ERP - Environmental Risk Professionals

Disturbance of Asbestos & Mold

Existing asbestos or mold could be disturbed during installation, repair, or renovation. Asbestos-containing materials may be present in older buildings, and airborne release of inhalable fibers could occur and cause serious health hazards or fatal diseases such as asbestosis, lung cancer, mesothelioma, and other cancers.

Improper Disposal of Hazardous Jobsite Waste

Improper disposal of chemicals, adhesives, solvents, and cleaners can lead to environmental tort liability and cleanup costs. Waste removed from a jobsite may contain hazardous materials, including lead-based paint and polychlorinated biphenyls (PCBs), which require special disposal procedures. Hazardous waste that is not properly segregated may get mixed with non-hazardous waste and be improperly disposed of.

Moisture Intrusion & Mold Growth from Improper Installation

Improper installation can result in moisture penetration and lead to potential mold growth and subsequent health risks to building occupants. Ineffective exterior and internal seals, flashings, drainage systems, or improper framing leading to air leakage and subsequent condensation build-up can allow moisture conditions to develop. Mold may grow where water intrusion has occurred. When mold-impacted areas are disturbed, small spores and fragments are readily released. Without proper containment and cleanup, these mold particles will disperse further and expose building occupants to health hazards.

Spills, Leaks & Fires from Chemicals

Accidental spills and leaks of adhesives, sealants, solvents, and cleaners at the storage location, during transportation, and at the jobsite may cause additional third-party exposures and cleanup. Some products are flammable and may result in a fire that spreads and releases other contained materials and produces hazardous vapors.

Lead & Heavy Metal Exposure from Glass Materials

Stained and artistic glass may contain lead and heavy metals that can cause lung cancer. Working with stained glass and lead lighting can release lead fumes and dust, causing a health hazard. Over time, old stained-glass windows with lead can oxidize, causing a white powdery coating that rubs off very easily. This powder can be inhaled. It also sticks to hands, clothes, and tools. Lead-based paint can also be found on an older structure’s interior or exterior. This paint may be dislodged during the glass/window removal or installation process resulting in lead particulates being released into the surrounding environment. When opened and closed, old windows with lead paint may create fugitive lead dust. Lead exposure can happen by inhalation or ingestion and can be toxic when absorbed into the body in high enough doses.

Toxic Off-Gassing from Adhesives & Sealants

Typical adhesives, sealants, and caulking used for installations contain solvents and certain carcinogens. They may include isocyanates, flame retardants (such as Tris (1-chloro-2-propyl) phosphate (TCPP)), polyurethane sealants, solvents (Stoddard solvent, mineral oil, toluene, xylene), phthalate plasticizers, silica and talc which may contain asbestos. Many of these volatilize off and can be inhaled, causing building occupants to be exposed to agents that can cause short-term effects, including nausea, irritation to the eyes, nose, and throat, loss of coordination, fatigue, dizziness, headaches, and allergic skin reactions. In contrast, long-term effects include cancer, asthma, and developmental and reproductive harm.

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

Sudden and accidental coverage for owned/leased locations

First and third-party transportation pollution liability

Loading and unloading

Non-owned disposal sites

Lead and asbestos

Claims Scenarios & Examples

A glass installation contractor was hired to install window systems for a research laboratory that was being built at a university. The general contractor agreed to changes to the specified caulk around the windows. Although the contractor documented structural proof tests to ensure that the window, frames, and caulk were air and water-tight, the caulking was incompatible with the building facade materials, so it degraded quickly. Because of this, adhesion was lost, and water intruded into the building. Mold grew around the windows as a result.

A homeowner became ill due to mold exposure and sued the window contractor. A claims investigator inspected the home and observed signs of leakage around the replacement windows that the contractor installed. New caulk had recently been added to the wooden frames and trim to repair cracking, and there was evidence that the windows did not properly seal when they were closed. The investigator determined that water intrusion had occurred due to sub-par installation work by the contractor.

An apartment building that was constructed in the 1970s underwent renovations. When a child who lived in the apartment was diagnosed with lead poisoning, it was discovered that the renovation contractor performing the window replacement had caused unsafe conditions by inadvertently disturbing existing lead-based paint. The parents sued the contractor for bodily injury, and the contractor was found liable.

A general contractor (GC) hired a window installer and gave them a specification package. The window contractor reviewed the drawing and mock-up and saw some areas with the rain screen design and structural connections that brought some concern. They verbally communicated with the GC that there was a risk of water intrusion if changes to the design were not made; however, the GC did not make the recommended changes to the design specifications. Six months after the project was completed, a mold claim was filed. The GC and several subcontractors, including the window contractor, were brought into the claim. The window contractor did not have any written proof that they had notified the GC of the concerns and were responsible for the bulk of the $800,000 settlement.

More than 10,000 homes had new soundproof windows installed. Shortly after the work was done, more than a dozen homeowners complained about a weird smell, respiratory problems, and nausea. The window frames were found to be made of polyvinyl chloride that was suspected of off-gassing toxic chemicals. Odors were also anticipated to be related to the caulk, glues, or sealants used during installation. Homeowners requested testing on the air quality in their homes to determine what kinds of chemicals they had been exposed to and what potential future health issues they could face. They sued the window installation contractor.

Contractors

Glazier/Window

Environmental Exposures May Include: