MEC&F Expert Engineers

Sunday, July 17, 2016

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



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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


A 29-YEAR-OLD ORCHARD LABORER FELL FROM THE ELEVATED BASKET OF AN AERIAL LIFT AND SUFFERED A SERIOUS HEAD INJURY





Orchard worker using fall protection (full body harness with lanyard) while working from a powered platform to maintain an orchard shade cloth system

On May 6, 2015, a 29-year-old orchard laborer fell from the elevated basket of an aerial lift and suffered a serious head injury.

The laborer had five years’ experience working in orchards, two of which were with at his employer’s orchard. He had received safety training relating to his job duties from his employer.

During the growing season, his full-time duties included maintaining the orchard shade cloth system. Horizontal cable wires 17 to 20 feet high supported by poles allowed cloth to be rolled out like a curtain to provide shade for trees.

He and other employees worked to extend and roll up the shade cloth as well as maintain the cable system that supports the cloth. On the day of the incident, the laborer was using a three-wheeled aerial lift to access the shade cloth system in order to roll out the cloth.

He was working from the lift’s elevated basket. He had previously operated this type of lift. He was not using a fall protection harness with a lanyard attached to the basket.

As he was manually moving the shade cloth, the supporting cable wire snapped and knocked him out of the basket. He fell 17 feet from the basket to the ground.

He was knocked unconscious and taken to a hospital where he was diagnosed with a skull fracture and a traumatic brain injury. He suffered numerous complications related to his injury and was still unable to return to work more than a year later.



 Requirements
• The manufacturer’s instructional manual, if any, must be used to establish the proper operational sequences and maintenance procedures. If there is no manual, you must develop instructions. The instructions must be available for reference by operators.

See WAC 296-307-27010(1)
• Only employees qualified by training or experience may operate aerial manlifts.

See WAC 296-307-27010(3)

Recommendations
• Ensure that all persons on the platform of boom supported elevating work platforms wear a body belt or full body harness and lanyard fixed to the manufacturer provided and approved attachment points to prevent workers from being ejected from the platform or in the event that they do fall from the platform their fall will be arrested.

• Choose the appropriate fall protection system based on the manufacturer’s specification or, if this is not available, on the type of elevating work platform to be used and the work activity.

• A personal fall restraint system will prevent persons on the elevating work platform from falling any distance. A fall restraint system should be preferred over a fall arrest system whenever possible.

• A fall arrest system should allow workers to move around the platform but provide a minimum of lanyard slack.

Legionella, the bacteria responsible for the respiratory condition Legionnaires’ disease, has been found in the tap water of Ocean City’s Golden Sands Condo



Legionnaires’ cases traced to Golden Sands Condo in OC


Legionella, the bacteria responsible for the respiratory condition Legionnaires’ disease, has been found in the tap water of Ocean City’s Golden Sands Condo, the Worcester County Health Department reported.

“Golden Sands first tested positive back in the fall when we discovered a small cluster of two cases who contracted Legionnaires’ after staying there,” Worcester County director of communicable diseases Kathy Derr said. “We’ve identified an additional two cases last month.”

Derr stated that, following the incidents in fall of 2015, Golden Sands did take preventive measures to contain the outbreak.

“When these situations occur, we require that the facility has a water consultant expert,” Derr said. “We’re good with public health and we can certainly help with education, but we are not water quality experts. So the facility has hired a water consultant who has developed a plan for them. They began implementing that plan, which included the addition of a second chlorine filtration unit, which they’ve been running for a couple months now. We ask that the facility to continue to test their water to prove that the plan is effective. We’ve been requiring tests every two weeks.”

Ed Galyon of Coldwell Banker, the realty company that represents Golden Sands, commented on what was done following the initial cases.

“Following the first cases, we had super chlorinated all of the pipes in the building,” Galyon said. “We saw a significant drop in bacteria after that. We then hired the people that put in the system at Seascape, and they pumped sodium chloride through the pipes. After that, we saw an almost zero level of bacteria.”

Legionnaires’ is a form of pneumonia, with symptoms including shortness of breath, headaches, coughing and fever. Breeding often in freshwater, man-made environments such as fountains and hot tubs, the CDC reports that Legionnaires’ is fatal in approximately 1 in 10 people. However, it is a non-contagious disease which can be treated if medical attention is received quickly.

“It is treatable if people get medical attention promptly,” Derr said. “Which is why we think its important for people staying at the Golden Sands to know the risks, and if they start experiencing symptoms, to seek medical attention.”

Of the four cases reported from Golden Sands in the past year, none have been fatal.

Derr further said that, while Legionnaires’ is a serious condition, it is not regularly tested for and not a commonly spread disease.

“We don’t regularly test for it, probably the only reason, from a public health standpoint, for us to test for it is if there is a report of illness, and specifically reports of Legionella,” Derr said. “In this case, when we have two patients who have the same source, that’s considered an outbreak.”

Derr said with two cases considered an outbreak, and the four total cases stemming from Golden Sands considered one continuing outbreak, there have been a total of eight Legionella outbreaks in Worcester County since 2003.

Source: http://www.delmarvanow.com, July 15, 2016
By: Gino Fanelli

PADEP Revokes Storage Tank Certification of Mott Tank Inspection, Inc. and D&A Environmental, Inc. for falsifying documents and inspection reports

COMMONWEALTH OF PENNSYLVANIA
Dept. of Environmental Protection

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

FOR IMMEDIATE RELEASE
07/15/2016
CONTACT:
Neil Shader, DEP
717-787-1323

 
PADEP Revokes Storage Tank Certification of Mott Tank Inspection, Inc.



Harrisburg, PA -- The Department of Environmental Protection (DEP) has revoked the storage tank certification of Mott Tank Inspection, Inc., of Clarks Summit, Pennsylvania.
A statewide DEP investigation found that two employees of Mott Tank Inspection, Inc.—Alden Ayers and Roger Hardy—falsified documents from October 2014 to May 2015, including inspection reports completed by uncertified individuals. As a result of the investigation, both employees agreed to the revocation of their individual DEP-issued tank handling and inspection certifications.  Ayers also agreed to revocation of the company certification of D&A Environmental, Inc., as Ayers is president of that firm.
“We take the falsification of records very seriously, especially when it comes to safeguarding the environment,” said DEP Acting Secretary Patrick McDonnell. “Our staff works diligently to ensure that record-keeping is conducted appropriately and inspections are performed by certified individuals.” 
Documents were found to be falsified from six storage tank facilities in Allegheny, Chester, McKean, Montgomery, and Northumberland Counties. DEP has contacted the impacted businesses and is currently working with them to develop a timeline for re-inspection to ensure compliance with the Storage Tanks Regulations. 

Aon is accused of professional negligence in its placement of a wrap-up insurance policy for a Las Vegas stadium

Aon sued over $230 million Las Vegas arena project

by |
A joint venture between two US construction firms has accused international brokerage Aon of professional negligence in its placement of a wrap-up insurance policy for a Las Vegas stadium.

Hunt Construction and Penta Building, the contractors of the T-Mobile Arena, have filed a complaint against Aon Risk Services South, which they asked to advise regarding the wrap-up insurance program for the project.

The contractors alleged that Aon claimed to be "a leader in construction project wrap-ups” and that it was experienced and skilled in providing professional services related to the insurance program.

“However, Aon did not perform the contract as it warranted. Instead, Aon breached its obligations to Hunt/Penta by rendering its professional services negligently, and as a result, Hunt/Penta has suffered substantial damages,” the firms said in their complaint.

In June 2014, Aon agreed to provide insurance and financial risk management support services related to the wrap-insurance policy for the 20,000-seat arena.

If designed and administered properly by Aon, the wrap-up insurance program would have resulted in decreased project costs and increased profits to the contractors and savings to the project owner.

The contractors said the building price of the T-Mobile Arena was supposed to be about US$230m (approximately £176 million), but the final construction costs exceeded that amount.

According to the complaint, Aon initially told the firms that the subcontractor deducts for the project would be $4.5m, based on the broker’s actual experience in Nevada.

However, Aon later confessed that it had no actual experience in the state, the contractors alleged.

More than a year later, Aon claimed that as of November 2015, the subcontractor deducts would be approximately US$1.3 million less than it initially represented.

“Defendants were negligent in performing their calculations of the Subcontractor Deducts. Defendants' negligence is self-evident from the fact that their calculations differ from the Subcontractor Deducts actually recognized on the T-Mobile Arena Project by some $1.3 million,” the contractors said in their complaint.

They said the broker “significantly misrepresented” and “vastly overstated” the subcontractor deducts.

The firms said Aon should have followed the same procedure an insurer writing a worker's compensation insurance policy in Nevada would have taken to determine the premium for the policy.

Aon allegedly breached “fiduciary-like” obligations when it failed to disclose its lack of experience in the Nevada insurance market and its mistakes in providing services, the contractors claimed.

“Furthermore, Aon breached the duty of good faith and fair dealing inherent in every contract when it failed to disclose its lack of experience in the Nevada insurance market and failed to disclose its mistakes in providing its services to Hunt/Penta,” they said.