who is liable for removal of asbestos, contractor or sub-contractor?
I was hired to polish a concrete floor and found asbestos tiles and mastic on the floor. I told the contractor and said he should have it tested. He s...
I was hired to polish a concrete floor and found asbestos tiles and mastic on the floor. I told the contractor and said he should have it tested. He said to grind it with water and pour it down the mop drain. He also had his employees throw the tiles and carpet in a dumpster and sent it to a landfill. Who is legally liable for repercussions from the EPA on the disposal and removal of the product? How severe are the fines and is there any possible jail time? What if somebody gets cancer somewhere down the line? Are the employees and customers in any danger of asbestos that is airborne?
You seriously need to call an attorney. This is most definitely something that can haunt you down the line. If you were hired by the General Contractor, read your contract and any indemnity clauses. If the General Contractor is found liable, you may have to indemnify the GC and that is basically you helping them defend the claims. Either way, you will be responsible for some part of the defense claims. If you are the sub and was hired directly by the homeowner, you bear 100% responsibility for your defense. Go see an attorney.
Was the subcontractor hired by the General Contractor (or by the homeowner)?
If the subcontractor was hired directly by the homeowner, the responsibility falls to the subcontractor.
IF however, the subcontractor was hired by the General Contractor – the responsibility for the project -including ALL SAFETY procedures and the Legal disposal of hazardous materials is the responsibility of the General Contractor.
Asbestos is highly toxic. Without taking the proper precautions for the removal of asbestos- the health of employees and customers is definitely compromised.