Environmental liability, as a legal issue, is in its infancy but maturing quickly. The challenge for contractors involves staying ahead of the evidence chain.
Since you don't know what hidden environmental tort will arise next, prevention and documentation protocols challenge your risk manager.
The following list includes our best guesses:
Moisture
Moisture
Document the moisture content of the internal parts of any building structure. Mold, mildew and bacteria thrive when the moisture content on surfaces is between 16% and 19%.
Your goal is to dry areas out to below 15% moisture content.
Invest in a moisture meter and record readings before walls or ceilings are enclosed. Rain or humidity can bring the moisture content up.
If anyone opens the walls or ceilings, document the potential change in writing to that contractor.
Chemicals
Chemicals
Any chemicals, whether used on wood-destroying pests, specialty paints or to vapor seal a slab, are prone to migrate through a vapor phase within or through a building.
Document the products used and any safety data available currently.
Vapor intrusion will be a highly litigated issue over the next twenty years, and the challenge is to prove whose vapors they are. Similar products can contain the same chemical families that change and vaporize.
It is your risk management challenge to disprove your product's involvement. Look into buying and keeping records on all environmental insurance policies and maintain those records as a long-term investment in risk management. See Construction Environmental Risks, Liability and Risk Management.
Materials and Supplies
Materials and Supplies
Remember the formaldehyde sheetrock? Know your suppliers and vendors and ask for environmental insurance certificates.
Buy paints and oils that are low in volatile organic compounds like toluene or xylene. These chemicals are used as drying agents and do not add to aesthetics.
Try to avoid any additive that will vaporize over time if used correctly. For related insurance options, see Environmental Consultants Business Auto Insurance.
Concrete Additives
Concrete Additives
They are great for aesthetics and ease of placement, but vapor intrusion through concrete floors will be litigated heavily. If you use an organic chemical to improve or seal the floor, you may be drawn into lawsuits affecting that building regardless of the source of contamination.
Document the chemicals used and monitor the results right after placement, as that will be the maximum flux rate. For additional contractor liability context, see Environmental Testing Labs & Contractor Liability.
Fuel Inventories
Fuel Inventories
Document no fuel spills on any site where you use fuel. Keep an inventory and take pictures of proper fuel storage with secondary containment.
If a spill occurs, mitigate the damage immediately by remediating the spill.
Document and maintain records on any potential environmental issue. Be sure to include evidence that you exceeded then state-of-the-art selection and prevention methods. Remember asbestos too.
If you need help evaluating coverage or next steps, talk to an agent.
Frequently Asked Questions
How often should I document moisture readings during a project?
Document moisture readings before closing walls or ceilings and after any significant rain or HVAC downtime; regular checks can prevent mold claims.
What records should I keep for chemicals and additives?
Keep product names, safety data sheets, application dates, batch numbers and any testing or monitoring results for future reference.
How should I respond if there is a fuel spill on site?
Mitigate immediately, document the incident with photos and reports, and follow local remediation and reporting requirements.
Are low-VOC materials sufficient to avoid vapor issues?
Low-VOC materials reduce risk but do not eliminate vapor intrusion concerns; document usage and monitor indoor air as needed.