Accidental Puncture of the Underground Hazards
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 by equipment. An accidental puncture and release of fuels, chemicals, toxic gases, or sewage can contaminate soil and groundwater and release hazardous air emissions, resulting in cleanup costs, bodily injury, and third-party property damage claims.
Vehicle Accidents
Vehicle accidents involving rollovers or upsets on highways could cause the release of excavated materials. Contaminants in excavated soils may migrate to soil, groundwater, or surface waters. Spilled soil, rock, and other materials can also impact stormwater drainage systems or harm aquatic life.
Excavating Contaminated Soil
Excavating contaminated soil requires proper containment and dust control, hauling in covered dump trucks, and disposal at approved treatment, storage, or disposal facilities. Equipment must be thoroughly cleaned before leaving the site. Inadequate procedures can cause contamination migration, leading to cleanup and third-party injury or property damage claims.
Asbestos and Crystalline Silica
Naturally occurring asbestos and crystalline silica are present in some rock formations. These materials can become airborne as fibers or dust during trenching and excavation. Once disturbed, they may expose workers and third parties to inhalation hazards. Improper disposal or reuse off-site can also cause contamination or harm.
Contaminated Soil or Solid Waste
Contaminated soil or solid waste may be transported to off-site treatment or disposal facilities. Some media require pre-treatment to comply with land disposal restrictions. Improper disposal or misdelivery of unidentified contaminated fill can lead to environmental tort liability or regulatory violations.
Silt and Sediment
Silt and sediment are fine soil particles that can migrate in run-off during rain events, water line breaks, or dust control watering. Bare ground during construction leaves soil vulnerable to erosion. Inadequate control can cause run-off that clogs stormwater systems, damages streams, and leads to regulatory fines or cleanup orders under the Clean Water Act.
Accidental Spills or Leaks
Heavy equipment and portable refueling tanks may be brought to the jobsite. Accidental spills or leaks of fuels, lubricants, oils, or chemicals—or vandalism—can discharge pollutants into the environment and require cleanup.
Pre-existing Contaminated Soil
Pre-existing contaminated soil could be unknowingly excavated and spread to clean areas, or create liability during transportation and disposal.
Fugitive Dust and Particulates
Fugitive dust and particulates can occur during excavation and hauling. Inadequate containment measures can lead to third-party bodily injury or property damage.
Dewatering Activities
Dewatering activities can impact groundwater and surface water. Untreated water from dewatering operations may contain sediment or other pollutants from the site. Improper discharge can erode soil, spread contamination, or pollute nearby lakes, wetlands, or storm drains.
Contractors Pollution Liability Can Provide Coverage For
Claims Scenarios & Examples
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 by equipment. An accidental puncture and release of fuels, chemicals, toxic gases, or sewage can contaminate soil and groundwater and release hazardous air emissions, resulting in cleanup costs, bodily injury, and third-party property damage claims.
Pre-existing Contaminated Soil
During excavation and grading, unknown pre-existing contaminated soil could be collected and spread to clean areas of a site or create environmental liability in the transportation and disposal of the contaminated soil.
Fugitive Emissions
Fugitive emissions, including dust and particulates, may occur during excavation and grading activities and when transporting excavated materials. If containment measures are inadequate, third-party bodily injury or property damage can occur.
Contaminated Material Management
Naturally occurring asbestos and crystalline silica are present in some rock formations. These materials can become airborne as fibers or dust during trenching and excavation. Once disturbed, they may expose workers and third parties to inhalation hazards. Improper disposal or reuse off-site can also cause contamination or harm.
Silt and Sediment
Contaminated soil or solid waste may be transported to off-site treatment or disposal facilities. Some media require pre-treatment to comply with land disposal restrictions. Improper disposal or misdelivery of unidentified contaminated fill can lead to environmental tort liability or regulatory violations.
On-Site Equipment and Fuel Spills
Heavy equipment and portable refueling tanks may be brought to and stay on the jobsite during excavation and grading work. Accidental spills or leaks of fuels, lubricants, oils, and chemicals or vandalism can discharge pollutants into the environment and require cleanup.
Transportation Releases and Accidents
Accidents involving vehicles, such as a rollover or upset on the highway or roadway, could cause the release of excavated materials. Contaminants in excavated soils may migrate to soil, groundwater, or surface waters. Additionally, spilled soil, rock, and other excavated materials can impact the proper functioning of stormwater drainage systems or migrate to surface waters and harm aquatic life.
Decontamination and Soil Containment
Excavating known contaminated soil requires proper containment and dust reduction procedures, hauling in covered dump trucks, and taking soils to approved treatment, storage, or disposal facilities. Equipment must also be thoroughly cleaned and decontaminated before leaving the site. Inadequate procedures can cause migration of the contamination and lead to cleanup and third-party bodily injury and property damage liability.
Dewatering Activities
Dewatering activities during excavations can negatively impact groundwater and surface water. Untreated water from construction dewatering operations may contain sediment or other pollutants found on-site from current or past land use. Dewatering must be done properly to avoid eroding the soil on construction sites and to prevent the spread of pollutants when water is discharged or pumped to off-site surface waters, such as lakes and wetlands, or directly to storm sewer inlets.
Design Errors & Omissions
Contractors may provide design services that can result in professional liability. This may include performing in-house geotechnical or civil design, hiring design firms as subcontractors or through a joint venture, or providing professional opinions on design aspects. Errors and omissions can cause time delays, budget overruns, and rework.
Preconstruction Planning and Modifications
Excavation contractors can be involved in preconstruction planning and provide input on design, construction methods, scheduling, and costs. Contractors may also make modifications to design specifications while at the jobsite. Malfunctions arising from these inputs/changes create a direct professional responsibility for the contractor.
A Combined Contractors Pollution & Professional 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
Natural resource damage
Sudden and accidental coverage for owned/leased locations
First and third-party transportation pollution liability
First-party emergency response costs
Mold, legionella, bacteria, fungi, lead, asbestos, and more
Non-owned disposal site liability
Loading and unloading
Silt and sedimentation
Mitigation/rectification
Excess/contingent design
Claims Scenarios & Examples