Earth Movement, Subsidence, EIFS (CG 22 91) & Mold/Fungi (CG 21 67) GL Exclusion Audit
Surplus-lines construction GL binders frequently bundle three silent defect exclusions that destroy coverage for site-work, plumbing, and exterior envelope contractors: (1) an "Earth Movement / Subsidence / Soil Settlement Exclusion" that bars any foundation crack, trench collapse, or retaining-wall claim even when caused by human excavation or a burst pipe; (2) ISO CG 22 91 ("Exclusion — Exterior Insulation and Finish Systems / EIFS"), which excludes any property damage to a building if synthetic stucco/EIFS exists anywhere on the exterior; and (3) ISO CG 21 67 ("Fungi or Bacteria Exclusion"), which denies water-leak claims the moment a plaintiff’s complaint mentions mold.
General Contractor Left With $320,000 Uninsured Water Defect Claim Due to Missing CG 20 37 & CG 22 94 Exclusion
A GC collected a subcontractor COI showing "Additional Insured: Yes," but the actual binder only attached ISO CG 20 10 (Ongoing Operations)—omitting ISO CG 20 37 (Completed Operations)—and the GC’s own GL policy contained ISO CG 22 94 deleting the Subcontractor Exception.
EndorseIQ™ mandates both ISO CG 20 10/20 38 and CG 20 37 (Completed Operations), strikes ISO CG 22 94 and CG 21 39, and enforces Primary & Noncontributory (CG 20 01) vertical exhaustion.
Check Your Full Contract PDF for Cross-Section Overrides (Free 60s Scan)
Fixing one clause alone often fails when a buried definition, exhibit, or survival clause elsewhere in your Construction GL & Subcontractor neutralizes your protection. Drop your PDF or Word (.docx) below for an instant, 100% anonymous cross-section audit.
“MAN-MADE EXCAVATION CARVE-BACK TO SUBSIDENCE & $100,000+ MOLD / EIFS SUB-LIMITS: (a) Any Earth Movement / Subsidence exclusion is deleted or amended to apply solely to natural catastrophic earthquake/landslide, explicitly preserving coverage for man-made excavation, trenching, grading, compaction, and utility-line water erosion; (b) ISO
What to Say to the GL Carrier & Upstream GC / Owner Requirements
"An Earth Movement exclusion that includes man-made excavation, compaction, or plumbing-leak soil wash-out strips our core operations coverage. We need man-made subsidence carved back in, ISO CG 22 91 limited strictly to direct synthetic stucco application, and a $100,000+ Mold/Fungi defense sub-limit."
Why they drafted it this way: Water intrusion claims almost always include secondary allegations of mold (CG 21 67) or soil settlement beneath a slab, allowing adjusters to use anti-concurrent causation in these three exclusions to reject the entire water defect claim.
Mandatory Audit Checklist Points
- Ensure Earth Movement / Subsidence exclusions carve back man-made excavation, grading, and water-leak soil erosion
- Audit ISO CG 22 91 (EIFS) so window, roofing, and framing work on buildings with EIFS is not excluded
- Replace absolute ISO CG 21 67 (Fungi or Bacteria Exclusion) with a $100,000–$250,000 Mold Defense Sub-Limit
- Check Contractors Pollution Liability (CPL) riders for silica, lead, and jobsite mold coverage
Paste Your earth movement subsidence exclusion EIFS CG 22 91 mold CG 21 67 GL audit Section or Upload Your Full Construction GL & Subcontractor (.pdf / .docx)
Check if your draft has a hidden loophole or cross-section override. Click ⚡ Preview Sample Audit (Instant) to see a live demo in 0.2s, or upload your own PDF / Word (.docx) contract below:
EndorseIQ™ Policy & Binder Scanner
ACTIVE ENGINE: ENDORSEIQ™ (MULTI-HOP ISO & COVERAGE GRAPH)Frequently Asked Questions
Why does an Earth Movement / Subsidence exclusion threaten plumbers and HVAC contractors?
When an underground water or sewer line installed by a plumber leaks beneath a building slab, it saturates or washes out the soil, causing the concrete foundation to settle and crack. Carriers invoke the "Earth Movement / Soil Subsidence (whether natural or man-made)" exclusion to deny the entire foundation repair claim.
Why is ISO CG 22 91 (EIFS Exclusion) dangerous even if you do not install synthetic stucco?
Paragraph 2 of ISO CG 22 91 excludes property damage arising out of "your work, including any part of any exterior component, fixture or feature of any structure, if an EIFS is used on any part of that structure." That means if you install windows, flashing, or roofing on a building that happens to have EIFS on the facade, CG 22 91 excludes your window or roof work!
How do I redline earth movement subsidence exclusion EIFS CG 22 91 mold CG 21 67 GL audit traps in my Construction GL & Subcontractor anonymously without creating an account?
Upload your Construction GL & Subcontractor PDF or Word (.docx) draft to ExclusionRadar.com to run the "Earth Movement, Subsidence, EIFS (CG 22 91) & Mold/Fungi (CG 21 67) GL Exclusion Audit" defense cartridge 100% anonymously—with zero account registration, zero email login, and stateless in-memory processing. EndorseIQ™ flags earth movement subsidence exclusion EIFS CG 22 91 mold CG 21 67 GL audit exposure (typically $125,000 – $950,000+ in denied foundation, stucco/EIFS, or water-mold claims; documented unredlined loss: $320,000 denied Completed Operations & subcontractor defect claim), checks for cross-section overrides, and exports a ready-to-send Microsoft Word (.docx) Track-Changes file.
More Construction GL & Subcontractor Redline Playbooks
View All Construction GL & Subcontractor PlaybooksSubcontractor Warranty Endorsement Audit: Avoiding 100% Claim Denials & $50,000 Deductible Penalties
In addition to ISO forms, non-admitted construction GL carriers attach a manuscript "Independent Contractors / Subcontractor Warranty Endorsement" (Condition Precedent). This clause states that the GC has ZERO coverage for any claim involving a subcontractor unless, prior to the sub setting foot on site, the GC obtained: (1) a signed written hold-harmless contract, (2) Additional Insured endorsements CG 20 10 + CG 20 37, (3) Primary & Noncontributory status, and (4) matching $1M/$2M GL limits. If a single day-laborer or emergency repair sub has an expired COI or missing CG 20 37, the GC’s own GL policy voids coverage completely!
ISO CG 22 94 Exclusion Explained: How to Restore Subcontractor Completed Operations Coverage (2026)
ISO Endorsement CG 22 94 ("Exclusion — Damage to Work Performed by Subcontractors on Your Behalf") deletes the single most important sentence in a General Contractor’s Commercial General Liability policy: the subcontractor exception to Exclusion l. ("Damage to Your Work") under ISO Form CG 00 01. Under unmodified ISO CG 00 01 wording, property damage to your completed project is covered if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Once an E&S or surplus-lines carrier attaches CG 22 94 (or its scheduled cousin CG 22 95), any post-completion water intrusion, framing failure, HVAC leak, or foundation defect caused by a hired trade subcontractor results in a 100% coverage denial.
CG 20 10 vs. CG 20 37: How to Audit Subcontractor COIs for Ongoing & Completed Operations Gaps
Collecting an ACORD 25 Certificate of Insurance with an "X" in the Additional Insured column does not confer legal coverage. Over 75% of construction defect and bodily injury claims arise after work finishes, yet subcontractors routinely supply only ISO CG 20 10 ("Additional Insured — Ongoing Operations"), which terminates the exact day the subcontractor leaves the site. Without ISO CG 20 37 ("Additional Insured — Products-Completed Operations Hazard") and ISO CG 20 38 (automatic upstream status without direct contract privity), upstream GCs and Property Owners face immediate tender rejections.
NY Labor Law § 240/241 "Action-Over" Exclusion Audit: Catching Grave Injury & Scaffold Law GL Traps
Under New York Labor Law § 240 ("Scaffold Law") and § 241(6), property owners and general contractors face strict, absolute liability for gravity-related worker injuries. When a subcontractor’s injured worker collects Workers’ Compensation and then sues the upstream Property Owner and GC under Labor Law § 240, the Owner/GC tenders the defense and contractual indemnity back down to the subcontractor ("Action-Over"). However, E&S carriers in New York routinely slip an "Action-Over Exclusion," "Injury to Employee of Contractor Exclusion," or ISO CG 21 39 into the subcontractor’s or GC’s GL binder—wiping out 100% of coverage for the exact claim structure that dominates NY construction litigation.