Lowe's Home Center filed a 16-count complaint against a consultant involving the retailer's acquisition of a former junkyard in Claremont, New Hampshire
The retailer purchased the 17.6-acre site in 2005 to build a new store. However, the store opening has been delayed several years because PCB contamination was more extensive than envisioned. According to the complaint, the remedial plan prepare by Tetra Tech failed to identify all the PCB-contaminated areas at the site. As a result, 7500 cubic yards of contaminated soil from grading activities was disposed at a nearby gravel pit belonging to Norm St. Aubin & Sons. The gravel pit operator subsequently sought damages from Lowe's. After the contamination was discovered, about 17,500 cubic yards of soil had to be removed from St. Aubin.
The case is Lowe's Home Centers Inc. v. Tetra Tech Inc. et al., No. 10-00067, in the U.S. District Court for the District of New Hampshire
Comment
I bet Lowes wished that they had environmental insurance! And Tetra Tech's insurance carrier is absolutely on notice - wonder what their policy limits are ...? Probably not $14 million - which doesn't even include litigation fees. If liable - they will be out-of-pocket.
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