Contract Provision Addresses Pollution Insurance Coverage

This contract provision is intended to be added to a roofing contractor's downstream subcontract document. In a previous contract provision, NRLRC discussed the importance of binding subcontractors to any insurance requirements imposed upon the roofing contractor. There are some instances the roofing contractor should impose even more demanding insurance requirements on its subcontractors, such as when reroofing an occupied building, school or condominium. In these situations, the roofing contractor should require its subcontractors to maintain insurance that will provide coverage in the event of a personal injury claim arising from exposure to fumes, or in the event hazardous substances are spilled or released at the property: 

Pollution insurance coverage: Subcontractor shall carry pollution coverage providing coverage for claims arising from fumes, vapors, emissions, spills and other such claims arising out of Subcontractor's Work. Roofing Contractor shall be named as an additional insured, and Subcontractor's insurance shall be primary and noncontributory.

From NRLRC
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606

Comments

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