Q: Contractor malpractice on hazardous material
in Calfornia, a general contractor was hired for condo remodeling.
The condo is contaminated to the extent beyond living and the clean up bill from is hefty. Shall the owner be responsible for the bill only?
A:
Did the homeowner’s association know of the Asbestos prior to your purchase of Thr condominium? Was this fact disclosed to you in your closing documents? We’re you aware of the asbestos issue prior to construction? These and many more questions would be raised in a litigation against the contractor.
It is important to review the agreement to find out whether asbestos testing and remediation was included on the agreement between landlord and contractor.
There are no easy answers as there may be liability on several parties. Best of luck.
A:
I agree with Mr. Juarez, but there are additional things that you should know.
There are requirements for testing before a commercial demolition.Those requirements include the following: The asbestos survey must be conducted by a Certified Asbestos Consultant. The survey must be completed prior to any demolition or renovation activity. There are no exceptions based on date of construction or the age of the facility.
Failure to have a proper survey done results in liability to the property owners and others in the event that thee is asbestor present. In your case, the contractor is also liable.
You need to determine what your damages are, then you should seek a consultation with a competent attorney in the area of construction law, and bring your contract along with you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
