CONTRACTOR POLLUTION

EXPOSURE EXAMPLES

Silt/Sedimentation Exposure

A Subcontractor is hired by a General Contractor to

construct a new office building on vacant, undeveloped

land. During the initial clearing/grading phase, the

Subcontractor improperly installs silt fencing. Heavy rain

occurs for a one week period resulting in runoff of silt/

sedimentation to an adjacent property and stream. This

results in a monetary award to the adjacent property owner

for property damage/loss of use and State Agency civil

penalties for silt/ sedimentation run-off into the stream.

Contaminated Soil Exposure

A General Contractor is hired to construct a building in an

urban area. During excavation activities at the construction

site, dump trucks are loaded with dirt to be hauled to a

nearby construction site for fill. The dump truck operators

opted not to utilize their truck tarps during transit because

the receiving facility was roughly three quarters of a mile

from the subject site. The trucks pass by several residential

homes on the way to the receiving facility.

A child is playing in her front yard during these activities and

is subject to inhalation of the dust coming from the dump

trucks. Several days later the child has become severely ill

and is losing her hair. Her parents take her to the hospital and

she is diagnosed with toxic, heavy metal poisoning. The

originating construction site is contaminated with Thallium, a

heavy metal, and the inter-facility release results in monetary

awards for bodily injury and property damage.

Exacerbation Exposure

A Subcontractor is hired by a General Contractor for site

development and grading of a former gas station site to be

redeveloped into a fast food restaurant. During grading

activities, the Subcontractor spreads soil contaminated with

chlorinated solvents from a previously unknown dry cleaner

at the site. The grading activity spreads the once isolated

contaminated soil over the entire site, thereby resulting in

significant costs to remediate the contamination.

Additionally, adjacent property owner files a claim for

business interruption due to the interruption of ingress onto

his property during the associated remediation activities.

Asbestos Exposure

A General Contractor is hired by a commercial building

owner to renovate an existing building in phases. During the

renovation activities, the General Contractor inadvertently

disturbs asbestos covered piping, which releases asbestos

fibers into the ambient air within the building. Tenants of the

building in adjacent areas to the renovation are notified and

asked to evacuate. This results in third-party damages for

business interruption suffered by the commercial tenants,

and allegations of bodily injury resulting from asbestos

inhalation, including associated legal defense expenses.

Mold Exposures

A General Contractor is hired to construct a mixed-use

building. During the construction activities, the General

Contractor improperly installs flashing around certain areas

of the buildings windows and doors. Five months after the

certificate of occupancy is issued for the building, heavy

rains infiltrates into the exterior wall cavity of the building

resulting from the improperly installed flashing, which is

followed by associated mold growth. This results in significant

costs to remediate the building, business interruption, legal

defense expenses, as well as costs for third-party bodily injury

and property damage.

A General Contractor is hired to construct a hotel. The

project is near completion when it was discovered that an

air handler unit needed to be installed on the top floor. The

unit is too large for to fit through the designated opening, so

the General Contractor is required to open a hole in the roof

to allow installation of the air handler. The General

Contractor takes precautions to prevent any rain water from

entering the building during the installation, but a heavy rain

event overwhelms their water prevention controls and the

resulting water damage ends up creating a significant mold

condition in the building. This results in significant costs to

remediate the mold.

Indoor Air Quality/Dust/Silica Exposure

A General Contractor is hired to renovate a structure. During

the construction, concrete is demolished and the General

Contractor appears to have addressed indoor air quality

concerns by identifying intake vents that could possibly be

affected by the work, and those portions of the HVAC

system are turned off. Due to a breakdown in

communication between the General Contractor and

owner/property manager, as well as between the owner/

property manager and other third-party vendors, a third-

party vendor arrives at the site and turns the dormant HVAC

units back on, thereby spreading concrete dust into the

remainder of the building. Concrete dust can contain

harmful amounts of silica. This results in third-party damages

for business interruption, bodily injury and property damage, and also requires an extensive clean-up effort.

Post-Construction Clean-Up Exposure

A General Contractor is hired to renovate a structure around

on-going business operations. The construction is completed

on-time and within budget. During the final walk through, the

General Contractor uses a chemical cleaner to remove

label/tag adhesive from newly installed equipment.

Unfortunately, a building occupant has an adverse reaction

to the chemical cleaner and suffers injury harmful reaction.

This results in legal defense expenses, the need to bring in an

Indoor Air Quality expert to conduct air sampling, and third-

party bodily injury.

Excavation/Grading Contractor Exposure

An excavation/grading contractor is hired to install a new

parking lot and ruptures a historic, unknown/ unmarked

petroleum storage tank causing a release into the

surrounding soil. This results in remediation costs and third-

party business interruption.

Utility Contractor Exposure

A utility contractor is hired to upgrade sewer lines in a

residential neighborhood. Incorrect grading of the new line

results in a sewer line back-up in the basements of the

several homes. This results in third-party property damage,

legal defense expenses associated with multiple claimants,

and third-party bodily injury.