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Contractors warn PFAS Superfund liability is raising bids, reducing competition
Summary
The Associated General Contractors told the Senate EPW Committee that contractors face uncertain PFAS liability under CERCLA, are seeing insurance exclusions, and want Congress or EPA to establish clear liability protections, pre‑bid testing requirements, and disposal thresholds to avoid project delays and cost escalation.
Leah Pilconis, general counsel for the Associated General Contractors of America, told senators that contractors nationwide "are not PFAS polluters, they are builders," yet under CERCLA's strict, retroactive and joint‑and‑several liability, contractors who unknowingly encounter PFAS may be swept into Superfund liability. Pilconis said the uncertainty is already discouraging bidders for PFAS‑suspect projects such as airports and military…
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