Who is responsible for theft on a construction site?

Responsibility for construction site theft depends on contracts and site conditions. Liability may fall on the owner, general contractor, or subcontractors. Loopholes and exclusions in contracts often complicate accountability.

Does builder’s risk insurance cover theft?

Not always. Builder’s risk insurance often excludes theft of unsecured tools, smaller equipment, or losses caused by subcontractors. These gaps can leave construction projects vulnerable without additional security measures.

How can theft be prevented on construction sites?

AI-powered video surveillance, intrusion detection, and mobile remote surveillance trailers help prevent theft. These solutions proactively deter criminals in real time and provide reliable video evidence for investigations.

Do you have a high-level story from litigation—how theft cases tend to resolve in court?

Most construction theft cases involve materials like copper or wood. Clear contracts with defined liability often avoid litigation, but disputes over job-site control and insurance coverage can still end up in court.

How do state laws and foreseeable risk apply if a trespasser gets hurt?

State laws vary. In Florida, for example, owners owe limited duty to trespassers, but foreseeable risks—especially attractive nuisances—still require proactive mitigation.

What do 'hold harmless' and 'indemnity' mean, and what language should contracts include?

These clauses shift risk to another party. Contracts should define responsibility for theft or injury clearly and ensure the same language flows down through all subcontract agreements.

How effective are indemnity clauses in protecting the party they’re meant to?

They work about half the time—success depends more on whether the liable party can pay or has insurance than on the clause’s wording.

What common mistakes are made in indemnity clauses?

Vague or incomplete wording, missing key terms like attorney fees or appeals, and inconsistent language between contracts are frequent issues.

What triggers negligent security claims on construction sites?

Inadequate lighting, fencing, signage, or repeated theft incidents without corrective measures are the most common causes.

What penalties can arise from theft or inadequate site security?

Possible OSHA violations, breach of contract, insurance complications, and increased premiums—even for denied claims.

How can owners or contractors preserve evidence over time?

Immediate documentation and cloud video storage are key. Recorded footage and incident logs remain reliable long after witness memories fade.

If cameras are installed but not monitored live, does that increase liability?

Not legally, but practically it does—reactive systems only help after the fact, while monitored ones can stop thefts in progress.

What’s the most effective step contractors can take now to protect against theft?

Use clear, enforceable contract language and ensure all parties maintain proper insurance coverage. Add proactive AI monitoring for valuable sites.

If a subcontractor’s insurance lapses mid-project and theft occurs, does the GC’s policy step in?

No, the subcontractor remains responsible unless the contract explicitly transfers that risk to the GC.

We had copper wire stolen twice from a fenced site—could this be foreseeable under negligent security?

Yes. Repeated incidents make future thefts foreseeable. Failing to increase protection afterward can support a negligence claim.

Does Cloudastructure provide fixed camera solutions?

Yes. Cloudastructure offers fixed and mobile systems compatible with 99% of existing IP cameras.

What’s the challenge in not having 100% monitoring coverage, and can owners fix that?

Full coverage isn’t mandatory, but real-time monitoring reduces theft and injury risk. Continuous monitoring minimizes blind spots.

Do we have to request footage for review, or can we access it ourselves?

Cloudastructure users can access footage instantly via secure cloud login, use AI object tagging for search, and compile playlists for incidents.

Theft on Site:
Liability, Loopholes & Lessons

Featuring Construction Law Attorney Adam Edgecombe

Speakers

Adam Edgecombe

J.D., Partner, Cobb/Gonzalez

Adam joined Cobb & Gonzalez, PA in 2023, focusing on construction litigation, landlord/tenant and real property disputes, and business law. A Jacksonville native, he serves on the Chamber's Downtown Council Board, was appointed by the mayor to the Public Nuisance Abatement Board, and was named to Florida’s Super Lawyers (2025).

Jen Free (Host)

Director of Sales, Cloudastructure

Jen brings extensive multifamily operations experience combined with expertise in proptech and security. At Cloudastructure, she helps clients adopt AI-powered surveillance solutions that improve safety, cut costs, and streamline operations.

ABOUT THIS WEBINAR:

Who Bears Responsibility for Job Site Theft?

Construction theft costs the industry an estimated $400 million to $1 billion annually (National Equipment Register). When tools, equipment, or materials disappear, liability isn’t always clear.

In this live session, construction law attorney Adam Edgecombe will walk through critical legal and insurance challenges, including: