Q: Who is responsible for hazardous materials on site?
A: Waste materials, hazardous substances, and contaminants can pose a clear danger when they’re discovered on a project site. Taking responsibility for these types of site conditions is beyond the capability of many design professionals and may extend beyond the scope of professional liability insurance coverage. Addressing these concerns in your contract and allocating risks to the appropriate party (or parties) is prudent.
The Risk Specialty Group and RLI Design Professionals are pleased to feature our Contract Tip of the Week series. Each week, we’ll review a question submitted by a design firm relating to the subject of contracts. Keep in mind, though, that these discussions are general in nature and in making specific business decisions, it’s important to review your options with a knowledgeable attorney.