Contractors Pollution / Professional

Terms

  • Coverage: Professional (Claims-Made), and Pollution (Occurrence or Claims-Made)
  • Minimum Premium: $5,000 
  • Capacity: $50M (multiple carriers can be layered to provide higher limits) 
  • Appetite: virtually all construction related contracting work, including; Trade Contractors, Design/Build Contractors, Project/Construction Managers, General Contractors, Environmental Contractors, and more… 

Professional Liability Coverages

  • Contractors Professional Liability: broad language covering negligent acts, errors or omissions 
  • Rectification / Mitigation: quickly correct professional errors to mitigate the overall size of a loss 
  • Protective / Indemnity Loss: negligent acts, errors, or omissions from subcontracted professionals 
  • Legal Defense 

Pollution Liability Coverages

  • Contractors Pollution Liability
  • Transportation Pollution Liability 
  • Emergency Remediation Expense 
  • Non-Owned Disposal Site Liability 
  • Premise Pollution Liability (aka your operating location)
  • Mold, Asbestos, Natural Resource Damages, Silica, Lead, etc. 
  • Legal Defense 
  • Image Restoration 
  • Emergency Claim Support 

Claim Scenarios

Contractor’s Professional Liability 

  • A GC miss-read project site plans, and mistakenly extended the paving of a parking across the property line. A year later, the error was identified when the neighboring property was surveyed. Claim costs included the demo and restoration of the neighboring property, and re-design of the parking lot’s drainage system, totaling $750,000.  

Contractor’s Professional Rectification / Mitigation Coverage 

  • Prior to completion of a new commercial building, the project GC discovered an error in the HVAC system, which allowed moisture build-ups at various points in the system. By identifying the mistake prior to completion, the cost to correct the error was significantly less than if it had gone undetected.

Contractor’s Professional Indemnity / Protective 

  • A subcontractor used an incorrect pipe size for a new commercial fire-sprinkler system. The error was discovered post construction when the system failed to operate correctly. The Sub’s professional policy had inadequate limits to cover the $3M claim. Lucky for the GC, their Protective Indemnity endorsement responded to the balance.  

Contractors Pollution Liability (Jobsite) 

  • A major thunderstorm destroyed the storm water runoff controls at a construction site, forcing sediment to flow down grade and into a nearby lake.  The GC was liable for the damages, which exceeded $2,000,000.  
  • A contractor ruptured an underground gas line, causing a high-pressure release. Due to safety concerns, local authorities evacuated a 2-block radius around the release, forcing nearby businesses to shut down temporarily. Costs for clean-up, 3rd party business interruption, and natural resource damages totaled over $1,000,000. 

Transportation Pollution Liability (TPL) 

  • A truck crashed while transporting raw materials, releasing the contents into a nearby wetland. Costs for investigation, remediation, additional monitoring, and natural resource damages exceeded $250,000.  

Premises Pollution Liability (Contractor Operating Facilities)

  • A contractor installed a 10,000-gallon diesel tank at their headquarters for fueling trucks / equipment. While loading equipment onto trucks, the crane operator hit the fuel tank, allowing thousands of gallons to spill into the surrounding soils, and onto a neighboring property. Total cost of the claim was roughly $350,000. 

Legal Defense 

  • A former industrial building was redeveloped into new, mixed-use commercial space. 5-years after completion, a child who lived the building was diagnosed with lead poisoning. The child’s parents, along with several other residents, filed bodily injury lawsuits against the General Contractor who oversaw the project. In response, the GC’s Pollution-Professional policy organized and funded a robust defense team, including legal, environmental, and medical experts. The defense team proved no evidence of lead in the building and highlighted several items in the child’s past as the likely the cause of the poisoning. The suit was dropped. The GC was billed for a mere $10,000 deductible, while total defense costs exceeding $400,000. If not for the broadened pollution / professional policy, the suit could have been lost, and uncovered claims totaling in the millions.