Contractors

Residential Contractor/Custom Home Builder

CPL/PL

Residential contractors can face environmental exposures from various operations they perform as well as from the activities of their subcontractors. Environmental exposures can include spills or leaks of hazardous materials, fumes from construction activities, off-gassing from materials used or installed, the disturbance and stockpiling of soils, and the accidental disturbance of existing pollutants, including asbestos and lead-based paint.   Improper installation of building materials or exposure to weather elements can lead to mold and bacteria growth. Additional exposures can stem from the disposal and transportation of materials and wastes. Residential contractors can also face professional liability exposures through their involvement in design aspects, field changes to the design, and the selection and supervision of subcontractors.

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Environmental and Professional Exposures May Include

Utility Locating
Pre-Existing Contamination
Silt and Sediment
Sewer Gas
Chemical Spills & Vapors
Air Emissions
Equipment Petroleum Releases
Wastewater Management
Loading and Unloading
Water Intrusion and Mold
Indoor Air Quality
Asbestos
Design Errors amd Site Modifications
Subcontractors

Utility Locating

Failure to properly locate underground utilities such as gas lines, water, and sewage pipes, or unknown hazards such as septic tanks, could result in striking a line or causing an accidental puncture and release of pollutants like fuel oil, chemicals, toxic gases, or sewage.

Pre-Existing Contamination

Disturbance, relocation, or stockpiling of soils could result in unknown pre-existing contaminated soil being collected and spread to a site’s clean areas or improperly disposed of. Fugitive air emissions, such as dust and particulates, could also be released.

Silt and Sediment

Improper erosion controls or soil stockpiling could allow silt and sediment run-off. Exposure to stormwater or a water pipe break could lead to surface run-off of these soil particles, impair the proper functioning of stormwater drainage systems and cause ecological damage to streams and rivers.

Sewer Gas

Leaks in sewer lines can result in the migration of sewer gases into living/work areas and utility conduits or the release of sewage contaminants, including pathogens, chemicals, and nutrient pollutants, into nearby subsurface utilities and water systems.

Chemical Spills & Vapors

Hazardous materials may be used during construction and stored at a jobsite. Spills and leaks of materials such as adhesives, sealants, solvents, paints, coatings, and curing compounds could result in extensive cleanup liability. Air emissions from fumes, overspray, or mixing incompatible chemicals can release toxic vapors that pose an inhalation hazard to third parties.

Air Emissions

Fumes and hazardous air emissions can be released from construction activities such as welding (manganese), concrete cutting (silica dust), or combustion engines (carbon monoxide).

Equipment Petroleum Releases

Equipment brought to and stored on a jobsite may be powered by diesel fuel and require petroleum-based hydraulic fluids and lubricants. Release of fluids can occur from leaks or spills during refueling, maintenance, or transport to and from a jobsite.

Wastewater Management

Wastewater from equipment washout may contain toxic, caustic, and corrosive materials. Improper washouts or leaks can impact adjacent properties or enter storm drains which discharge to surface waters and can damage natural resources and aquatic life.

Loading and Unloading

Leaks or spills can occur while transporting, loading, or unloading chemicals, paints, waste, or debris to and from a jobsite or disposal facility. Exposures may be from the insured operating their own vehicles or contingent liability through those they hire.

Water Intrusion and Mold

Improper design or installation of plumbing and HVAC systems or building materials, including windows, insulation, and drywall, could result in leaks, condensation, or water intrusion into building materials and cause mold and bacteria growth. Work on existing systems during renovation or exposure of installed raw material to moisture conditions could also result in mold growth.

Indoor Air Quality

Unhealthy indoor air quality could result from many newly installed materials or poorly designed or faulty building ventilation. Contaminants that can affect the health of building occupants include mold and bacteria; volatile organic compounds, which can emit from adhesives, paints, and preservatives; formaldehyde, which can be in engineered wood products and adhesives; and combustion products such as carbon monoxide.

Asbestos

Inadvertent disturbance during installation, repair, or renovation could release asbestos particles from asbestos-containing materials such as insulation, floor tiles, and ceiling tiles; lead particles from lead-based paint; or mold or mold spores from areas where water intrusion has occurred.

Design Errors amd Site Modifications

Contractors may provide design services that can result in professional liability. Design services may include performing all in-house design work, hiring design firms through a joint venture, or providing professional opinions on design aspects. Errors and omissions can delay time, overrun budgets, and result in rework. Contractors may make modifications to design specs while at the jobsite. Malfunctions arising from these changes create a direct professional responsibility for the contractor.

Subcontractors

Proper selection and supervision of subcontractors can be professional exposure for the contractor. Contractors may be required to defend themselves against claims relating to work for which they were responsible due to the hiring of the sub.

A Combined Pollution & Professional Liability Policy 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

First-party emergency response cost

Mold, legionella, bacteria, fungi, lead, asbestos, and more

Sudden and accidental coverage for owned/leased locations

Non-owned disposal site liability

First and third-party transportation pollution liability

Loading and unloading

Silt and sedimentation

Mitigation/rectification

Excess/contingent design

Defense of third-party claims

Claims Scenarios & Examples

A general contractor hired a design/build delivery system architect to design and construct a structural retaining wall at a residential subdivision. A drainage system behind the wall was not included in the design, so the wall settled and cracked from hydrostatic pressure. Because of necessary underpinnings for structural correction of the foundation, the owner sued for damages over $500,000. The general contractor ended up being responsible for $200,000 in damages.
Before moving into their newly custom-built 7,000-square-foot home, the roof experienced some leaks and ultimately caved in. Stachybotrys, a mold known to be harmful, was also found throughout the home. The owners sued the builder and settled for $900,000.
A general contractor worked on a large window replacement project for custom-built condominiums. During the project, the interior window seals were damaged, and it was later found that the former window sills contained asbestos and the caulking contained PCBs. Further testing found that asbestos was airborne and PCB contamination was present. The condominium association and unit owners sued the general contractor for cleanup costs, project delays, and loss of use.
An excavation/grading contractor was working on a housing project and unknowingly spread petroleum-contaminated soil across a project site during fill operations. The contractor was named in a lawsuit for contributing to the extent of the contamination. After deliberations, the contractor was eventually removed from the lawsuit; however, he had invested $250,000 in his defense.
After purchasing a new beachfront home for $2.5 million, the couple began to experience health issues. The husband had some minor respiratory issues and headaches from exposure to Stachybotrys mold, and the wife, who had an underlying condition, experienced flu-like symptoms, including diarrhea, dermatitis, and general malaise. Home repair costs were $662,000. The couple sued, and they were able to recover $1,353,000.
During the development of a residential community, a contractor’s method of controlling soil erosion failed, resulting in excessive run-off of soil into a local creek. Additionally, the erosion control method used resulted in elevated levels of phosphates in run-off that caused excessive algae growth. A lawsuit was filed against the development owner and contractor, claiming they violated the Clean Water Act and state water statutes. The development owner then sued the general contractor for breach of contract.
Within a few years of moving into her “dream home,” a woman experienced “sick-home syndrome” and was forced to leave her home and everything behind. She sued the builders and all those involved in building the home. She won three of the verdicts for a total that exceeded $340,000.
While working on a sewer installation project, a residential subcontractor improperly tied in piping, which resulted in sewage leaking into the ground. Raw sewage migrated into the underlying groundwater and contaminated residential wells. Bodily injury and property damage claims exceeding $400,000 were filed against the contractor, subject to indemnity and defense costs.
A residential contractor was working on a high-end residential project and hired a civil engineering firm to delineate the wetlands near where the project was built. The project was in an early phase when it was discovered that the engineer had a miscalculation that placed seven homes in an incorrect wetlands area. Because additional property far enough from the wetlands was not available to purchase, the seven custom homes had to be demolished and resituated. The contractor faced demolition, reconstruction costs, interest, and delays totaling around $600,000.

Final Consideration

As a contractor you can be faced with the cost to defend yourself against allegations or legal action from pollution or professional related events, regardless if you are at fault or not. Having the proper insurance coverage in place will help fund the expenses incurred to investigate or defend against a claim or suit and provide you with claims handling expertise.

This environmental risk overview offers a general understanding of potential risks and may not reflect all risks associated with your business. Environmental Risk Professionals has compiled this overview for informational purposes only. This overview does not constitute legal opinion or advice, nor does it establish a consultant-client relationship. This overview is not intended to guide project parties in interpreting specific contracts or resolving disputes; such decisions may require consultation with counsel and depend on various factors. © 2025 Environmental Risk Professionals, LLC

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