If a paving company uses a banned product, who is responsible for the cost of clean-up and repair?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a paving company uses a banned product, who is responsible for the cost of clean-up and repair?

I own a business in DC. I had the parking lot seal-coated 2 years ago. DC is now telling me that product was banned before I had it done, which is true. It is going to be a major expense to correct this problem. Can I go after the licensed company who put it down. Of course I had know way of knowing it was banned, but they should have. Will I be responsible for any of the cost to correct the situation if I go after them? I would think not? I have all the documentation proving they did the work, in fact they admit.

Asked on June 2, 2011 under General Practice, District of Columbia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First, if property you own or are otherwise responsible for has violated some health, safety, building code or used a banned product, the city can require you to correct the situation; so yes, you may be responsible.

Second, however, you may well have a cause of action in turn against the contractor or other person who installed it, for the reason you state--their negligence, in using a banned product, has caused you economic losses. You could recover, potentially, for the repaving, etc. expense and potentially for other provable losses, like loss of business. You should speak with an attorney about this situation, to confirm your exact rights and recourse. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption