Radon Can be Problematic to Architects and Engineers

Fri, 15 Jan 2010 17:59:29 GMT

January is National Radon Action month. Design firms might not consider radon a major risk to their profitability but radon claims can create a significant professional liability problem. According the EPA, radon is the second leading cause of lung cancer deaths in the US and the leading cause of lung cancer deaths among non-smokers. Usually radon problems are identified in new housing. The naturally occurring radioactive gas is often released by excavations and, unless it is isolated or evacuated, seeps into housing through floor slabs. There are, of course, training courses for builders to identify and remedy radon infiltration problems, and there often are state requirements for real estate professionals to have homes tested for radon during any residential sales transaction.

Radon can create more than a health problem—claims can be brought against architecture and engineering firms. The claims are not only related to single-family residential construction and are not only against builders who do not use radon-resistant construction techniques. Most situations involve residential units but those units could be in high-rise condos as well as townhomes or garden apartments. At times, radon is brought to the site in the form of rock fill. There is no duty on the part of architects and engineers to test for radon or to routinely specify radon containment or elimination systems in new construction. But any indication that radon might be a problem on the site (such as from problems on adjacent sites) or any client requirement to consider radon as a pollutant to be evaluated during the design should trigger additional attention and services. Claims against design firms because later tests have shown radon levels that exceed the safe amount can be costly to defend and if real bodily injury has occurred because of exposure, costly to settle. While such bodily injury claims are rare, cost recovery claims by developers are not. Firms should be concerned that they do not become targets for developers who intend to pass on their problems and exposure.

For more information and risk management, check out this 2008 article from Guidelines.

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Radon Can be Problematic to Architects and Engineers