Contractor disputes with-holding of funds in asbestos case -- MesoLink.org -- 02-04-05

A Thornwood heating contractor is disputing the with-holding of funds by Yorktown school district for the clean up of asbestos from several district schools. The contractors state that they are not responsible for the asbestos and that the $50,000 being withheld is being withheld unfairly.

The contractor in question, Diggins Mechanical Corp, was hired in 2003 to perform renovation work in four elementary schools in the district. The asbestos contamination started after a worker inadvertently drilled through a vinyl floor tile containing asbestos at one of the elementary school, Crompond Elementary. The contamination was cleaned up, and the worker was unharmed by the incident.

Since the company was not licensed for asbestos handling, a violation was issued by the state Department of Labor, and a fine of $1000 was issued. The owner and president of the contractor’s stated that the worker and the company cannot be held responsible because no mention was made when the work was taken on that the buildings contained asbestos. He stated that they should have done this under regulations set by the Environmental Protection Agency.

A Yorktown facilities director confirmed that no mention had been made of the asbestos to the contractor, but added that the contractor should have been responsible for picking up on this, and that the size and structure of the tiles should have indicated the possible presence of asbestos.

The contractor has demanded that the withheld funds be paid, along with legal costs associated with the dispute. However, Yorktown district officials have stated that they will not be paying any more money to the contractor, and so the dispute continues.