INSURANCE, LIABILITY AND SUSTAINABILITY

The past decades’ conventional office design, construction, and operational practices have decreased the quality of the indoor office environment, resulting in new health concerns and associated economic costs and liability. The introduction of a multitude of new contaminant pollution sources into the workplace, combined with tighter building construction, has intensified air-quality problems. Poor indoor air quality can result from such factors as faulty air conditioning systems, occupants related pollutants, construction materials that emit high levels of volatile organic compounds, and poor maintenance practices. The U.S ranks indoor air pollution among the top five environmental risks to public health. Unhealthy indoor air is found in up to 30 percent of new and renovated buildings.

Sick Building Syndrome (SBS) and Building Related Illness (BRI) have become more common in the workplace, increasing building owner and employer costs due to sickness, absenteeism, and increased liability claims. It has been estimated that SBS and BRI cost.

Legal Actions

Actions related to Sick Building Syndrome and other building-related problems have increased. These actions against building designers, owners, or employers may be initiated by occupants who have short or long term problems, ranging from headaches and burning eyes to more serious ailments. Initial economic impact may come in the forms of higher health insurance premiums, increased workers’ compensation claims, and decreased productivity. Expensive remediation projects and environmental cleanups may follow, and building owners may try to recover losses from the original project contractors and architects through litigation.

Case In Liability

One liability case, settled in l995, involved a suit between Polk County, Florida, and the insurance company of the builders of the county’s eight-year-old courthouse. The court awarded the county nearly $26 million to correct design and construction flaws that resulted in a high level of mold growth and caused occupant illnesses. In DuPage County, Illinois, the court found the county responsible for health-related complaints at its new courthouse due to improper operations and maintenance procedures. At another courthouse complex, in Martin County, Florida, a $10 million renovation to mitigate the growth of health-threatening fungi responsible for previous building evacuations has been unsuccessful.

By ensuring better indoor air quality, building owners, employers, and design professionals can lower their risk of future litigation by building occupants. Professional liability insurance companies have indicated a willingness to offer design professionals lower insurance premiums for higher operating-procedure standards that lead to improved indoor air quality. Some national architectural firms are attempting to rate building products according to the levels of volatile organic compounds they emit after installation, and to educate building owners and managers about healthier product choices.