MEC&F Expert Engineers : 07/07/16

Thursday, July 7, 2016

Malfunctioned pump leads to diesel fuel spill at gas station in east Birmingham, AL






By ABC 33/40 Thursday, July 7th 2016


Birmingham Fire and Rescue firefighters and HAZMAT crews are working a diesel fuel spill at a gas station on Tallapoosa Street on Thursday, July 7, 2016. (abc3340.com, File)


Firefighters and HAZMAT crews today are on the scene of a diesel fuel spill at a gas station in east Birmingham.

Birmingham firefighters responded to a report of a spill at the Kangaroo Express gas station on Tallapoosa Street around 12:30 p.m. Upon arriving, they discovered around 100 gallons of diesel fuel had spilled from one of the pumps.

According to Birmingham Fire & Rescue, a truck driver began filling up and left the pump on while he went inside the gas station. A short time later, the driver returned to find diesel fuel overflowing from the truck's gas tank. Fire officials say the gas pump's automatic shutoff valve malfunctioned and didn't stop the flow of fuel, causing the tank to overflow. Gas station employees eventually shut off the pump from inside.

The Jefferson County EMA is assisting in the cleanup efforts.

No one was injured in the incident.

All recreational and pleasure boats must carry one wearable life jacket for each person aboard; otherwise the voyages may be ended.






Coast Guard reminds boaters to carry enough life jackets

July 7, 2016 11:09 am


MILWAUKEE — The United States Coast Guard reminds boaters that all recreational and pleasure boats must carry one wearable life jacket for each person aboard; otherwise their voyages may be ended.

With the summer boating season well underway, responders at Coast Guard Sector Lake Michigan, located in Milwaukee, have seen a large number of recreational boats on Lake Michigan not carrying the required number of wearable life jackets on board.

This unsafe condition, which often cannot be corrected on the spot, results in a termination of a voyage. This is an order for the operator of a vessel to return to a safe location, such as a dock or mooring, until the unsafe condition is corrected. For some, this could mean the end of a fun day on the water with family and friends.

Vessels under 16 feet in length must carry one life jacket for each person aboard. Vessels more than 16 feet in length must carry one life jacket for each person aboard and one throwable personal floatation device for the vessel.

The throwable PFD must be immediately accessible, which means it must be within an arm’s reach of a passenger at all times.

The Coast Guard is committed to keeping boaters safe, and takes the rules regarding life jackets very seriously. In 2015, 626 boaters died on our nation’s waterways. Where the cause of death was known, 76 percent of fatal boating accident victims drowned; of those drowning victims, 85 percent were not wearing a lifejacket.

“Being on the water, especially cold Lake Michigan water, your life is inherently threatened," said Senior Chief Petty Officer Ed Briganti, Sector Lake Michigan’s senior maritime law enforcement specialist. "If you were to go into the water, a properly fitting life jacket will likely save your life as it keeps you afloat, even if you’re unconscious. The bottom line is they work.”

Children under the age of 13 are required to wear a properly fitting life jacket at all times while aboard a boat. However, the Coast Guard highly encourages all boaters regardless of age or experience to wear a life jacket at all times as well.

For more information about the selection, use, wear and care of life jackets please go to https://www.uscg.mil/hq/cg5/cg5214/pfdselection.asp.

3 people injured, 14 cattle killed after a collision between livestock truck and another vehicle in Temple, Texas





Crash overturns cattle truck in Temple, 3 people injured, 18 cattle killed

Highway 190 was closed after an accident involving a trailer hauling cattle.
Brandon Gray, KCEN 6:45 PM. CDT July 07, 2016


TEMPLE, TEXAS - Three people were injured after being involved in an accident involving a cattle truck and a vehicle Thursday morning at US Highway 190 and Martin Luther King Drive in Temple.

As a result of the accident, the truck carrying 62 livestock overturned – killing 14 cattle, according to Temple Fire.

The involved truck was not from Texas. The truck belonged to LLT Trucking out of Oklahoma City and was headed toward the northern tip of the Texas panhandle.

Local ranchers volunteered to help off-load surviving cattle.




Wind turbine worker was seriously injured after a 4-lb bolt fell onto his head in a wind farm in Pratt, Kansas






Second worker injured at Pratt County wind farm

  By Molly Brewer Updated: July 7, 2016, 9:37 am

 
PRATT, Kansas (KSNW) – An earlier report that a second person fell from a wind turbine in Pratt County has been corrected.

The KSN newsroom received a call last night from Pratt County Sheriff Vernon Chinn who said emergency services were dispatched to a wind farm southeast of Pratt where they found a 26-year-old Gary Newman with a severe head wound.

The sheriff’s office says that Newman was approximately 100 feet above the ground inside a turbine tower when a 4 lb., 10” bolt fell from more than 100 feet above him, striking him in the head.

That man was knocked unconscious, but other workers were able to lower him to the ground where he re-gained consciousness.

The man was taken to the Kingman Hospital where they were met by a medical helicopter and he was then flown to a Wichita area hospital.

That turbine worker was not wearing a helmet at the time of the incident according to Sheriff Chin.

Another worker fell from a wind turbine in the same general area last week. That worker was taken to a Wichita hospital in critical condition.




=================================



Man suffers 'severe head wound' in accident at Pratt County wind farm Posted: Jul 06, 2016 11:34 PM EST Updated: Jul 07, 2016 5:35 PM EST
written by KAKE News

The wind turbine where a worker fell 126 feet July 3. PRATT, Kan. (KAKE) -

The Pratt County Sheriff corrected an earlier report Wednesday night, saying a worker did not fall from a wind turbine. Instead, a four-pound bolt fell on his head.

The accident happened around 9:40 p.m. at the Ninnescah Wind Farm southeast of Pratt. Sheriff Vernon Chinn told KAKE News the 26-year-old man was in a tower about 100 feet above the ground. The bolt from a turbine fell from an estimated 100 feet above him.

"The worker was approximately 100 feet above the ground inside the tower, when a 4 pound bolt, approximately 10 inches long fell from over 100 feet above the worker, striking him in the head, knocking him unconscious," Sheriff Chinn said.

Sheriff Chin identified the injured worker as Gary Newman from California. He is an employee of Blattner Energy based in Avon, Minnesota.

Chinn said two other workers in the tower were able to lower the injured colleague to the ground safely, and he regained consciousness.

The worker suffered a severe head wound and was taken to a Kingman hospital. From there, he was flown to a hospital in Wichita.

OSHA is investigating the incident.

"Wind Energy workers are exposed to many hazards that can result in fatalities and serious injuries such as falls, struck by, electrical shocks and crushing injuries. While wind energy is a growing industry, the hazards are not unique and OSHA has many standards that cover these working conditions," said Judy Freeman, OSHA's Area Director in Wichita. "Wind energy employers on this site and elsewhere need to evaluate their safety and health programs to ensure they are protecting their workers from workplace hazards."

A construction worker died after falling 30 feet from scaffolding at the Beach Walk condominium complex in Longboat Key, Florida




Longboat Key construction worker dies after falling 30 feet from condo

By Amaris Castillo

JULY 7, 2016

A construction worker died around 9 a.m. Thursday after falling 30 feet from a building, according to the Longboat Key Police Department.

Longboat Key Police Chief Pete Cumming said the man, whose name has not been released, was climbing scaffolding at the Beach Walk condominium complex in the 6800 block of Gulf of Mexico Drive. Cumming said the scaffolding went from the parking lot all the way to the roof.

“They put scaffolding all over the front and, when he reached the top, he somehow lost control of his footing and fell,” Cumming told a Herald reporter. “He fell back about 30 feet and landed on the concrete — on top of the pavers.”

The worker was transported to Blake Medical Center where he underwent emergency surgery. The man died at approximately 2 p.m. on the operating table, Cumming said.

“He landed flat on his back and I know he had head injuries,” the police chief added. “My understanding is he has significant internal injuries as well.”

The investigation by the Longboat Key Police Department is complete, but Cumming said the Occupational Safety and Health Administration will probably conduct an inquiry.

Coast Guard recruit died at Coast Guard Training Center, Cape May, N.J., following an initial physical fitness assessment.




Coast Guard Investigating Death of Recruit at Cape May Training Center
Jul 7th, 2016 

CAPE MAY, N.J. — The Coast Guard is currently investigating the death of a recruit that occurred after he collapsed, Friday, at Coast Guard Training Center, Cape May, N.J., following an initial physical fitness assessment.

Seaman Recruit Aaron Redd, 21, from Stafford, Va., collapsed after completing the 1.5 mile run portion of his initial physical fitness assessment. Coast Guard medical personnel, who were already on-scene as part of the training center’s safety protocol, immediately rendered first aid before transporting him to Cape Regional Medical Center in Cape May Court House, N.J. There, Redd received medical attention up until he died, Wednesday afternoon. The cause of death has not yet been determined.

“Seaman Recruit Redd was only a member of the Coast Guard family for a few days, but we are deeply saddened by his tragic loss. Our thoughts are with his family during this difficult time,” said Capt. Owen Gibbons, commanding officer of Training Center Cape May.

Recruits of all the armed forces undergo medical evaluations at a Military Entrance Processing Station prior to enlistment. Seaman Recruit Redd also received additional medical screenings once he arrived in Cape May in accordance with Coast Guard regulations.

The purpose of the initial physical fitness assessment is to determine a recruit’s ability to safely endure the rigors of basic training. Coast Guard Training Center Cape May uses those assessments to set benchmarks that enable recruits to improve their fitness levels during training while also reducing risk of injury. Redd enlisted in the Coast Guard June 28, 2016 and was a member of Recruit Company Delta-193

GAO blasts federal highway regulators for failing to protect the public from a guardrail system that's been linked to injuries and deaths across the nation


A report out Thursday blasts federal highway regulators for failing to protect the public from a guardrail system that's been linked to injuries and deaths across California and the nation. This newly released report comes three years after the ABC7 News I-Team first investigated. (KGO-TV)
Guardrails along our highways are there to protect motorists in a crash and save lives, but some have done more harm than good.

Now, three years after ABC7 I-Team Reporter Dan Noyes first exposed problems with some guardrails, an independent non-partisan watchdog is blasting federal regulators for failing to protect the public from a guardrail system that's been linked to injuries and deaths across California.

This report from the Government Accounting Office (GAO) says the Federal Highway Safety Administration is not doing enough to address problems with dangerous guardrails.

The GAO urges "more robust Department of Transportation oversight of guardrails".

One lawmaker pushing for improvements is Mark DeSaulnierfrom Contra Costa County.
The ABC7 I-Team's Dan Noyes asked him why he pushed for the GAO study.

"Actually, it started with your investigatory, your reporting," Congressman DeSaulniersaid.

ABC7 brought the issue to DeSaulnier three years ago as complaints about an end unit guardrail system called the "ET-Plus" were piling up nationwide.

It is supposed to slow a car down by letting the guardrail peel away. But lawsuits filed after crashes across the country allege the ET-PLUS can lock up and cause the guardrail to pierce the car or kick off to the side allowing the car to continue on.

That appears to be what happened to Bay Area football star Darryl Blackmon in November 2014. His Chrysler Sebring hit a sign post on 101 North at Mill Valley. The car flipped and landed upside down.

Florence Blackmon, Darryl's mother said, "He should not have been taken away in that, I mean if you fell asleep at the wheel, fine, but that equipment should've stopped that car."

The GAO report finds states have been slow to install "devices successfully tested to updated improved crash test standards".

The report also questions "the integrity of the crash-testing process...where lab employees test devices that were developed within their parent organization."

And the GAO recommends more of a focus on real-world crash data and is calling for "a process for third-party verification of results from crash-test labs".

Representative DeSaulnier was frank in his assessment of the results of the GAO study.

"So that part of the report I think is particularly appalling that we don't respond quick enough and in my experience during this investigation both in the State Senate and in Congress', both the US DOT and California DOT was not responsive enough," DeSaulnier said.

A Caltrans spokesperson says they have placed a moratorium on the installation of ET-Plus end units but there are approximately 3600 still on our highways according to an inventory they did in 2014.

As crashes, maintenance issues or new projects emerge Caltrans replaces the units.
The spokesman said they are not unsafe.

At the spot where Darryl Blackmon died, a car has hit the end unit again but it wasn't an ET-Plus and experts say it appeared to have functioned properly.

Darryl Blackmon's family is suing Caltrans, the manufacturer of the ET-Plus and the State of California. DeSaulnier expects it to be a multi-million dollar pay out.

"We need to have to get the system fixed so that people don't get injured, lose their lives and that the taxpayers are protected against liability," said Congressman Desaulnier.

PREVIOUS GUARDRAIL STORIES

Click here for more investigative stories by the I-Team.

Child killed, mother critical, after 18-wheeler smashes into bridge in Sealy, Texas and causes concrete to fall onto their car





Bridge collapse near Sealy kills child and injures a woman (KTRK)





Updated 3 mins ago

SEALY, TX (KTRK) -- An accident involving a bridge and an 18-wheeler has killed a child and seriously injured a woman near Sealy. Now police are treating the accident as a homicide investigation.










Viewer-submitted photos of the accident scene in Sealy. (Viewer-submitted photo)

The intersection of Highway 36 at Highway 90 has been shutdown. The bridge is closed to traffic as well.

Investigators say part of the overpass fell on top of a family's vehicle after a disposal truck's boom struck the overpass, causing the partial collapse. A TxDOT crane from a nearby construction site was brought in to lift the concrete section off the car.

Brein Bollock, 12, died from her injuries. She was riding in the front seat. Her brother, nine-year-old Breanbon Gardner, was in the back seat and was able to get out safely. Leah Bollock, 35, was driving. She was taken by LifeFlight to to Memorial Hermann Katy Hospital with a chest injury. She is in critical condition, but authorities say her injuries are not considered life-threatening.





A viewer-submitted photo of LifeFlight at the scene of a bridge collapse in Sealy. (Viewer-submitted photo)

The Bullock family is still in shock at this hour. Leah Bullock is from the El Campo area. Right now, her loved ones are asking for privacy. They're all in mourning, gathered at an apartment here in Wharton County.

Facebook video from the scene courtesy of viewer Carlos Gutierrez Lopez:


The truck belongs to Texas Disposal Systems, Inc., out of Buda, Texas. The company is up to date on their inspections and does not have a notable history of accidents. The truck driver, Carl Weige, 72, was taken to Memorial Hermann Hospital in Katy. His condition is not known.



Sealy Police Chief Chris Noble says the truck delivers dumpsters and had just dropped one off, but the boom was still raised. The truck hit the warning device that hangs over the roadway to alert drivers that they may hit the bridge. Chief Noble says the warning indicators were struck but the truck didn't stop. It hit the bridge so hard that it knocked off a section of concrete and dislodged the steel beam.

Austin County Judge Tim Lapham confirms this bridge has been struck before, on a regular basis. The state has it scheduled to be replaced in 2017, with the bidding process about to begin.

Judge Lapham said it has been a problem for a long time. He add that the bridge was hit last year and he was hoping it would be replaced then but it wasn't. He told abc13 no serious injuries have occurred in the accidents, to the judge's knowledge, because usually the equipment bears the brunt of the damage.

On Thursday, a spokesperson for Texas Disposal Systems issued the following statement regarding the accident:

"We regret a TDS truck was involved in an incident impacting an overpass in Sealy, TX. We have been told there was a fatality and are saddened by the loss resulting from this incident. Our deepest sympathies go to the family members and friends. An investigation is currently underway by local authorities. TDS is cooperating fully and will also be conducting its own investigation. The truck driver, as reported to us, did not sustain major injuries. We will be in communication with the community and public as relevant information becomes available."

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