Contractor/sub REMOVED asbestos tile without approval -VERY scared

7 years ago

TL:DR

Kitchen being remodeled, includes powder room, adjacent laundry and systems area.

Contractor's sub/employee was supposed to remove some sticky vinyl tiles that were on top on asbestos tiles that had been in place for 60 years.

We had been told by other flooring experts not to disturb the tiles as they are firmly in place.

And that it would cost thousands to remove them and PROPERLY tent everything for safety.

Since the EPA.gov website says encapsulation is best overall, the contractor and his sub were told and agreed several times to not touch the asbestos.

Lo and behold, the sub removed the vinyl tiles on top of the asbestos tiles.

They were cheap and I could have even pulled them up myself.

But he chipped away and removed about 10-15 of the asbestos tiles !

ANd since they couldn't be lifted up, that means he was chipping them and the mastic underneath and letting it fly into the air.

Once again DH is being super low key.

What is the best advice here ?

I opened all the windows downstairs.

The vents downstairs have been duct taped closed (by me) since the whole remodeling job started. Is it even safe to run our HVAC ? it supplies half our heat.

These idiots also were supposed to be installing the tiles and hardwood floor we ordered but the flooring company told us Saturday that the flooring was never ordered and wouldn't be "for a quite a while"

The project manager was informed of this and has kept putting us off for a few days saying he is waiting for an answer.

So anyway about to lose my mind here.

How to proceed next would be appreciated.

DH has already given these people 11k of 15k for the project.

ARGH........................

Please forgive any incoherence, but I have adrenaline coursing through my veins with rage.

Just got over the stress of unsafe behavior by contractor's sub and agreed with my DH (soon to be ex at this rate !) to let sub come back (he might be an employee, dont know for certain)

Already experienced the sub hauling around fiberglass that was uncovered.

He said it was "ECO" so it was safe to handle and breathe around with no gloves, etc.

Not true.

Then instead of using end cap to cap an extra HVAC vent, he used cans of Great Stuff expandable foam.

Again, stupid action.

Next up brought an 120k Kerosene heater filled wit oil plus open kerosene oil canister into house. No need to use in small 400 sq space with low ceilings.

He left it turned off but filled with oil directly against pilot of hot water heater.

I asked DH to request another employee. DH is go with the flow to a fault.

DH was home all day doing work [he's a lawyer. but the kind who deal with calm people and contracts, not typical lawyer persona)

He never checked on this lunatic !

He asked if we could turn the whole house HVAC back on (I had it off due to drywall dust )

I when down to check everything and almost fell over.

I wandered down to discover the vinyl tiles on the asbestos had been rmeoved BUT also the asbestos tiles and mastic had been chipped away at !

So anyway about to lose my mind here.

How to proceed next would be appreciated.

DH has already given these people 11k of 15k for the project.

ARGH........................

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Comments (5)

PRO
Cancork Floor Inc.
7 years ago
So....the LAWYER in the house has given over 73.3% of the budget yet only 10% of the project has occurred. No materials have been ordered but demolition has occurred (unsolicited, unsafe and improper removal of asbestos without proper license/abatement to do so). And you have a "worker" (employee/subcontractor) who appears to be unsafe and unable to work without direct supervision and has continued to do things against code. Do I have that so far?

I would say contact a lawyer...but it seems the one you have has mucked things up - ROYALLY.

OK. So. What to do? Not much. So long as the Project Manager (who is the REAL boss - not DH lawyer who doesn't know to withhold HUGE amounts of money from a project such as this) has your money, you have to deal with the company and their employees/subcontractors.

The Project Manager is FULLY responsible for this stuff. All of it. Stop talking to DH and start calling project manager. And start talking about REBATES....yes. They are going against your contract (which your lawyer has mucked up) for scope of work (removing what should not be removed, failure to mitigate, etc).

If you REALLY want to get some action: make some statements about contacting state licensing agencies and the health department (unsafe removal and disposal of asbestos). That should REALLY get everyone's attention. That's not a fun thing to do but it will make EVERYONE snap to attention - even deadbeat DH/lawyer.

Remember: the work done by the subcontractors/employee is 100% the responsibility of the General Contractor/Project Manager. Every. Stick. Of. It. Anything that is out of place with this employee is to be reported to the Head Dude In Charge! Figure out who that is and speak with him/her.

Point out to whomsoever is in charge that the employee/sub that concerns you is NO LONGER welcome on your property. Put it in writing. Get copies. Everyone signs a master copy (which you keep) and they in turn receive a copy for their records. I would suggest leaving it with your lawyer....but this seems to be an issue.

Again...I would suggest a lawyer but it seems yours is on temporary leave of absence.

I would put these guys on notice. They get one more kick at the can and then you kick them to the curb! Oh. Wait. That have OODLES of your money. Hmmmm. They should have only received 30% of what was needed....not 73.3%. This is not a healthy place to be....but it is *possible to get out of this. A lawyer could get it done...but alas...
joe hru thanked Cancork Floor Inc.
joe hru
Original Author
7 years ago
Cancork Floor Inc.

Luckily the contract has an opt out clause. Also, our state of Maryland has 4-5 different licensing and consumer protection boards that would jump all over this.

DH is lovable and for a lawyer, way trusting. He is in IP so he doesn't need to be cagey and street smart. But this finally pushed him over the brink and he tore the contractor a new one in his letter and email tonight.

So now the contract is opted out of altogether.

Thankfully, these lunatics were never hired to install our cabinets or counter tops.

Nor complete any plumbing.

So it is only a matter of getting the flooring rectified and electric finished. Merely some lights installed and an island vent that is already wired.

We had a brilliant company nearly hired to do the flooring before we hired this contractor.

Who knows, things may go faster now !
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joe hru
Original Author
7 years ago
The contractor refused to answer any questions via email / buidertrend.net hub.

Even though DH wrote to stop all work and that he needed to know in writing why their employee hammered away at asbestos tile without approval, they refused to respond to the questions.

Showed up at the house without prior agreement. Stood outside for 30 minutes knocking on the door.

Pretty obvious that they want to get in here and cover their mess so they don't get in huge trouble. And I'm not interested in getting them in trouble, just want to move on.

And get refunded partially for stuff they messed up.

We sent yes another email to the company and stated that we have opted out and to only contact us via written communications.

The manager emailed back and told us not to do that and he would call us.

Send the same statement back.

What a bunch of crazies.
User
7 years ago
The world is falling
joe hru thanked User
joe hru
Original Author
7 years ago
last modified: 7 years ago
Cancork Floor Inc.

So keep noticing other horrid thing that the contractor's employee did insanely wrong and tried to hide. Such as removing a wood and plaster shelf under window and replacing it with 1/5 the thickness of cheap drywall. Crooked and cut wrong.

Spouse keeps asking me what to do next to get money back from contractor.

I have suggested sending certified letter stating again that the contract has been opted out of. Then waiting to see their reply.

But I was told by spouse that I am very stupid to not suggest to him to ask for all monies back. I used to flip places, but I am not the lawyer and simply think that brevity is best at first.

Obviously, I am shocked and flabbergasted that I am being blamed for things not working out with contractor.

I am so worn out and sad over this. So looks like I will never get to enjoy a new kitchen after all.

Contractor/sub REMOVED asbestos tile without approval -VERY scared

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Contractor/sub REMOVED asbestos tile without approval -VERY scared

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Cancork Floor Inc.

joe hruOriginal Author

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