Property Developers

Property developers may be held responsible for any contamination or cleanup of pollutants from previous activities. A release of hazardous materials could have resulted from improper storage, containment breaches, and leaks or spills of materials. Previous occupants may also leave behind hazardous materials.

Heavy equipment and portable refueling tanks may be brought to the property. Release of fuels, lubricants, oils, and chemicals resulting from accidental spills or leaks, or vandalism can discharge pollutants into the soil and groundwater and require cleanup.

During excavating and grading work, there could be a large proportion of bare ground and exposed earth that leaves soil highly vulnerable to erosion by wind and water. Improper erosion control can lead to surface run-off of silt and sediment, impairing the proper functioning of stormwater drainage systems, causing ecological damage to streams and rivers, and causing adjacent property damage.

Radon gas could be discovered during site development and may require mitigation to remove it. Radon gas is the second leading cause of lung cancer in humans. Radon gas could be discovered in newly constructed homes or buildings on the developed property. Construction techniques must help mitigate the radon in new structures, including homes, apartments, or office buildings.

Existing buildings could be contaminated with asbestos-containing material (ACM) or lead. ACM may be present in older buildings in duct insulation, piping, furnaces, boilers, tanks, and fireproofing insulation. ACM may also be present in ceilings, walls, flooring tile, and mastic. Lead could be present in paint or water pipes and solder used during the construction of the buildings Tort claims may result from accidental disturbance during demolition, renovation, construction, or interior remodeling.

Wastes collected from the site or generated during development operations could be hazardous. Improperly segregated and disposed of wastes can result in regulatory fines or lead to cleanup and environmental tort liability.

Mold may be present in buildings from moisture intrusion due to storms and flooding or from leaking water pipes, sprinklers, and HVAC systems. Mold could also develop in HVAC systems, such as air handling units, coils, and ductwork, or from improper building ventilation or humidity management of climate-controlled storage while the building was in use.

A fire at the buildings on a site could emit toxic fumes and smoke from the materials stored in the buildings or due to a mix of materials that occurs due to the fire. Firefighting solutions such as water and foam could create contaminated run-off that spreads to nearby storm drains or properties, resulting in environmental cleanup and tort liability.

Illicit abandonment is the illegal dumping of pollutants on a property by a third party. It can become the property owner’s burden for cleanup and third-party bodily injury or property damage if law enforcement cannot locate the originator of the waste.

Although unlikely, a situation may occur where the property may have been an abandoned landfill. Contaminants from landfills can potentially migrate off-site and contaminate neighboring properties, causing third-party property damage and third-party bodily injury claims against the developer.