Plumbing Contractors

Plumbing contractors can face a range of environmental exposures from installation and repair work. Work on water and sewer systems can lead to the growth and spread of mold, fungus, and bacteria such as legionella. Additionally, plumbing issues can release sewage and sewer gases from waste piping. Materials such as adhesives, caulking, and solder flux can create toxic fumes that could harm third parties. Piping materials can contain lead or organic contaminants, which can leach into the fluids running through them and create hazards to third parties. Additional liability can result from the transport and disposal of chemicals and wastes.

Environmental Exposures May Include

• When a plumbing contractor’s work disturbs an existing system and causes a leak, or when newly installed work develops a leak, mold can begin to grow in water-damaged materials. Leaks can originate in conveyance piping systems from blockages in piping or penetrations permitting water intrusion. Mold and fungi can damage property and cause serious illness and injury to third parties.
• Legionella is a bacterium that causes a form of potentially fatal pneumonia. Legionella can thrive in water-containing systems such as air conditioning, industrial water heating and water-cooling systems, safety shower and eyewash stations, pools, spas, water features, potable water plumbing, and industrial process lines. These pollutants can potentially lead to claims of severe bodily injury or high remediation costs, and plumbing contractors can be held liable if their work contributed to legionella growth.
• Typical adhesives, sealants, and caulking used for installations contain pollutants such as ammonia-based compounds, alkylated benzenes, petroleum distillates, carbon black, titanium dioxide, glycols, benzoate derivatives, silica, siloxanes, naphthas, and isocyanates. These substances can volatilize during use and be inhaled by building occupants, which can cause third-party bodily injury.
• During soldering, brazing, and welding, metal fumes are produced and released into the air, and third parties could be exposed to these fumes. Additionally, compressed welding gases, solvents, and other chemicals used by plumbers may be flammable and explosive. Leaks in cylinders, valves, or malfunctioning regulators may result in a fire or explosion at a jobsite. Fires and explosions can generate smoke and toxic fumes that impact third parties, and firefighting water or foam could create contaminated run-off.
• Generated wastes, such as spent chemicals, solvents, cleaners, and jobsite waste, which may contain asbestos and lead, may be considered hazardous and require special disposal procedures. Contractors are responsible for determining if their wastes are considered hazardous, and improper disposal can lead to environmental tort liability and cleanup costs.

Claims Scenarios & Examples

• After completing routine finish work, a plumbing contractor dumped toluene-containing sealants and solvents in an enclosed dumpster. Because of the confined area, the dumpster trapped the toluene fumes, lowering the oxygen level. Two children climbed into the dumpster for unknown reasons and were killed by the fumes. Because of the improper disposal of the toluene, the contractor was found liable and faced a large claim.
• An elderly couple hired a plumbing contractor to replace the water heater at their home. The plumber completed the job but did not correctly reconnect the natural gas line to the water heater. The couple died from asphyxiation when natural gas leaked into their bedroom. Their heirs and estate filed a lawsuit against the plumber for $3 million, claiming negligence.
• While a plumbing contractor was replacing a gas regulator in a home, mercury was spilled on the basement floor. The contractor did not properly clean up the mercury, and mercury vapor filled the house, contaminating the homeowner’s furnishings and clothing. The contractor had to cover the cleanup and replacement costs of the contaminated items.
• A General Contractor hired a subcontractor to perform plumbing work at a commercial building. During the work, the plumber did not properly install a hose connection, which resulted in water leaking behind a wall. An investigation later found mold had grown behind the wall, resulting in significant remediation costs and third-party property damage.

Final Consideration

As a contractor you can be faced with the cost to defend yourself against allegations or legal action from pollution related events, regardless if you are at fault or not. Having the proper insurance coverage in place will help fund the expenses incurred to investigate or defend against a claim or suit and provide you with environmental claims handling expertise.