Waterproofing

Waterproofing contractors may inadvertently disturb asbestos or lead-based paint in residences or buildings where they are working. Asbestos was used in some older insulation, including vermiculite and blown-in attic insulation, and asbestos can also be found in other areas, such as wall cavities and ceiling or floor tiles. Disturbance of existing pollutants could result in environmental liability to the contractor.

Waterproofing projects generate waste materials such as packaging, unused chemicals, and construction debris. Improper waste disposal can lead to cleanup costs and environmental tort liability. Businesses are required to determine whether the waste they generate is hazardous. Hazardous waste may also be inadvertently mixed with construction debris/waste and 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.

Waterproofing contractors may specialize in repairing concrete structures that have been damaged by water infiltration or other environmental factors. This could involve patching cracks, repairing spalling or deteriorated concrete, and reinforcing structural elements to prevent further water damage. Improper repair work could exacerbate the water infiltration issue and affect the integrity of the property or lead to mold growth.

Spills or leaks of chemicals and materials used in waterproofing can lead to soil pollution. Contamination of soil with hazardous substances can negatively impact soil quality, leach into groundwater, or be absorbed by plants. Cleanup costs, bodily injury, and property damage claims could result.

Crystalline silica is one of the minerals present in sand, aggregate, and cement used in concrete mixtures by contractors. Construction processes such as blasting, cutting, chipping, drilling, and grinding make silica respirable. Third parties can breathe in crystalline silica dust, and exposure can lead to respiratory illnesses, including lung cancer and silicosis, which in severe cases can be disabling or even fatal.

Waterproofing contractors may be involved in preconstruction services and provide input on design/constructability, scheduling, and costs that involve concrete structures. They can advise on waterproofing solutions during the design phase and execute the installation of waterproofing systems as part of the construction process. Contractors may also make modifications to design specifications while at the jobsite. Malfunctions arising from these inputs/changes create a direct professional responsibility for the contractor.

Contractors may be required to excavate the perimeter of a building’s foundation to expose the exterior walls for waterproofing. This allows contractors to apply waterproof membranes, coatings, or sealants to prevent water infiltration into the foundation walls. 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.

Waterproofing contractors frequently work on foundation structures, which often involve concrete. They may provide services such as installing waterproof membranes, coatings, or drainage systems to prevent water from seeping into basements or crawl spaces and causing damage to the foundation. Improper installation or use of inadequate materials could lead to mold growth.

Loose materials that are hauled and potentially released during transport, such as construction debris, roofing materials, and old insulation, should be covered and secured with a tarp or other cover material. Failure to properly cover the waste could generate airborne dust or release loose materials to the road, leading to cleanup and third-party property damage claims.

Mold can be encountered in non-visible areas such as insulation, attics or roofs, crawl-space conduits, behind wallboards, on sheetrock, under carpeting, and in piping or duct runs. Small spores and fragments are readily released when mold-impacted areas are disturbed during waterproofing. The mold can disperse further and expose building occupants without careful containment and cleanup. Failure to identify, dry, or remove all moisture-impacting building materials could allow for continued mold growth, which may lead to property damage and bodily injury claims.