Playbook · Commercial Property
Contractor Hot Work Fires
Torch-applied roofing, pipe soldering, welding and brazing start fires that smolder for hours after the crew leaves. The contractor is usually identifiable from the first diary note, yet recoveries are lost to missed waivers, uncollected contracts and lost permits. Ishqkala reads notes, fire reports and contract files to identify the hot work, the contracting chain and any waiver of subrogation before the demand goes out.
Average missed recovery
$28,500
Typical adverse parties
- Roofing, plumbing, welding or HVAC subcontractor
- General contractor
- Tenant who hired the contractor
- Property manager who scheduled the work
Red-flag phrases
What the adjuster note says when there is a recovery.
- tenant's contractor was soldering
- roofers were torching flashing that afternoon
- fire found 2 hrs after crew left
- welding on the mezzanine earlier
- no extinguisher on roof per FD
- HVAC tech brazing line set in attic
- GC's sub was cutting with a torch
Loss scenarios
Who pays, and why.
Torch-applied roofing at a parapet
Roofing subcontractor
Heat from a torch reaches a wood nailer or insulation at a parapet. The fire smolders and breaks out after the crew leaves.
Soldering in a wall cavity
Plumbing contractor
A plumber sweats copper near framing without a heat shield or fire watch during a tenant build-out.
Welding sparks ignite stock
Welding contractor
Sparks fall through floor openings onto stored stock below, outside the area the crew inspected.
Legal theories
The law behind the recovery.
- Negligence and hot work standards
- NFPA 51B requires a hot work permit and fire watch. The 2019 edition requires at least one hour of fire watch after work ends, followed by monitoring. OSHA 29 CFR 1926.352 governs construction fire prevention.
- Negligence per se
- Where a jurisdiction adopts the International Fire Code hot work chapter, a violation may be negligence per se or evidence of negligence, depending on the state.
- Nondelegable duty and contractual indemnity
- Hiring parties may answer for inherently dangerous work (Restatement (Second) of Torts §§ 416 and 427), and subcontracts often require indemnity and additional insured coverage.
- Waiver of subrogation risk
- AIA A201-2017 § 11.3.1 (§ 11.3.7 in the 2007 edition) waives claims to the extent covered by project property insurance. Courts split on whether it reaches damage to property outside the Work.
Evidence checklist
Preserve before you pursue.
- Hot work permit and fire watch log
- Contract, subcontract and insurance clauses
- Certificates of insurance and endorsements
- Crew timesheets and departure times
- Alarm and security system event logs
- Fire department report and origin and cause findings
- Photos of the area of origin
- Torch, tools and fuel cylinders retained
- Building permits for the project
Recovery workflow
Step by step.
01
Name the hot work
Ishqkala flags trade activity in notes and FD narratives within hours of FNOL, including tools, trades and crew departure times.
02
Pull the contract chain
Collect the prime contract and every subcontract, and read indemnity, insurance and waiver clauses before tendering.
03
Notice and scene exam
Notify the contractor, its CGL carrier and the GC, then hold a joint scene exam before debris removal.
04
Build the timeline
Match crew departure, alarm logs and fire watch records to show the fire watch failed.
05
Demand and track
Send the demand and track the tort SOL and the written contract SOL separately.
FAQ
Contractor Hot Work Fires FAQ
Not always. It applies only to the extent of covered property insurance, and courts differ on non-Work property. Read the actual contract.
The contractor first. The tenant may also answer under the lease or as a hiring party for inherently dangerous work.
That gap is itself strong evidence that the contractor ignored NFPA 51B and the standard of care.
Find the millions hiding in your closed claim files before the Statute of Limitations expires.
We'll scan a batch of 500 closed claims for free and deliver an itemized recovery manifest within 5 business days.