Not the Light at the End of the Tunnel
Over eight years of negotiations over the fate of the former Deutsche Bank Building may be coming to an end. The building, located at 130 Liberty Street, faces the World Trade Center and became a serious environmental hazard on September 11, 2001. Now the Lower Manhattan Development Corp. (LMDC), established to oversee the reconstruction of the community following the terrorist attacks, may be close to resolving the expense of the building’s decontamination. Since 9-11, the building has been covered by a dark tarp to limit airborne contaminants of soot and ash released when the World Trade Center burned to the ground. Community activists opposed the proposed demolition of the building for fear of health effects to the local residents. Instead a compromise was negotiated: a staged decontamination and demolition process. But the process appeared jinxed as it dragged on for years, marred by horrific accidents and costly delays. In 2007, a fire broke out in the building, claiming the lives of two firemen. The building contractor admitted to wrongdoing in respect of its practices. The delays caused the costs of building decontamination to reach in excess of $200 million, provoking protest from the building’s insurers. The insurance companies have an excess of loss agreement in place to cover the decontamination costs. But the manner in which those costs have escalated necessarily gives rise to disputes over payments due. The LMDC and the insurance companies are reportedly close to concluding a financial settlement. Now comes the next round of disputes: what to do with any payments in excess of building remediation costs? Various groups are lobbying for their share of the spoils. Imagine what misery continues to exist for the residents and small businesses of disaster-ravaged communities who just want to put the tragedy behind them and get on with their lives.