Professional Documents
Culture Documents
of Construction Projects
S. Dione1; J. Y. Ruwanpura, A.M.ASCE2; and J. P. A. Hettiaratchi3
Abstract: Policy makers make key decisions regarding economic development, but engineers are central to the implementation of these
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policies. With the realization that economic development and environment are interlinked, engineers are well advised to ensure avoidance
of adverse impacts on society and environment by adopting better practices during the design and implementation of construction projects.
The objective of this paper is to present a project’s proponents and construction contractors with a framework to identify the environ-
mental risks early in a project’s life so that a proper plan could be developed to mitigate the impact of them. The paper also discusses
options currently available in Canada for environmental-type insurance and contractual liability indemnity clauses. A survey conducted
among construction companies to assess current risk-management practices in the construction industry show that although many com-
panies are concerned about the possible implications of environmental risks to their project, there still needs to be more emphasis on
identification and mitigation of these risks and the need to have a comprehensive framework to properly identify and develop an action
plan for environmental related risk issues. The current research trends to achieve these objectives are also outlined in the paper.
DOI: 10.1061/共ASCE兲1084-0680共2005兲10:4共260兲
CE Database subject headings: Construction; Environmental issues; Insurance; Liability; Canada.
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mixing
Demolition Static crushing
Noise Demolition Public Static crushing
Various Wildlife Hydraulic or electric
equipment/ alternatives, restricted hours,
machinery noise barriers, prefabricated
Fig. 1. Environmental risk management flowchart
materials import
Odors Solvents, Public Solvent-free materials,
paints Wildlife powder coating, the best available technology to eliminate levels that would
prefinished materials occur in a business-as-usual case. For example, if the contractor
Welders Bolt or pressure connections declares that he or she will replace diesel-engine powered
Equipment Properly tuned engines, equipment with electric motor driven equipment 共wherever
exhaust electric motors, newer possible兲, stakeholders may be willing to accept a noise level that
equipment, emission controls will be considerably less than if the contractor had used the diesel
Asphalts/tars Reduced transport distance, engines.
in-place mixing These are, of course, only a couple of relatively simple ex-
Light Area work Public Restricted work hours, amples of direct environmental risks. Direct risks will be specific
lights spot lights rather than to each project, its stakeholders, and its location.
flood lamps
Equipment Wildlife
lights Indirect Environmental Risks
Waste Solid Public Reuse, “made to fit” rather
than off the shelf generic Indirect environmental risks are those that may be influenced by
Wildlife the project but are not necessarily a direct result of the project.
Liquid Environment Recovery/recycle, powder For example, the construction of a roadway or the excavation of
coating, water diversion soil for footings or a foundation may result in the release or
from work-site exposure of previously contaminated materials. These materials
Gas Vapor recovery were not caused by the project, but their influence to impact a
receptor 共public, wildlife or environment兲 may be a consequence
of the project. Proponents need to understand the potential indi-
form of risk management. This management can take one of two rect environmental risks that they may be liable for during the
forms: implementation phase of their project. To do so, indirect risks
1. Eliminating the risk completely, so that there is no potential should also be identified during the planning phase. In most cases,
of negatively affecting stakeholders or the costs of indirect environmental risks will be minimal in com-
2. Eliminating the risk partially, to a level that is acceptable to parison to the budgets of most medium- to large-scale projects.
stakeholders. Well-planned projects that have accounted for potential risks
As an example of completely eliminating a potential risk, if the can greatly reduce the chance of budget and schedule overruns.
project team had identified excessive construction lighting as an Conversely, projects that do not account for potential environ-
issue that could potentially affect stakeholders, they may opt to mental issues are more prone to delays and extraordinary costs. It
work only during suitable daylight hours. This choice may mean is therefore recommended that project proponents take a more
sacrificing a shorter schedule, based on the time of year and lo- proactive approach and perform assessments of the potential in-
cation of the project. However, the improved stakeholder rela- direct environmental risks that may impact their project, so that
tions, and subsequent acceptance and ease of regulatory permits, upfront planning may reduce potential catastrophes.
may offset any construction delays. The reader should reference the right-hand side 共indirect risks兲
If we use noise as an example of an issue that could impact of Fig. 1 while reviewing the following section.
stakeholders, it can be seen that option number two would be the To determine if a potential indirect environmental risk is asso-
only reasonable risk management solution. It would be all but ciated with the project, a thorough assessment of the project lands
impossible to eliminate elevated noise levels caused by drilling, and surrounding area should be undertaken. In Alberta, Canada,
excavating, blasting, or demolition equipment. However, stake- this process is known as a Phase 1 Environmental Site Assessment
holder input may reveal that they are willing to accept elevated 共Phase 1 ESA兲, and it should follow the guidelines set out by the
noise levels if it has been demonstrated that the project is using Standard Council of Canada document Z768-01 共Alberta Envi-
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records 共regulatory, landowner, and so on兲 pertaining to the site land treatment, incineration, etc.兲;
and interpretation of aerial photographs and maps. This review is • Area available for treating materials on site 共only applies to
usually followed by a site visit, which verifies the information contaminants that can be biologically, thermally or chemi-
gathered during the desktop review. Typical components of the cally treated兲;
site visit include a review of the surrounding land use, topography • Timeframe available for treatment of contaminated materi-
and vegetation; location of surface water bodies, water wells, and als; and
so on; potential sources of leaks, spills, or releases; visual evi- • Availability and cost of suitable materials to backfill the
dence of on-site and off-site contamination in addition to equip- excavation in the case of off-site disposal.
ment; and infrastructure or underground utilities that may be af- This option will have to be evaluated together with the data col-
fected during a subsurface investigation. The site visit includes, or lected from the project site. There is no template that works for all
is followed by, interviews with present and past landowners of the contaminated sites. Costs for removing contamination can range
site and the adjacent properties of the project area. from a few thousand dollars to hundreds of millions of dollars,
The outcome of Phase 1 will allow the proponent to determine depending on the extent and type of contamination present.
whether there is a potential indirect environmental risk associated
with his project. In the simplest of cases, where there is no po- Reduce the risk to an acceptable level: The proponent or con-
tential 共or it is very unlikely兲 for an indirect environmental risk, tractor could take a risk-based approach in dealing with a con-
the proponent can move to the next phase of the project. How- taminated site. The risk can be reduced to a level that is accept-
ever, where there is the potential for environmental risk, the pro- able to both the proponent and the regulator. This can be achieved
ponent should do further investigation before making any critical by managing one or more of the three components of risk:
decisions. Results of the Phase 1 ESA would naturally lead to the 1. The source of contamination;
implementation of a Phase 2 Environmental Site Assessment 2. The receptor of the contamination; and
共Phase 2 ESA兲. 3. The pathway that introduces the contamination to the recep-
The purpose of the Phase 2 ESA is to determine the presence tor. Looking at this option in more detail, the following op-
and extent of any contamination suspected as a result of the Phase tions may be available to the proponent or contractor:
1 ESA. This investigation is typically intrusive, requiring soil • Manage the contamination source;
and/or groundwater samples to be obtained and analyzed for sus- • Remove all the material;
pected contaminants at an accredited environmental laboratory. If • Remove the most heavily impacted material only;
the suspected contamination is verified to be present during the • Treat the impacted material in situ 共if feasible兲;
Phase 2 ESA, the proponent will be required to manage the po- • Leave all impacted material in place;
tential environmental risk. Investigators can usually determine an • Manage the receptor of the contamination;
estimated volume of impacted materials, the endpoints of con- • Remove the receptor 共e.g., replace a domestic water well
tamination on the site, and the likelihood of further impacts from with another alternative兲;
migration of contaminants. From this information, estimates for • Treat the receptor 共e.g., chemically treat a water body兲;
various remediation or risk alternatives can be developed. • Restrict access to a receptor site;
The proponent must evaluate the data obtained from the Phase • Do nothing with the receptor;
2 ESA and determine the potential environmental risks. If there is • Manage the pathway;
no contamination, there is no risk, and the project can move to the • Install a physical or chemical barrier around the contami-
next phase. There is also the possibility of discovering contami- nation to keep it in place 共e.g., bentonite slurry wall, bell-
nation that does not pose a potential risk, and again the project holes, or pumping culverts兲; and
can move to the next phase. If there is contamination present at • Remove the pathway 共e.g., ditches, culverts, water bodies,
levels that could potentially cause harm to a receptor, however, geologically permeable materials, and so on兲.
the proponent must manage the risks accordingly. Another way of reducing the risk associated with contamina-
Managing environmental risk is a process in which the project tion is to determine the contaminant level that is acceptable from
proponent must work together with the regulator and, where ap- a receptor standpoint. That is, reduce levels at the source so that
propriate, the stakeholders. Two options available for dealing with once the contaminant reaches the receptor, it has been reduced to
the risk from contaminated sites are the following. acceptable levels. For example, a site contaminated with high
levels of salt 共e.g., road salt storage yard兲 may have heavy chlo-
Eliminate the risk: Probably the best method for reducing future ride ion impacts within the site boundaries. However, because of
risk is to completely eliminate any contamination that is currently water flushing of the ion in the soil matrix as the ion travels
in place. However, this option may also be the most expensive. toward the receptor, those levels may be drastically reduced over
PRACTICE PERIODICAL ON STRUCTURAL DESIGN AND CONSTRUCTION © ASCE / NOVEMBER 2005 / 263
Environmental Insurance
properly tie the sewage line in, resulting in the contamination
of groundwater and nearby domestic water wells. The contrac-
Whether or not the project scope entails detailed environmental tor was forced to pay over $425,000 in legal, property damage,
assessment work to uncover indirect or direct environmental and bodily injury claims.
risks, it is in the contractor’s and proponent’s best interests to • During fill operations for a subdivision project, a contractor
obtain some form of environmental insurance. Environmental li- unknowingly spread hydrocarbon-contaminated soils across
ability insurance comes in many forms and can protect all parties the project site. As the contractor was found guilty of exacer-
involved from incurring extraordinary costs that may arise from bating the clean-up effort, he was forced to pay $250,000 in
unknown, or unaccounted for, environmental risks. The following remedial and legal costs.
outlines some of the more common types of environmental insur- Though some contractors or proponents may view environmental
ance, and the benefits they may provide: insurance as a good way to finance a loss, it is always best to
• Pollution liability insurance covers the insured against third manage the exposure before loss. A highly publicized environ-
party claims such as clean-up expenses that may occur as a mental disaster can have a catastrophic impact on an organiza-
result of the insured’s work. This insurance can cover onsite tion’s reputation. While the insurance may eventually pay for the
and offsite cleanup costs and claims for cleanup, bodily injury, loss, provided proper limits of insurance were purchased, nothing
and property damage, including legal defense costs, related to will pay for the loss of an organization’s reputation 共Slivka 2002兲.
preexisting known and unknown pollution conditions and fu-
ture pollution conditions.
• Environmental errors and omissions liability insurance is typi- Risk Transfer
cally used by consulting or engineering firms to protect them-
selves from liability arising from work or recommendations Contractors and proponents can also reduce their exposure to en-
made by the insured. vironmental risk through risk transfer. This is usually in the form
• Environmental remediation insurance covers the insured of indemnification clauses within contractual agreements 共Slivka
against liability claims arising from pollution generated on 1998兲. The contractor must negotiate indemnification language
and/or migrating off property. This type of insurance usually into the contract that prevents the contractor from being held
covers investigation and remediation costs. liable for preexisting contamination. However, it is essential to
• Stop loss (cost overrun) coverage is normally used when there have a copy of an environmental assessment identifying existing
is known contamination before the insurance policy comes contamination to create this clause. To further protect a contractor
into effect. This type of insurance involves a substantial de- from identifying or discovering previously unidentified contami-
ductible that typically covers the costs of remediation plus any nation, a change in Conditions Clause could be used 共Slivka
cost overruns. At this point 共the Stop Loss amount兲, the insur- 2003兲. This contractual clause will enable the contractor to make
ance covers the remainder of costs. appropriate contract modifications in the event that contamination
• Spill liability provides coverage for bodily injury, property is discovered at a later date.
damage, and cleanup costs resulting from an incident during As contractors face potential liability as a result of subcontrac-
transportation by a carrier of the named insured’s product or tor actions, they should also give attention to contractually con-
waste 共McCaffery 1997兲. trolling this liability. Many prime contractors will carry some
The coverage and the premiums for the above insurances are form of environmental insurance, but there are usually little re-
dependent on many factors, applications and the type of the quirements for their subcontractors to do the same.
project. Applicants are required to submit their case to insurance
underwriters to evaluate the project before the insurance under-
writers determine the premiums. For example, the availability of Construction Industry Survey Results
certain hazardous materials on site may increase the risk and
thereby the premiums. In Canada, the premiums also depend on To better understand the environmental risk-management mea-
the province. A rule of thumb premium amount for Environmental sures actually employed by industry in western Canada, a brief
errors and omissions liability insurance is about $3.00 per $1,000 survey was conducted. A questionnaire was developed and dis-
coverage in Canadian dollars. Pollution liability insurance pre- tributed to 15 construction companies operating in Western
miums may vary—from $3,000–$10,000 for a coverage of Canada. Follow-up telephone calls were made, and ten companies
one million Canadian dollars depending on the nature of the provided responses. This section outlines the questions that were
coverage and the contents of the materials involved. All the other asked in the survey and summarizes the answers given by the
insurance types identified above are specific to a project and the various companies.
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three companies with in-house risk management are smaller, local system in place, while the other 60% stated that they do not.
companies. Others indicated that they do not have an in-house Where a tracking system has not been developed, company rep-
risk management group, and that this work is usually carried out resentatives indicated that individuals responsible for a particular
as part of the project team, or the services of a third party con- issue would track its mitigation progress using their own meth-
sultant is used when necessary. ods. These methods varied from a spreadsheet, Gantt chart, or
Do you consider the potential environmental risks or issues notepad depending on the individual and magnitude of the issue
that could occur during a project? As expected, 100% of the or project.
respondents indicated that environmental risks are considered as Are risks assigned to specific people in your organization?
part of the project. Depending on the type of issue encountered, 70% of respondents
Do you use a guiding document when determining severity of indicated that identified issues are assigned to one or more indi-
risk? Respondents were split 50/ 50 on this response, as half of viduals for management. The other 30% indicated that the project
them indicated that they do use a guiding document to rate the team, as a whole, would manage any issue that might arise. Two
severity of an identified risk, whereas the other half indicated that of the respondents indicated that issues could be managed better
they do not. Guiding documents varied from internally prepared as a team, rather than an individual.
documents to consultant-supplied guidelines. Do you carry environmental insurance as a risk-management
Is there a particular magnitude of project where these risks tool? Fifty percent 共50%兲 of respondents were unsure whether
would normally be considered (i.e. would you consider environ- their company carried a form of environmental or pollution-
mental risks only for projects such as those with large capital liability insurance. In most cases, this uncertainty was because
budgets)? Ninety percent 共90%兲 of companies indicated that they
insurance was handled by a separate legal, joint-venture, or ac-
do not have a predetermined project scope for initiating risk iden-
counting department and such matters were not discussed by the
tification. Respondents stated that any project could be subjected
project teams. Three of the respondents indicated that they do
to risk identification provided sufficient reason to warrant review.
There was one company that reviewed potential environmental carry environmental insurance of some form, but were unable to
issues only when the project’s capital budget exceeded $250k. provide details as to type of insurance carried. Two companies
Are project schedules prepared so that contingency is in- stated that subcontractors who were physically performing the
cluded? Sixty percent 共60%兲 of respondents stated that project work carried environmental insurance.
schedules did contain contingency for unaccounted environmental In summary, the following has been determined from the con-
risks. Others indicated that the subcontractors have the responsi- struction industry survey:
bility to adjust their schedules accordingly. • Most companies do not have a dedicated risk management
Are stakeholder risks included in this process of risk identifi- group in-house;
cation? Although 20% of companies indicated that they do not • The majority of companies surveyed consider environmental
consider potential risks to stakeholders, 80% of respondents and stakeholder risks;
stated that they do consider such risks. • Most companies consider these risks during the planning
At what point in the project schedule would you consider these phase of a project;
environmental/stakeholder risks? One company indicated that en- • Most have experienced cost and schedule overruns from un-
vironmental issues are only considered when they are encoun- foreseen environmental issues;
tered. In other words, there was no up-front planning involved to • There have been varying degrees of impact to the original
mitigate potential issues. Conversely, the other 90% of companies budget and schedule;
indicated that potential environmental and stakeholder risks were
• Risks are usually assigned to one person individual to mitigate
considered during the preproject planning phase.
potential impacts;
Have you experienced impacts (financial or schedule-related)
• Only half of the companies have a system to rate the severity
from unknown or unforeseen environmental issues that arose dur-
ing a particular project? Although 20% of companies have not of potential impacts to the project;
experienced budget or schedule overruns from unforeseen envi- • Almost half of the respondents do not have a contingency built
ronmental issues, 80% of respondents have dealt with them first- into their project budget or schedules;
hand. Most of the eight companies that have dealt with overruns • Over half of the companies do not have a formal system in
have experienced these issues on more than one project and with place for tracking identified issues and management options;
varying degrees of impact. and
What was the approximate cost or delay as percentage of the • Most of the companies do not carry, or do not know if they
overall project budget or schedule? Thirty percent 共30%兲 of re- carry, any form of environmental insurance.
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