evaluations


Earthquake
Electrical Accidents/Injuries
Electrical Equipment Failures
Electrical Fires
Elevators, Escalators
   & Conveyors
Embedded Software Hazards
   & Analysis
Equipment Failures
Errors and Omissions
Explosions

Failure Analysis
Fire
Fire Codes
Fire Protection Systems
Fire Suppression Systems

Flood Damage Assessment

Foundation Systems

Gas Systems

Hailstorm damage

Heating & Ventilation Systems
Heavy Construction
Highway/Roadway Design
Human Factors


Indoor Air Quality
Laboratory Services
Ladders, Scaffolding Falls
   & Failures
Lightning

Mechanical Defect Evaluations
Metallurgical Age Dating
Mold Causation
Natural Disasters/Weather
   Related Issues
Nuclear Energy
Occupational Hazards
   & Illness

Piping
Playground Equipment Injuries
Plumbing
Product Failures
Roofing Problems & Failures
Safety Codes
Safety & Human Factors
   Engineering
Scalding
Scene Mapping and Photographs
Sick Building Syndrome
Sports Equipment Injuries
Standardized Codes
Steam Systems
Subrogation Issues


Transportation Issues
Trips, Slips & Falls
Underground Storage Tanks
Utilities Expertise
Vibration
Water Damage
Windstorm



Mission Statement


Our mission is to work as an extension of our clients to expeditiously achieve the most economically favorable resolution of claims on their behalf and on behalf of their insured. We have developed and will continue to create new solutions to the technical problems and issues which are facing the insurance industry and the insureds today.  

Metropolitan provides forensic engineering work (age-dating or fingerprinting), site remediation, auditing, cost control and litigation support services to insurance carriers, their insureds and to private or public companies.  In its risk management role, examines, manages and audits environmental claims to ensure that assessment and remediation services provided to both carriers and policy holders are reasonable and necessary, properly rendered and appropriately charged. 



In its litigation support role, Metropolitan assists carriers and their counsel to ensure that litigious disputes are resolved fairly and reimbursement benefits are provided when appropriate.  The corporations service area includes the entire United States, with our corporate office located in Northern New Jersey.  The Firm's professional staff also travels regularly throughout the United States on assignment.


Forensics at Metropolitan


There are many issues associated with disputes over responsibility for cleanup. Who, what, when, where, and how chemicals were released can be investigated. The tools of forensic investigation include mathematical models, statistical models, fate and transport calculations, chromatography, lead isotope analyses, time of travel assessments, library search site characterization, tracer additives, and recently developed software applications.



Effective forensic project management should include an evaluation of multiple forensic tools based on site specific circumstances. The process of evaluation and the ultimate selection of the forensic tool are critical to a successful outcome. When project budgets allow, combining forensic methods for corroborative evidence can substantially strengthen your client’s position in an effort to prevent or support litigation. The effective forensic consultant must be well acquainted with an ever expanding list of analytical methods, environmental regulations, assessment procedures and remedial technologies.



The forensic field is one that utilizes a wide range of scientific tools to identify and characterize complex adverse environmental events. Some of the scientific disciplines involved in forensics include engineering principles (biological, physical and chemical), hydrology, lithology, geology, site history, site practices, mathematics, and statistics. These areas may be combined with technologies such as respiratory analyses, chromatography/mass spectrometry and chemical fingerprinting methods to answer complex questions with the ultimate goal of establishing responsibility for a particular event. Accurate, defensible forensic analyses are an essential component of any strategy that attempts to resolve the extent of the insurer or insured client responsibilities in the cleanup of contaminants.


Contact us online or call 973-897-8162 to learn more about our forensic services.



Property Damage Services at Metropolitan

Metropolitan assists property owners, claims professionals, businesses, and attorneys in   the assessment of the cause & origin (C&O), extent of damage and required restoration after pipe bursts, settlements, manufacturing and construction failures, fire, flood, earthquake, or storm damage.  Our teams of engineers have extensive experience in the many systems that make up a building including structural, mechanical and electrical systems.   We also have the necessary background to evaluate property damage to items such as communications towers or solar panels. We can help determine alternative, appropriate, and cost effective solutions for repair or restoration of any damaged property, both commercial and residential. 

Providing Competent, Expert and Objective Investigative Engineering and Consulting Services.

Our experts are multi-skilled, competent, and objective professionals who apply their analytical and common sense skills to reconstruct, determine the root cause, and document the events that give rise to property, casualty, and liability claims.  Thorough investigations and detailed measurements/research help us distinguish between pre-existing conditions and sudden and accidental losses.


Our investigations are:

·         Comprehensive & Accurate

·         Legible & Easy to Understand

·         Timely Performed

·         Delivered Quickly

·         Cost Effective

·         Clear & Concise

·         Developed by Professionals

·         Dependable

·         Our own uniform reporting system saves time and money.


Our Fast Track Investigation and Uniform Format Reporting systems allow us to conduct and deliver a comprehensive response to the assigned claim.  In most cases, we will obtain findings based on a site visit, visual observations, photographs, interviews, and field measurements.  Further investigations and testing will be provided upon request and approval by the client.



Forensic Investigation of Property Damage Claims

Metropolitan Consulting, Engineering & Forensics understands your need to complete a claim investigation accurately and efficiently as possible.  Whether it is accident reconstruction, damage due to environmental forces such as wind, water, hail, snow, tornado, etc.; fire origin & cause investigation or any other claim, the engineers at Metropolitan understand both you and your client want to resolve the claim.  The analysis you receive from Metropolitan will be accurate and complete, giving you the information needed in the claim adjustment and analysis.

Our services have extended beyond the forensic analysis phase into the remediation and repair phase of many large loss claims.  Upon the completion of the cause and origin (C&O) investigation, Metropolitan can provide our clients with complete working drawings and specifications needed to repair or rebuilt damaged buildings or other structures.  Metropolitan Consulting & Engineering’ staff possesses many-many years of experience in rehabilitation design, construction management, and project oversight to ensure the loss is restored in a timely and cost-effective manner without sacrificing quality.  Building code knowledge allows us to identify possible code upgrades as needed.  Metropolitan understands constructability and realizes making an insured whole goes beyond forensic investigation and design. We pride ourselves in providing practical solutions contractors can understand and follow.

At the forefront of available technology, we provide professionals and staff capable of handling a variety of engineering evaluations.  Our reports are clear, concise, complete and efficiently produced.  Our engineering objectives are achieved in an ethical manner consistent with the traditions and character of engineering professionals.

Contact us online or call 973-897-8162 to learn more about our property damage services.


Extensive Experience helping Sureties

Metropolitan also has extensive experience helping sureties fulfill their bond obligations resolve disputes after a contractor has defaulted.  This work includes the evaluation of contractor bid pricing, evaluation of the contractor’s ability to perform work, risk assessment, evaluation of termination, construction completion services, claim and litigation support services, loss recovery services, evaluation of payment bond claims, negotiation and settlement of payment bond claims, and construction defects investigation services.  Metropolitan has provided these services for commercial, development, educational, and assisted living projects.

Construction is a business fraught with risk.  Disputes over even the smallest of issues can quickly escalate, with crippling consequences to the project and the parties.  Over the years, the construction industry has developed various methods of contractually allocating the risk of project delay and disruption.  Some of these methods include liquidated damages provisions, "no damages for delay" clauses, mutual waivers of consequential damages, provisions that limit liability, claims notice provisions, and provisions addressing responsibility for the adequacy of the construction plans and specifications.  Parties frequently litigate the sufficiency of these risk-shifting efforts in conjunction with the underlying merits of delay and disruption disputes.
Construction Claims & Disputes
The most frequently encountered claims include:
1.            Construction Delay Claims
2.            Disruption and Loss of Labor Productivity Claims
3.            Design and Construction Defect Claims
4.            Force Majeure Claims
5.            Acceleration or Compression of the Schedule Claims
6.            Suspension, Termination and Default Claims
7.            Differing Site Conditions Claims
8.            Change Order and Extra Work Claims
9.            Cost Overrun Claims
10.         Unacceptable Workmanship or Substituted Material Claims
11.         Non-payment Claims (stop notice (or Notice to Withhold) claims, mechanics’ lien (only for private construction projects) and payment bond claims)



Forensic Engineering Experience Case Studies


Metropolitan staff has developed and utilized scientific methods to assist clients in a variety of ways related to their claim issues. The following is a partial list of such projects:

  • Provided expert witness services for plaintiff seeking remediation of contaminated groundwater that caused indoor air inhalation problems;
  • Testified that engineering and scientific evidence was improperly collected and analyzed and was inadequate to show the age of the release;
  • Origin and cause of retaining wall failures.  
  • Lightning damage to structures or electrical systems and equipment
  • Roof failure or collapse as a result of accumulated load, additional weight and snow drift at hundreds of commercial and residential properties.
  • Demonstrated that solvents in groundwater at client's property originated from off-site dry-cleaner and that client's site actually provided remediation for the off-site release of dry cleaning solvent;
  • Expert witness for property owner impacted by industrial waste disposal from industrial manufacturer;
  • Demonstrated that environmental analysis by a previous consultant for a manufacturing site was inadequate; as a result, the lender's concerns were alleviated and financing proceeded;
  • Chemical "age-dating" and contaminant transport analyses of petroleum in groundwater at a gas station showed that contaminants originated from other parties;
  • Age-dated petroleum release at a former gas station to show that the previous owner of the gas station caused groundwater contamination;
  • Age-dated petroleum releases at an industrial facility to show that the on-site plume was the result of an off-site source;
  • Prepared age-dating reports for over one-hundred residential fuel oil spills;
  • Assisted insurance companies attorneys in defending subrogation claims; was able to demonstrate that the forensic data collected by the first party consultant were collected and analyzed using invalid methods;
  • Demonstrated that structural damage to a residence was from a source other than the alleged high lake level
  • Collected evidence (for the primary responsible party) that identified other responsible parties to share in the cost of a Superfund cleanup;
  • Review of the site data at a bulk petroleum facility indicated that the site releases were not the result of regular oil transfer operations and that they were caused by the negligent actions of the insured’s agents; the case was settled in favor of the insurance company;
  • Was able to demonstrate that the majority of the removal actions at petroleum release sites were neither reasonable nor necessary; as a result of our opinion, the insurance client settled the claim in favorable terms;
  • At several drycleaner sites we were able to demonstrate that the age of the release was much earlier than the parties originally believed; as a result, the insurance client settled the claim at a fraction of the alleged liability;
  • We performed numerous flood and wind damage assessments at commercial and residential properties.
Contact us online or call 973-897-8162 to learn more about our forensic engineering services.




Site Remediation Services


 Characterizing and remediating contaminated sites involve some of the most complex and difficult issues for environmental lawyers and their clients. Problem areas include responding to regulators; negotiating enforcement settlements; negotiating or litigating cost allocation and recovery claims; working with the insured or insurer client, lawyers and regulators to develop efficient, cost-effective remediation approaches; and selling, buying, or developing contaminated properties.



Metropolitan staff has developed and applied an innovative approach to the use of sodium persulfate for the sequential in-situ treatment of subsurface contaminants through chemical oxidation followed by enhanced biological degradation through sulfate reduction. This approach has broad applicability to a wide range of contaminants, and shows strong cost-saving benefits through reducing the initial volume of chemical oxidant necessary and enhancing the in-situ biological degradation of contaminants.



Through proper subsurface geochemical characterization and chemical dosing design, the approach focuses on utilizing the oxidant for immediate mass reduction at the source area, followed by degradation or polishing of the residual contamination using sulfate reducing bacteria.  Depending upon the oxidant activation method, this approach is applicable to petroleum hydrocarbons including both volatiles and PAHs, chlorinated volatile organic compounds (CVOCs) including chlorinated ethene, ethane and methane groups, as well as PCBs.


Contact us online or call 973-897-8162 to learn more about our Site Remediation Services.





Vapor Intrusion and Indoor-Air Studies


Vapor intrusion has received increased attention over the last few years near contaminated sites because some contaminants have the potential to migrate into nearby buildings and negatively affect indoor air quality. The accumulation of these volatile vapors in buildings can result in significant safety and health concerns.
To properly evaluate vapor intrusion a thorough evaluation of the building's ventilation system and subsurface conditions needs to be conducted by a knowledgeable professional in accordance with state and federal established procedures. 
The evaluation process typically includes a thorough building chemical inventory, the advancement of soil gas probes and the collection of soil gas samples. When indoor air quality problems are identified they can normally be resolved through the modification/installation of a properly designed ventilation system.
Metropolitan is well experienced with U.S. EPA and State vapor intrusion investigation techniques. We have completed numerous vapor intrusion and indoor air quality studies at commercial and residential properties. We have the experience to identify and resolve indoor vapor intrusion problems and the practical know-how to resolve indoor quality issues in an efficient and cost effective manner.
Contact us online or call 973-897-8162 to learn more about our Vapor Intrusion and Indoor Air Studies.




Metropolitan Engineering, Consulting, Forensics, and Environmental Remediation Services.

Construction, Investigation, Remediation and Forensic Expert  Engineers

P.O. Box 520

Tenafly, New Jersey 07670-0520

Ph.: (973) 897-8162

Fax: (973) 810-0440




Contact: Dr. Bill N. Stephan, PhD, PE, JD, CIH, MBA, CHMM



Insurance claim examiners, insureds, insurers, insurance adjusters and risk managers use Metropolitan for determining cause, evaluating the extent of damage, determining the age of the release, separating unrelated damage, analyzing loss scopes and managing restoration data, determining costs to repair, restore or replace, and preparing for insurance appraisals.



Attorneys call on Metropolitan for help when preparing for Litigation and Alternative Dispute Resolution such as arbitration and mediation