Construction Progress: “Crashed into a Crane: Construction Site Liability.”

I was flying an automated mapping mission over a construction site. The drone hit a tower crane cable (which the sensors didn’t see) and fell onto freshly poured concrete, ruining the finish. The construction company is charging me for the concrete rework and the delay ($25,000).

Key Takeaways

  • “Property Damage” vs. “Consequential Loss”: Liability pays for the concrete repair. But the delay costs (workers standing around, schedule slip) are Consequential Damages. Ensure your policy covers “Loss of Use.”
  • OCIP (Wrap-Up) Policies: Big construction sites often have a “Wrap-Up” insurance policy (OCIP). They might require you to enroll or waive subrogation.
  • Higher Limits: Construction sites usually require $2 Million to $5 Million liability limits because the damage potential is so high.
  • PPE Requirements: If you (the pilot) weren’t wearing a hard hat/vest on site and got hit by debris, their insurance might deny your injury claim for safety violations.

The “Why” (The Trap): “Thin Obstacles”

Drone obstacle avoidance sensors (visual/radar) often fail to detect thin wires (crane cables).
Trap: Relying on automation.
Negligence: If you weren’t watching the drone (VLOS) and relied on the screen, you are negligent.
Liability: You damaged the concrete and the schedule.

The Investigation: “I Called Them”

I asked about construction site claims.

1. SkyWatch

  • Coverage: Property Damage (Concrete) is covered.
  • Limit: Need at least $1M.
  • Loss of Use: Generally covered under standard ISO forms.

2. Construction Contract

  • Clause: “Hold Harmless.” You agree to pay for everything, even if it wasn’t fully your fault.
  • Insurance: Your policy covers your negligence. It might not cover the “Contractual Liability” of a broad Hold Harmless agreement.

Comparison Table: Site Damage

Damage TypeInsurance CoverageNotes
Wet Concrete (Physical)YesStandard PD
Crane Inspection (Precaution)YesIf you hit it, they must inspect it
Project Delay (Money)Yes (Loss of Use)Expensive!
DroneHullTotal loss (concrete kills electronics)

Step-by-Step Action Plan

  1. Scout the Cranes: Cranes move. What was safe at 8 AM might be blocked at 10 AM. Talk to the crane operator radio.
  2. Set “Return to Home” Altitude: Set it higher than the crane.
  3. Buy Excess Liability: If working on $100M projects, buy $5M insurance.
  4. Sign the OCIP: If offered, get on the site’s master insurance policy. It reduces finger-pointing.

FAQ

Q: Can I fly over the workers?
A: Only if they are “direct participants” (briefed and part of the drone op). Construction workers working on the building are usually NOT direct participants. You must fly over the structure, not the people.

Q: Do I need a hard hat if I’m outside the fence?
A: No, but if you are inside, yes. Follow site safety rules or be kicked off.

[IMAGE: Photo of a construction site with a red circle around the thin crane cable.]

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