Dispute with builder

[Ernie]

I've run this story on a couple of other threads but I wonder if anyone would like to share their legal thoughts here. I have been told by one of our builder's workmen that they buried under very little topsoil an 'Everite' roof containing asbestos in our garden instead of taking it to a dechetterie. They were contracted to clear the site including this old roof.  The builder has conceded  to a third party on one occasion that he had buried some of the Everite and would remove it. He's now decided not to. Anyone want to have a go at saying what our legal position is, given that we want the stuff out, done in the safest possible way and at no cost to ourselves?

By the way, I did an experimental bore hole where the workman told me the asbestos was buried and I immediately found some, about fifteen cms down. In a part nearby, some of the Everite has come to the surface.

Ernie.

[Nick Trollope]

The disposal of asbestos is as regulated in France as it is everywhere else. I doubt if burying it in the owners garden is legal. So, report him to the Gendarmes (or threaten to, if he does not sort it). Also, if you paid him to dispose of it properly and he hasn't, then he is committing fraud - Gendarmeie again.

But, not all corrugated roofing panels contain asbestos - if yours don't (and only analysis will prove that) then it may be a different matter - only may, because, if he believes they don't contain asbestos, he will have to prove it, as you both have assumed that they do.

[Cassis]

Do you have it in writing in the contract for work that he would clear all debris?  Otherwise I'm not sure it will be easy to prove responsibility.

Phil

[P]

The normal procedure is:

'if you think it is asbestos then it is until proved otherwise'

Paul

 

[Ernie]

The survey before purchase stated that it was l'amiante. On the contract it said he would clear the site including the shed which had the asbestos roof.

[Unknown]

If that's what it said, then that's what should have been done.  If your contract stated you should pay X amount of euros and you didn't, I'm sure your builder would be the first to let you know.

[Ernie]

In fact, the builder was contracted to clear the site of asbestos. Issue one: did he do it? no. Issue two: what did he do with it? He buried it in our garden. At which point, the matter of what is or is not on our contract becomes irrelevant. He has committed an offence, and whether he was asked to dispose of the asbestos, was or was not paid for it are all irrelevances.

[Beryl]

So have you planned your next step? If so, what are you going to do?

Just being nosey [:D]

[Ernie]

I'm afraid I'll have to be mysterious about this for a little while until the matter is resolved. Message boards have ears, as Shakespeare wrote.

[Beryl]

I understand, but I hope you get it resolved to your satisfaction soon.

I'm not an expert so my opinion isn't worth a fig, but from what you have written here, it seems to me that the chap hasn't got a leg to stand on.

But you will come back and tell us how it went, won't you ? ( blimey, I sould like Cilla Black [:P])

[Lizfjr]

Yes, if you have it in writing it has to be done. There are lots of things you can do if he's not complying with what you agreed. I've got recent experience of dealing with this type of thing, so happy to take a PM if you like.

[Ernie]

This is old history but legal matters, like good wine, take a while to mature. I think things are just beginning to hot up right now. The local mayor gave me a choice of four routes to take: avocat, mediation with the local magistrates, using 'assurance juridique' (if we had it on our buildings insurance policy) or going straight to the Gendarmerie. I'll leave you to ponder which of those four routes you would take and tell you which one we took when the whole matter blows...