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Can a contractor continue demo without disturbing asbestos in an old house remodel

CaliforniaConstruction Contract

A project was started. Demo took place of a kitchen. Asbestos was discovered. Abatement company called. Finished demo around the asbestos without disturbing it. Abatement company gave proposal to remove. Noted all intact. Is this a normal practice.

2 replies

Oct 24, 2019
Unfortunately, I'm afraid I don't know the answer to your question - while I've got expertise in construction law and construction payment, I'm not familiar with best practices when dealing with asbestos on a job. However, the contractors on ContractorTalk.com might be able to provide some insight on how to manage a restoration job where asbestos has been discovered. Searching through their forums, it looks like they've discussed asbestos-related issues quite a bit in the past.
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Oct 25, 2019
you are close. contractor has to stop all work in area with suspected asbestos material until asbestos material specialist remove, remediates, and gives ok to proceed.  Contractor must stop again and repeat the remediation process if contractor finds or suspects additional asbestos material. Otherwise, contractor may obtain license and registration to  work with asbestos material. An unregistered non-certified contractor may work with asbestos material (in a nonpliable state) not more than 100 total cumulative square feet in the project. Fines & Penalty for getting caught working without certification includes: 1st offense: $1k-3k fine and possible suspension/revocation of license.  2nd offense: $3k-$5k fine and misdemeanor. Also, contractor may be liable for asbestos related injury claims from: property owner, tenants, GC, employees (and their families); other contractors on the project, and surrounding neighbors that may be subject to airborne particulants. authorities
  • CA AQMD rule 1403
  • Cal/OSHA
  • DOSH- Asbestos Contractor Registration Unit.
an unregistered non-certified contractor may work with asbestos material not more than 100 total cumulative square feet in the project.
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