Clapper, Patti, Schweizer and Mason

The Montpelier School District in Vermont is suing Morrison-Clark, a flooring company, over claims they improperly removed floor tiles from the Main Street Middle School last summer. The School District claims workers were in violation of Vermont and federal asbestos control regulations, and could have a contaminated environment.

 

Asbestos was often used in construction products such as floor tiles due to its thermal insulating properties and fire resistance. Intact and undisturbed asbestos-containing materials do not generally pose a health risk. Asbestos products become hazardous when they are damaged, are disturbed such as in demolition or renovation, or deteriorate over time. In such instances, asbestos fibers can become airborne and inhaled or ingested. Decades after exposure, symptoms of asbestos related diseases such as mesothelioma and lung cancer begin to appear. 

 

Due to the carcinogenic risk of asbestos, state and federal regulations were created to protect the public against exposure. Regulations cover renovation and demolition activities, as well as asbestos removal, transport and disposal.

 

The Montpelier School District is charging the flooring company that removed floor tile last summer of not following state regulations, breach of contract, and fraud. The district claims the company led them to believe they were trained and informed about how to properly identify and remove asbestos containing products according to state regulations when in fact they were not. 

 

The District is suing Morrison-Clark for almost $90,000, the additional fees and costs incurred as a result of the improper construction work. The attorney for Morrison-Clark disputes any claims and contests that the flooring company did indeed follow regulations and no act of wrong-doing occurred.