Carlton Fields construction and government contracts attorneys Joseph A. McManus, Jr. and Daniel Felsen were quoted in a Construction Dive article titled, “The Dotted Line: Legal Steps for Shutting Down a Dangerous Jobsite,” about conditions where construction work is too unsafe to continue.
In some situations, the threat stems from finding hazardous materials, such as asbestos and polychlorinated biphenyls.
McManus and Felsen state that in these instances, steps should be taken to stop work, and then assure the owner is aware of the conditions. After that, the onus is on the owner to rule if the material is indeed hazardous, and, if so, hire someone to handle removal or remediation and determine whether work can continue on other areas of the development.
Read the article.