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CONSTRUCTION ISSUES IN
ASBESTOS ABATEMENT PROJECTS

5th Annual Construction Law Conference

February 13 & 14, 1992

San Antonio, Texas

David J. White

Godwin, Carlton & Maxwell, P.C.
Dallas, Texas




Table of Contents

  1. INTRODUCTION
  2. THE MARKET AND THE NEED
  3. PLANNING THE PROJECT
    • Be an Informed Owner
    • Choosing the Consultant and its Compensation
    • Determining the Scope of Work and Its Duration and Timing
    • Determining the Type of Abatement Contract
    • Choosing the Contractor
    • Requisite Notification Should be Planned and Determined
  4. THE SPECIFICATIONS
    • The Importance of Careful Choice of the Consultant in Specifications and Their Application
    • Be Careful of Boilerplate Specifications
    • Common Issues and Problems in Specifications
  5. THE ABATEMENT CONTRACT
  6. LITIGATING AND SETTLING ABATEMENT CASES
  7. CONCLUSION

Abstract

The overriding concern for owners of buildings with asbestos containing materials is to deal with the problem in a safe and cost-effective manner that reasonably reduces hazard and liability and increases, or at least prevents deterioration in, the value of their building.

Becoming informed on the problem and the alternatives, planning the choices on consultants, contractors, and insurance and guaranteeing a clear scope of work and appropriate contract and specification language can achieve these goals.

Owners, building managers and others who may be forced to deal with asbestos containing materials at the very least also must become familiar with federal and state laws and regulations which have evolved and are continuing to evolve as we speak.

The asbestos abatement field is still in its infancy. Few can predict what future scientific evidence will dictate what state or federal regulation ultimately will require of building owners. Nevertheless, market forces ultimately may quicken the pace of abatement. So long as building owners will devote the time, money, personnel, and involvement to closely monitor the contractor and the consultant which is monitoring the contractor, trouble, liability, costs, and disruption from asbestos abatement can be minimized.


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