(USA Herald) – A Georgia-based mining company, Thiele Kaolin Co., is locked in a legal battle with environmental consultant firm Environmental Resources Management-Southeast Inc. (ERM). Thiele Kaolin has accused ERM of bungling an assessment
of a mineral processing plant and has claimed that the agreement between the two companies does not shield ERM from legal action. In a recent motion, Thiele Kaolin stated that their agreement with ERM “expressly contemplates” the possibility of lawsuits being filed in the event of a liability issue, refuting ERM’s claims that the contract makes neither party responsible for financial losses.
The mining company claims that the contract’s liability limitation section, which includes a forum selection clause for the state of Georgia, states that the agreement will be governed by the state’s laws and mentions the possibility of legal action several times. Thiele Kaolin has also pointed out that ERM was required to hold professional and pollution insurance, which would have been unnecessary if the contract barred lawsuits.
