Service Station Construction

Improper erosion controls for work involving the disturbance, relocation, or stockpiling of soils, such as excavation, trenching, or grading, can lead to run-off of silt and sediments, which are fine-grained soil particulates. Rain, accidental pipe breaks, or excessive watering from dust suppression can carry these particulates off-site and impair the proper functioning of stormwater drainage systems, cause ecological damage to streams and rivers, or result in adjacent property damage.

Installation of wet building materials or errors in the installation of these materials, as well as work on systems such as plumbing and HVAC, can result in trapped moisture or moisture intrusion issues. These issues can result in the growth of mold and bacteria, which pose health hazards to building occupants and can create clean-up liability.

Contractors may bring chemicals, adhesives, solvents, paints, etc., to the site. Accidental releases of products can lead to third-party cleanup, bodily injury, or property damage claims. Once work has been completed and put to its intended use, contractors can still be liable for pollution exposures, at least through the statute of repose, for construction defects or from products or materials installed incorrectly.

Service station contractors may provide design services that can result in professional liability. These services may include performing in-house service station design, hiring design firms as subcontractors or through a joint venture, or providing professional opinions on design aspects. Additionally, service station contractors may perform testing or inspection services for existing service station components. Errors and omissions associated with these professional services can result in time delays, budget overruns, and rework.

Transporting waste materials from a construction site by the contractor or third-party carrier to disposal sites or recycling centers can lead to environmental liability while on the road and during loading and unloading operations. Spills or leaks resulting from accidents or improper cargo securement can lead to third-party and cleanup liability.

General contractors may hire subcontractors for whom they are responsible. The actions of subcontractors can become the liability of the project general contractor. Since pollution laws are joint and several, general contractors can be held liable for pollutants caused by a subcontractor.

Installation, demolition, and renovation work for canopies, convenience stores, or repair facilities can disturb existing asbestos, lead-based paint, mold, or PCBs, leading to third-party bodily injury claims and cleanup liability.

Service station contractors can be involved in preconstruction planning, selection of construction materials, or value engineering and provide input on design, construction methods, scheduling, and costs. Contractors may also modify design specifications or material choices while at the jobsite. Malfunctions arising from these inputs/changes create a direct professional responsibility for the contractor.

Excavation and trenching activities create dust. Dust consists of tiny particles (particulate matter) that can cause respiratory issues if inhaled. Contaminated dust can cause illness to third parties nearby. Off-site migration can lead to third-party bodily injury and property damage claims.

Improper disposal of wastes can lead to cleanup costs and environmental tort liability. Hazardous waste inadvertently mixed with construction debris/waste may be disposed of improperly. Investigations for improper disposal at a disposal facility can result in potential liability for all parties that manifested waste to the facility, including contractors.