Homeowner's asbestos inspection was incomplete
Q. We own a home that recently flooded. Now the interior must be stripped to the framing and rebuilt. An environmental inspector was hired to determine if there is any asbestos. He found none, so the contractor proceeded with demolition. While removing plaster, he uncovered heating ducts that are insulated with asbestos. That material was damaged in the process of opening the walls, so now that contractor must report this to the air quality control board and to OSHA, and we may be subject to fines. The contractor says the asbestos insulation should have been reported by the asbestos inspector, but the asbestos inspector says he was only required to test surface materials. Who is right?
A. The asbestos inspector's responsibility was to determine all possible sources of asbestos on the property and to advise you accordingly, prior to demolition. Whether he was limited to testing surface materials or not is irrelevant. The location of the air registers should have indicated to him that there were air ducts inside the walls. He knew the purpose of the inspection was advisement for pending demolition, and he should have known the ducts were potentially insulated with asbestos.
Furthermore, in cases where demolition is intended, testing is not limited to surface materials because more than surface materials are intended to be removed. Asbestos inspectors are free to cut into walls that are scheduled for demolition.
If the inspector had any doubts about this, he should have asked for permission to cut into the walls. As you describe the situation, he appears to have been negligent and would therefore be liable for the consequences of a faulty inspection.
Q. We purchased our home, new, about two years ago. During construction we noticed cracks in the slab, running throughout the house. The builder told us this was common and that they would be sealed. Since then, there have been two problems. The wood flooring has become discolored at several places. We notified the builder about this. He inspected it and told us to keep an eye on it to see if it gets worse. It has definitely gotten worse. In our kitchen 10 floor tiles cracked and had to be replaced. In each case, the slab under the cracked tiles was cracked. Are these defects normal or are they the result of faulty construction?
A. The moisture stains and cracked tiles may indicate that shortcuts were taken by the builder or some of the workmen. Installers of wood flooring know that a vapor barrier is needed on a slab to prevent moisture exposure to the wood, especially when there are cracks. Installers of tile flooring know that a slip sheet is needed on a slab to prevent cracks in the concrete from cracking the tiles. Omission of these essential components is an indication of substandard workmanship.
The builder should take responsibility for these conditions, rather than making spot repairs to tiles or asking you to monitor the stained wood flooring. The only long-term, reliable solution is to have the flooring reinstalled in a workmanlike manner.
• To write to Barry Stone, visit him on the web at www.housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.
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