Lead Cables
Lead cables were commonly used for older telecommunications infrastructure. They are often buried underground or disposed of improperly, contaminating soil. Over time, lead leaches from the cables, contaminating the surrounding soil and potentially reaching groundwater. This contamination can persist for decades, posing risks to plants, animals, aquatic organisms, and humans through direct contact or plant uptake.
Underground Utilities
Equipment can strike underground utilities, including gas lines, water and sewage pipes, and unknown hazards beneath the surface, such as abandoned storage tanks and septic tanks. An accidental puncture and release of fuels, chemicals, toxic gases, or sewage can contaminate soil and groundwater and release hazardous air emissions, resulting in cleanup costs, bodily injury, and third-party property damage claims.
Subsurface Intrusion
Excavations, directional boring, and other subsurface intrusion can disturb the soil and possibly penetrate an aquifer. Subsurface work can create pathways for contaminants in the soil to migrate off-site or contaminate groundwater or surface water.
Design Error Liability
Contractors may provide design services or input on a design that can result in professional liability. Design services may include performing in-house design, hiring design firms as subcontractors or through a joint venture, or providing professional opinions on design aspects. Errors and omissions can delay time, overrun budgets, and result in rework.
Preconstruction and Jobsite Modifications
Telecommunications contractors can be involved in preconstruction planning and provide input on materials selection, scheduling, and costs. They may also modify design specifications while at the jobsite. Malfunctions arising from these inputs/changes create a direct professional responsibility for the contractor.
Pesticides
If contractors are responsible for vegetation management, leaks, spills, misuse, or over-application of herbicides and pesticides can contaminate soil and water sources. Applications made before heavy rains or on saturated soils can also contribute to contaminated stormwater run-off.
Utility Trench Perforations
Backfilling could damage underground pipes and result in perforations that can release contaminants. When refilling a utility trench, rocks in the backfill or pipe placement on jagged edges can damage the line.
Heavy Equipment
Heavy equipment and portable refueling tanks may be brought to and stay on the jobsite during excavation and grading work. Accidental spills or leaks of fuels, lubricants, oils, and chemicals or vandalism can discharge pollutants into the environment and require cleanup.
Pre-Existing Contaminated Soil
During excavation and grading, unknown pre-existing contaminated soil could be collected and spread to clean areas of a site or create environmental liability in the transportation and disposal of the contaminated soil.
Silt and Sediment
Silt and sediment are fine-grained soil particles that can migrate in run-off due to a rain event, accidental water pipe break, or excessive watering for dust suppression. During construction activities for telecommunication trenches, bare ground and exposed earth is vulnerable to erosion by wind and water. Inadequate erosion controls can lead to surface run-off of these soil particles, impairing the proper functioning of stormwater drainage systems, causing ecological damage to streams and rivers, and causing adjacent property damage. Control of silts/sediments is required under the Clean Water Act. Contractors may face regulatory action such as cleanup orders, fines, and penalties from federal, state, or local regulators.
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 sedimentaton
Mitgaton/rectification
Excess/contingent design
Defense of third-party claims
Natural resource damage