Skip to main content

Article

Hiding in plain sight: How much of a risk are PFAS “forever chemicals” for UK construction companies?

Per- and polyfluoroalkyl substances (PFAS) have long been integral to various construction materials and products. However, they have recently come to the attention of some construction insurance companies. How can UK contractors and developers respond?
Per- and polyfluoroalkyl substances (PFAS) have long been integral to various construction materials and products. However, they have recently come to the attention of some construction insurance companies. How can UK contractors and developers respond?

They’re here, they’re there, they seem to be everywhere. Since the 1950s, PFAS have become a common part of daily life, found in our homes and workplaces. These substances enhance the functionality of a range of products, from pizza boxes to beauty items to fire extinguisher foam. In the construction industry, PFAS are present in many trusted and frequently used materials.

Barely registering on the risk profiles of most UK construction companies as little as a year ago, Recently, some insurers have raised concerns about PFAS due to their potential health risks for workers, property owners, tenants, and the wider environment.

What are PFAS and why are they important?

PFAS refer to a chemical family consisting of about 4,700 substances that have been used across various industries for decades. Often called “forever chemicals,” they are known for their persistence in the environment and resistance to degradation. 

While awareness and regulation of these substances have increased, the focus has primarily been on their presence in non-construction products, as diverse as firefighting foams and Teflon.

In the construction industry, PFAS are valued for their water-resistant, non-stick, and durable properties. They can be found in a variety of materials, substances, and components, including:

  • Timber-derived products
  • Flooring
  • Bathroom suites
  • Paints
  • Sealants
  • Adhesives
  • Coatings

Concerns about the potential health and environmental risks associated with PFAS have been raised by some organisations. According to the Government of Jersey’s PFAS Scientific Advisory Panel, exposure can occur through ingestion, inhalation, and skin absorption. A study of 17 commonly used synthetic “forever chemicals” by Birmingham University found that PFAS absorbed through human skin can enter the bloodstream.

PFAS can accumulate in the human body over time, and some studies have linked PFAS exposure to health issues such as cancer, hormonal disruptions, and developmental issues. This raises concerns for workers handling these substances, residents in properties where PFAS are present, and stakeholders in environments surrounding projects with heavy PFAS usage.

Implications for the UK construction industry

The growing regulatory focus on PFAS — both in the UK and internationally — could potentially have implications for the construction sector. Stricter controls, legal liabilities, and bans on PFAS-containing materials could affect costs and project timelines.

Contractors and developers could also face insurance claims or litigation from workers, building occupants, and stakeholders in the surrounding environment. While there have been no PFAS-related construction insurance-related claims in the UK to date, litigation has emerged in the EU and the US.

Some insurers in the UK have stipulated that the presence and use of PFAS may lead to exclusions in certain construction insurance policies, although this stance is not yet widespread.

PFAS usage: Construction insurance implications

Currently, there is no unified industry response to PFAS use in the UK. Some insurers exclude PFAS altogether from policies, while others have a “wait and see” approach. 

In the UK, greater activity by consumer groups and regulators may result in PFAS-related litigation against manufacturers, retailers, and others in the supply chain. This could require contractors and developers to adapt their strategies, particularly regarding how insurance policies address PFAS risks. 

When purchasing a construction insurance policy, contractors and developers should be aware that insurers might want to understand how PFAS risks are being managed. Risk managers should start by assessing their exposure and be prepared to provide detailed information to underwriters.

To learn more about the rise in litigation, liability and impact of PFAS check out the new podcast from Marsh's Chemicals & Life Sciences Industries Leader.

Contact your insurance broker

For more information from your construction insurance broker, reach out to your Marsh Specialty Construction contact.

The information contained in this article is based on sources we believe reliable and should be understood to be general risk management and insurance information only. The information is not intended to be taken as advice with respect to any individual situation and cannot be relied upon as such. 

This content also contains third party content and/or links to third party websites. Links to third party websites are provided as a convenience only. Marsh is not responsible or liable for any third-party content or any third-party website, nor does it imply a recommendation or endorsement of such content, websites or services offered by third parties.