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Asbestos Notification Obligation Not Triggered Differing Site Conditions; Notice

Thursday, October 02, 2003 05:37 pm

 
Asbestos Notification Obligation Not Triggered Differing Site Conditions; Notice

A Minnesota court has ruled that a contractor had no basis to reasonably believe asbestos was present at the site. The contractor did not breach the notice requirement of the AIA contract documents.

The St. Paul Port Authority purchased an old foundry site for redevelopment into an industrial park. In the process of demolishing buildings, asbestos insulation was removed. After demolition, the Port Authority hired an independent testing company to assess the site. No asbestos was detected. The Minnesota Pollution Control Agency (MPCA) authorized construction on the site. The Port Authority then sold the property to [...]

 
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