Marine Construction

Marine construction projects typically involve earth-moving, excavation, and equipment operation near or on the water. Marine contractors must implement comprehensive stormwater management plans to control run-off during rainstorms. Improper stormwater management can lead to sediments and other pollutants being carried off, contaminating soils, degrading surface water quality, and impacting aquatic life, wildlife, natural habitats, and drinking water.

Equipment can strike an underwater pipeline or other unknown hazards, releasing hazardous materials that can contaminate the marine environment, leading to habitat destruction and harm to wildlife, resulting in cleanup costs.

Many types of equipment used by marine contractors, such as those powered by diesel or propane, can emit carbon monoxide gas and diesel particulates. Improper controls or malfunctioning equipment can result in exceedances and regulatory violations. Additionally, an accidental release from stored chemicals may produce a vapor cloud. Air emissions or a vapor cloud release can pose health hazards to third parties.

Dredging activities can resuspend sediments in the water, increasing turbidity levels and degrading water quality, negatively impacting aquatic wildlife and vegetation. These sediments may contain harmful substances, including heavy metals, polychlorinated biphenyls (PCBs), or petroleum residues. These contaminants can enter stormwater run-off, spreading to surrounding bodies of water and adjacent properties and potentially resulting in property damage claims and further environmental harm.

Older marine structures, including piers, docks, ships, and underwater pipelines, may contain asbestos-containing material (ACM). During reconstruction, renovation, or recoating, disturbing existing ACM can release harmful toxins. Depending on its condition, ACM may be regulated as hazardous waste and must follow procedures for handling, labeling, transporting, and disposing of it at an approved facility. A contractor can be considered a waste generator and retain cradle-to-grave liability.

The Ocean Dumping Act of 1972 prohibits the disposal of various materials into the ocean and mandates permits for certain other types of waste. Improper disposal of waste from construction sites, dumping outside of authorized areas, or a spill during loading, unloading, or transporting can lead to cleanup costs, environmental tort liability, and legal consequences for violating regulatory requirements.

Marine construction contractors may make modifications to design specifications while at the jobsite. Malfunctions arising from these changes create a direct professional liability for the contractor. Malfunctions from design errors of a sea wall or other erosion control systems can result in coastal flooding or habitat destruction, impacting schedule and costs and creating a direct professional responsibility for the contractor.

During excavation and dredging, unknown pre-existing contaminated soil could be collected and create environmental liability in the transportation and disposal of the contaminated soil.

The construction of marine infrastructure, such as piers or docks, can involve the modification of natural shorelines and coral reefs, disrupting ecosystems. Additionally, these infrastructures can use pre-treated wood containing toxic chemicals that can leach into the water and harm aquatic life and vegetation. Failing to adhere to environmental protection regulations to prevent habitat damage can result in regulatory fines and stricter enforcement measures.