Who is responsible for finding out if asbestos is present, a contractor of a project or a home owner?

Question

My construction project was halted by the NYC Dept. of Environmental Protection after a neighbor complained about asbestos present. The contractor did not realize that asbestos was present and neither did the architect, who at one point certified that asbestos was absent. I as a homeowner did not know that asbestos was present and trusted the contractor or the architect to find out if the substance was present. Is the contractor responsible? He is the one who haphazardly modified the asbestos insulation of the house and did not even realize the asbestos was what it was. The project was ordered to be suspended by the NYC DEP and delayed the remodeling for a couple of weeks and costed me about $10,000 (including filing fees).

Answer 1

Unfortunately, for you, you own the property so clean up is your responsibility.
If the architect or contractor had found asbestos at the start, you would have had to pay for the removal.
From your description, their errors did not cost you anything beyond the cost of the removal.
Don't you just hate it when you get hit in the pocketbook really hard?

Answer 2

We went through this issue when we remodelled our home. Basically, if your house or building was built prior to the EPA's ban on the use of asbestos in 1989, you better expect that you might find it being used as insulation in your house's walls or ceiling, around your pipes, or in the adhesive that bonds your linoleum to the floor.

I don't know who has the legal obligation to determine the presence of asbestos, but I do know this: our experience with remodelling our house, which was built in 1929 and added on to in 1972, caused us to conclude that most contractors are not going to raise the issue of asbestos if the homeowner doesn't raise it. That's because the cost of asbestos abatement is very high and if they factor that into their initial bid, they most likely will come in higher than other contractors and won't get the job.

What some of them will do is just ignore the potential presence of asbestos and not take any abatement procedures. This is dangerous for them, their workers, and the homeowner, but I think a lot of contractors feel that they can take the chance and "roll the dice" as long as they keep working.

What other contractors will do is, after you have signed the contract with them and they have started work, they will inform you that asbestos is present and that the cost of dealing with it will add "X" amount to the job. When that happens you're screwed: if your house is already partly demolished, you aren't in a very good bargaining position.

I think that in your situation, you might need to consult a lawyer who specializes in law as it relates to environment, contracting and construction. Of course, that's going to cost you more money.

Lesson for everyone reading this: if you're remodelling a structure older than 1989, ask your contractor about asbestos and what he will do to determine whether you have it and how much getting rid of it will add to the cost. Get it in writing.

Good luck.

Answer 3

the contractor is responsible for finding it..then he gives you the option to continue or quit the work..if you continue it you will have to pay through the nose to have it extracted and disposed of.