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. Additionally, 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.

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Crystalline Silica

Exposure to 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.

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. 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.