Asbestos & Lead-Based Paint Abatement

Abatement contractors following others’ abatement plans can also incur professional liability if they change procedures or equipment in the field, resulting in an economic loss.

ACM and LBP wastes may be classified as hazardous and must be properly segregated to avoid being accidentally mixed with non-hazardous waste and improperly disposed of. Improper disposal can lead to cleanup and environmental tort liability.

Sample collection, which involves disturbance of building materials, may result in the release of asbestos fibers or lead-containing dust. Third parties could be exposed, and cleanup may be required.

Significant lead exposures can arise from removing LBP from surfaces such as bridges and structures without adequately controlling and capturing LBP-containing dust and debris. Improper containment, equipment use, or breaches in containment systems may spread lead contamination to nearby areas. Cleanup, third-party bodily injury, or property damage claims may result, and violations, penalties, and fines could be levied against the abatement contractor.

During asbestos abatement activities, breaches in containment or failure to properly seal off abatement areas can spread asbestos fibers, leading to claims and regulatory issues.

Asbestos can be found in many residential, commercial, and industrial applications, including ceiling and floor tiles, heating duct insulation, thermal pipe insulation, roofing materials, and spray flame retardants. When asbestos fibers are disturbed and released, they can be inhaled and cause serious health hazards or fatal diseases such as asbestosis, lung cancer, mesothelioma, and other cancers.

Workers performing ACM or LBP abatement must follow adequate decontamination procedures. Workers returning home might carry fibers on their hair, skin, and clothes, indirectly exposing their families and others living with them. Secondhand exposure could harm family members and result in bodily injury claims.

During the transportation of ACM and LBP wastes, an upset or overturn of the transport vehicle could occur, releasing the wastes. Contamination could be spread or third parties exposed to hazardous air emissions, resulting in environmental liability for the contractor who arranges for or transports the materials.

When performing professional inspections and analyses, abatement contractors can be exposed to professional liability risks. An error, omission, defect, or deficiency in any test performed or inaccuracy in preparing and performing work plans, diagnostic lab testing, or post-abatement certification could lead to tort liability and economic losses.

Waste container breaches or improper handling may cause air releases of asbestos fibers or lead-containing dust at a jobsite, during transit, or at a non-owned disposal site. When an investigation for improper disposal occurs at a disposal facility, it can result in potential liability for all parties that manifested waste to the facility.