Legal Question in Business Law in Rhode Island
Property Damage
We are a Massachusetts Licensed Plumber who are contracted thru Sears to install home appliances. We installed a Dishwasher for a customer in RI, and the Dish Kit that we sold the customer had a faulty compression fitting that let go. Water was leaking into their basement for over an hour before they noticed it. They had 1 inch of water in the basement. They had a very old carpet. We extracted the water, and offered to replace the carpet, 3 ceiling tile and cedar flooring in a closet. The customer had Home Depot give them an estimate. The customer said the installer raised the concern that the tiles ub=nder the carpet may be asbestos. Now she wants us to pay for a professional to remove all the tiles. We have contacted several Carpet companies, and they say it is safer to carpet over the asbestos, and they do it all the time. Are we legally obligated to do this?
2 Answers from Attorneys
Re: Property Damage
I am not a RI attorney, and it is that law that would govern your obligation. However, unless the asbestos tiles were damaged in such a manner as to require removal, you would not be required to remove them. There are two ways to deal with asbestos, remove it or encapsulate it. If the carpet pading acts as an encapsulate under RI regs, there is absolutely no requirement that you pay for the replacement. It might be in the homeowners best interest to do so, but it would not be your obligation.
Again, I think you need to contact a RI attorney.
Good Luck. If you need a referral to a RI attorney, please feel free to contact me.
Re: Property Damage
Your question raises a number of issues which are impossible to address without knowing the specific facts surrounding your situation. Please feel free to contact my office for a free initial consult.;)
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