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The property abutting our exterior courtyard has recently had it's roof replaced. The adjacent property is one level below us, so the roof is at head height. The roof was made of corrugated cement asbestos sheets. The contractor removed them without taking any of the precautions mandated (I think) by the Health and Safety Executive. Although removing such material is not a 'licensed' procedure, safety precautions must be followed as it is a hazardous material.
The contractor had asked permission to gain access to one side of the roof via our courtyard, to which we agreed. He brought down the sheets and stacked them on our property. They should have been double bagged but were not. The bolts were removed with a disc cutter, through the sheets themselves, producing clouds of dust. The operatives wore no PPE, no masks and no hazmat outerwear. Debris was scattered over the courtyard.
The contractor was challenged and the work was stopped. He was in a state of high agitation; a family member had alerted me previously to the requirements for doing this work correctly and when challenged, the contractor acknowledged that none had been followed. He offered to do free work on our house as soon as I mentioned that our concerns might be best addressed by the Environmental Health dept at the local council.
Although an approach to the authorities was an option, I took the view that the matter could be most swiftly settled privately by arranging an asbestos survey and following through with any recommendations the surveyor might make.
The survey was quickly completed at a cost of £650 including a lab report which confirmed the material as Chrysotile asbestos, a known carcinogen by inhalation. The surveyor recommended an asbestos decontamination.
The contractor reimbursed me for the outlay for the survey but has ignored requests to settle the cost of the decontamination, a further £730
I have approached the property owner, who instructed the contractor, but they have told me that they believe any liability rests with the contractor.
I agree that they did not themselves do the work but they caused it to be done and that they bear the responsibility for putiing us back to the position we were in - as far as possible - before the work was done.
I would appreciate any general advice here. I am considering a Moneyclaim but I'd like to be sure of my ground first!
The contractor had asked permission to gain access to one side of the roof via our courtyard, to which we agreed. He brought down the sheets and stacked them on our property. They should have been double bagged but were not. The bolts were removed with a disc cutter, through the sheets themselves, producing clouds of dust. The operatives wore no PPE, no masks and no hazmat outerwear. Debris was scattered over the courtyard.
The contractor was challenged and the work was stopped. He was in a state of high agitation; a family member had alerted me previously to the requirements for doing this work correctly and when challenged, the contractor acknowledged that none had been followed. He offered to do free work on our house as soon as I mentioned that our concerns might be best addressed by the Environmental Health dept at the local council.
Although an approach to the authorities was an option, I took the view that the matter could be most swiftly settled privately by arranging an asbestos survey and following through with any recommendations the surveyor might make.
The survey was quickly completed at a cost of £650 including a lab report which confirmed the material as Chrysotile asbestos, a known carcinogen by inhalation. The surveyor recommended an asbestos decontamination.
The contractor reimbursed me for the outlay for the survey but has ignored requests to settle the cost of the decontamination, a further £730
I have approached the property owner, who instructed the contractor, but they have told me that they believe any liability rests with the contractor.
I agree that they did not themselves do the work but they caused it to be done and that they bear the responsibility for putiing us back to the position we were in - as far as possible - before the work was done.
I would appreciate any general advice here. I am considering a Moneyclaim but I'd like to be sure of my ground first!
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