Contractors

Concrete / Masonry

Contractors working with concrete and masonry face many environmental risk exposures. Installing, repairing, and removing concrete can generate respirable dust containing crystalline silica and other hazardous substances that can cause third-party bodily injury. Other materials used in operations may include cement, sealants, coatings, and acids. During use, hazardous fumes may be generated, or spills or releases of these materials can cause environmental damage. Transporting and disposing of concrete and other materials may create environmental liability. Concrete washout water is caustic and corrosive, and improper handling and disposal can lead to cleanup and damage to natural resources. Concrete and masonry installation can also create moisture conditions leading to mold and mildew growth. Additionally, concrete/masonry contractors can incur professional liability exposure through their involvement in design aspects, value engineering, or field changes to the design.

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Concrete / Masonry

CPL

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Environmental Exposures May Include:

Crystalline Silica
Cement
Concrete Washout Water
Materials Used During Installation
Spills or Leaks
Improper Disposal
Fuel or Lubricant Oil Release
Underground Utilities

Crystalline Silica

Crystalline silica is one of the minerals present in sand, aggregate, and cement used in concrete mixtures by contractors. Construction processes such as blasting, cutting, chipping, drilling, and grinding make silica respirable. Third parties can breathe in crystalline silica dust, and exposure can lead to respiratory illnesses, including lung cancer and silicosis, which in severe cases can be disabling or even fatal.

Cement

Exposure to cement can irritate the eyes, nose, throat, and upper respiratory system. Contact with the skin may result in moderate irritation, thickening/cracking, and severe skin damage from chemical burns. Third parties can be injured if exposed to cement.

Concrete Washout Water

Concrete washout water contains toxic metals and is caustic and corrosive, having a pH near 12. Improper concrete washouts or leaks/spills can percolate through the soil, alter the soil chemistry, inhibit plant growth, and contaminate groundwater. Its high pH can increase the toxicity of other substances in surface waters and soils. Contamination or damage to natural resources or aquatic life could occur.

Materials Used During Installation

Materials used during installation or removal of concrete/masonry products, including sealants, etchants, coatings and emulsions, mortar admixtures, acids, chemicals used in the hardening of concrete, and cleaning chemicals for masonry and equipment, may be hazardous. Spills, improper storage, and exposure to stormwater can cause contamination of surface water, groundwater, and soils. Air emissions, such as fumes from these chemicals, may drift during application and cause bodily injury to third parties.

Spills or Leaks

Spills or leaks can occur during transportation to and from jobsites and during the loading and unloading of materials, including concrete, chemicals, and jobsite waste, resulting in cleanup costs and tort liability.

Improper Disposal

Improper disposal of jobsite debris and waste, chemicals used during work, or concrete washout water can cause contamination at a landfill or disposal facility. As a result, a contractor may incur environmental tort liability or regulatory violations.

Fuel or Lubricant Oil Release

Equipment, concrete pumping trucks, and mobile fueling tanks may be brought to a jobsite. Release of fuels or lubricant oils can occur from vandalism or accidents and discharge pollutants into the environment, requiring cleanup.

Underground Utilities

Underground utilities, including gas lines, water and sewage pipes, and unknown hazards beneath the surface (such as abandoned storage tanks and septic tanks), can be struck while preparing concrete forms or damaged by heavy equipment. Fuels, sewage, etc., could be released, leading to environmental liability for the contractor.

Contractors Pollution Liability Can Provide Coverage For

  • Contracting operations completed “by or on behalf of” the insured
  • Contracting operations performed at a jobsite
  • Third-party claims for bodily injury and property damage
  • Third-party claims for cleanup
  • Defense of third-party claims
  • First-party emergency response costs
  • Lead and asbestos
  • Mold, legionella, bacteria, and fungi
  • Non-owned disposal sites
  • First and third-party transportation pollution liability
  • Loading and unloading
  • Sudden and accidental coverage for owned/leased locations
  • Natural resource damage
  • Crisis/publicity management
  • Silt and sedimentation

    • Claims Scenarios & Examples

    To shorten the concrete curing time, a masonry contractor used a concrete curing compound that contained xylene, a carcinogenic volatile organic chemical. Xylene vapors migrated into the HVAC system of the building where the work was being performed. Ten people became sick and filed suit against the contractor. The contractor’s general liability carrier denied coverage because of the pollution exclusion.
    A contractor added a curing agent to a concrete utility trench. The curing agent, which contained xylene, emitted vapors. A third party walking by the trench became dizzy and fell into the trench. The person filed suit against the contractor for the injuries sustained in the fall. The contractor filed a claim with his general liability insurance carrier. The carrier denied coverage under the pollution exclusion, and the court upheld the exclusion, stating that an absolute pollution exclusion in the policy restricted coverage.
    A concrete contractor was placing concrete at a gas station. While setting up the concrete forms, the contractor punctured a fuel line with a rebar stake; however, the leak was not discovered for several hours. The contractor was liable for the cleanup of the release.
    A concrete contractor washed out the concrete truck chute into a storm drain which discharged the wash water into a nearby creek. The washout damaged vegetation and aquatic life, with natural resource damages totaling over $200,000.
    A concrete contractor had a mixing plant at a construction site. The mix called for lime, and the contractor used its own trucks to transport it to the construction site. On route, the truck crashed and spilled its load onto the interstate. Several vehicles drove through the spill, and their vehicles were damaged. Lime, a corrosive substance, ate through the clear coats of these vehicles. The vehicle owners sued the contractor.
    A crew working on a hospital’s six-story parking garage was spreading sealant on newly cured concrete when they ran out of sealant with two floors to go. The job foreman replaced the original brand of sealant with another one to complete the job. The foreman didn’t know that the first sealant was specifically chosen because of its low level of toxic fumes. The new sealant released toxic fumes, which made their way into the second-floor HVAC intake system, leading into the hospital nursery. Because of this, six newborns were left in respiratory distress.
    A contractor left an unfinished concrete vault open over the weekend. Heavy rains washed away sediment controls, allowing sand and silt to migrate from the unfinished vault into a nearby bay. As a result, the contractor was fined by a regulatory agency for Clean Water Act violations.
    An elementary school hired a masonry contractor to work on the exterior wall of the cafeteria. The building was originally built in the 1950s. After removing 30 feet of shoring, the wall collapsed onto the tiled floor, causing the asbestos-containing flooring to be damaged. Monitoring after the collapse identified asbestos fibers had been released at a hazardous level within the building.
    A contractor used muriatic acid while doing a concrete etching job in a commercial building. The acid’s corrosive fumes were not properly contained. They were released into the building, damaging chrome fixtures that had been newly installed. The contractor was responsible for property damages.
    A masonry contractor performed a renovation project at a historic building. The employees of an adjacent building alleged that adequate controls were not implemented to contain dust from the project, and they sued the contractor for bodily injury from exposure to crystalline silica-containing dust.

    Concrete / Masonry

    CPL/PL

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    Environmental and Professional Exposures May Include

    Crystalline Silica
    Cement Contact & Health Hazards
    Concrete Washout Water
    Underground Utilities
    Chemical Handling
    Transport and Loading Spills
    Moisture Intrusion and Mold
    Jobsite Debris and Disposal
    Equipment Fluids
    Design Errors & Omissions
    Preconstruction Planning and Modifications

    Crystalline Silica

    Crystalline silica is one of the minerals present in sand, aggregate, and cement used in concrete mixtures by contractors. Construction processes such as blasting, cutting, chipping, drilling, and grinding make silica respirable. Third parties can breathe in crystalline silica dust, and exposure can lead to respiratory illnesses, including lung cancer and silicosis, which in severe cases can be disabling or even fatal.

    Cement Contact & Health Hazards

    Exposure to cement can irritate the eyes, nose, throat, and upper respiratory system. Skin contact may result in moderate irritation, thickening/cracking, and severe skin damage from chemical burns. Third parties can be injured if exposed to cement.

    Concrete Washout Water

    Concrete washout water contains toxic metals and is caustic and corrosive, having a pH near 12. Improper concrete washouts or leaks/spills can percolate through the soil, alter the soil chemistry, inhibit plant growth, and contaminate groundwater. Its high pH can increase the toxicity of other substances in surface waters and soils. Contamination or damage to natural resources or aquatic life could occur.

    Underground Utilities

    Materials used during installation or removal of concrete/masonry products, including sealants, etchants, coatings and emulsions, mortar admixtures, acids, chemicals used in the hardening of concrete, and cleaning chemicals for masonry and equipment, may be hazardous. Spills, improper storage, and exposure to stormwater can cause contamination of surface water, groundwater, and soils. Air emissions, such as fumes from these chemicals, may drift during application and cause bodily injury to third parties.

    Chemical Handling

    Spills or leaks can occur during transportation to and from jobsites and during the loading and unloading of materials, including concrete, chemicals, and jobsite waste, resulting in cleanup costs and tort liability.

    Transport and Loading Spills

    Spills or leaks can occur during the transportation to and from jobsites and during the loading and unloading of materials, including concrete, chemicals, and jobsite waste, resulting in cleanup costs and tort liability.

    Moisture Intrusion and Mold

    Moisture intrusion into building material can occur from improper installation or design of drainage and moisture barrier systems or by moisture wicking through the concrete from the surrounding soil. It may also occur if there’s an excess of moisture in the concrete mixture, if the concrete did not dry sufficiently before continuing other construction work, or if the concrete was improperly mixed and later cracks. Moisture intrusion into building materials can result in mold and mildew growth, posing health issues to third parties.

    Jobsite Debris and Disposal

    Improper disposal of jobsite debris and waste, chemicals used during work, or concrete washout water can cause contamination at a landfill or disposal facility. As a result, a contractor may incur environmental tort liability or regulatory violations.

    Equipment Fluids

    Equipment, concrete pumping trucks, and mobile fueling tanks may be brought to a jobsite. Release of fuels or lubricant oils can occur from vandalism or accidents and discharge pollutants into the environment, requiring cleanup.

    Design Errors & Omissions

    Concrete/masonry contractors may provide design, testing, or inspection services that can result in professional liability. Errors and omissions associated with these professional services can result in time delays, budget overruns, and rework.

    Preconstruction Planning and Modifications

    Concrete/masonry contractors can be involved in preconstruction planning, selection of materials, or value engineering and provide input on design, construction methods, scheduling, and costs. Contractors may also modify design specifications or material choices while at the jobsite. Malfunctions arising from these inputs/changes can create a direct professional responsibility for the contractor.

    A Combined Pollution & Professional Liability Policy Can Provide Coverage For

    Contracting operations completed “by or on behalf of” the insured

    Contracting operations performed at a jobsite

    Third-party claims for bodily injury and property damage

    Third-party claims for cleanup

    Defense of third-party claims

    First-party emergency response costs

    Mold, legionella, bacteria, and fungi

    Silt and sedimentation

    Lead and asbestos

    Sudden and accidental coverage for owned/leased locations

    First and third-party transportation pollution liability

    Non-owned disposal sites

    Loading and unloading

    Natural resource damage

    Crisis/publicity management

    Mitigation/rectification

    Excess/contingent design

    Claims Scenarios & Examples

    A contractor added a curing agent to a concrete utility trench. The curing agent, which contained xylene, emitted vapors. A third party walking by the trench became dizzy and fell into the trench. The person filed suit against the contractor for the injuries sustained in the fall. The contractor filed a claim with his general liability insurance carrier. The carrier denied coverage under the pollution exclusion, and the court upheld the exclusion, stating that an absolute pollution exclusion in the policy restricted coverage.
    A concrete contractor was placing concrete at a gas station. While setting up the concrete forms, the contractor punctured a fuel line with a rebar stake; however, the leak was not discovered for several hours. The contractor was liable for the cleanup of the release.
    A concrete contractor washed out the concrete truck chute into a storm drain which discharged the wash water into a nearby creek. The washout damaged vegetation and aquatic life, with natural resource damages totaling over $200,000.
    A crew working on a hospital’s six-story parking garage was spreading sealant on newly cured concrete when they ran out of sealant with two floors to go. The job foreman replaced the original brand of sealant with another one to complete the job. The foreman didn’t know that the first sealant was specifically chosen because of its low level of toxic fumes. The new sealant released toxic fumes, which made their way into the second-floor HVAC intake system, leading into the hospital nursery. Because of this, six newborns were left in respiratory distress.
    A contractor left an unfinished concrete vault open over the weekend. Heavy rains washed away sediment controls, allowing sand and silt to migrate from the unfinished vault into a nearby bay. As a result, the contractor was fined by a regulatory agency for Clean Water Act violations.
    An elementary school hired a masonry contractor to work on the exterior wall of the cafeteria. The building was originally built in the 1950s. After removing 30 feet of shoring, the wall collapsed onto the tiled floor, causing the asbestos-containing flooring to be damaged. Monitoring after the collapse identified asbestos fibers had been released at a hazardous level within the building.
    A contractor used muriatic acid while doing a concrete etching job in a commercial building. The acid’s corrosive fumes were not properly contained. They were released into the building, damaging chrome fixtures that had been newly installed. The contractor was responsible for property damages.
    A masonry contractor performed a renovation project at a historic building. The employees of an adjacent building alleged that adequate controls were not implemented to contain dust from the project, and they sued the contractor for bodily injury from exposure to crystalline silica-containing dust.
    A concrete contractor had a mixing plant at a construction site. The mix called for lime, and the contractor used its own trucks to transport it to the construction site. On route, the truck crashed and spilled its load onto the interstate. Several vehicles drove through the spill, and their vehicles were damaged. Lime, a corrosive substance, ate through the clear coats of these vehicles. The vehicle owners sued the contractor.
    A concrete contractor added water to a structural member during finishing without consultation from the engineer on the project. The structural member later experienced scaling, identified during building inspections for occupancy. The cause of the scaling was traced back to the addition of water by the contractor. The contractor was required to perform repairs, and the building opening was delayed resulting in economic losses for the building owner.
    A contractor poured a concrete slab on a project during unexpectedly cold temperatures below 32 degrees. The design specifications called for the concrete to only be poured during temperatures above freezing. During subsequent testing, the concrete did not meet sufficient strength requirements. The contractor had to remove and repour the slab, causing delays and additional costs.
    During the construction of an underground parking garage for a new library, the concrete contractor encountered some unforeseen problems, including flooding of the excavation right after laying steel and access issues for concrete pours. A year into the project, inspections discovered cracks and gaps in the garage’s concrete foundation, beams, and columns. An independent engineer discovered both design and construction problems were to blame. The project was delayed 16 months and had budget overruns of $45 million to repair the issues. The concrete contractor was sued for negligence and had to defend itself.
    To shorten the concrete curing time, a masonry contractor used a concrete curing compound that contained xylene, a carcinogenic volatile organic chemical. Xylene vapors migrated into the HVAC system of the building where the work was being performed. Ten people became sick and filed suit against the contractor. The contractor sought coverage from its general liability policy; however, the carrier denied the claim because of the pollution exclusion.

    Final Consideration

    This environmental risk overview is intended to provide the reader with a broad range of potential risks they may encounter and may not reflect all of the risks associated with their business.

    Disclaimer

    This environmental risk overview offers a general understanding of potential risks and may not reflect all risks associated with your business. Environmental Risk Professionals has compiled this overview for informational purposes only. This overview does not constitute legal opinion or advice, nor does it establish a consultant-client relationship. This overview is not intended to guide project parties in interpreting specific contracts or resolving disputes; such decisions may require consultation with counsel and depend on various factors. © 2025 Environmental Risk Professionals, LLC

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