brian45011
Active Member
Am I missing some arcane detail of asbestos remediation contract law which says that contractors can do work without authorization and bill for it? Because I haven't seen that in my review of general environmental remediation law.
I have not reviewed American Integrated Services' (AIS) petition, but quantum meruit is an equitable remedy which affords reimbursement for work performed. The prevailing party's recovery of attorneys' fees is generally easier in an action arising in contract rather than tort.
Did you review the Asbestos NESHAP? Possibly relevant excerpts include:
§61.145 Standard for demolition and renovation.
(a) Applicability. To determine which requirements of paragraphs (a), (b), and (c) of this section apply to the owner or operator of a demolition or renovation activity and prior to the commencement of the demolition or renovation, thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, including Category I and Category II nonfriable ACM. The requirements of paragraphs (b) and (c) of this section apply to each owner or operator of a demolition or renovation activity, including the removal of RACM as follows: ...
(4) In a facility being renovated, including any individual nonscheduled renovation operation, all the requirements of paragraphs (b) and (c) of this section apply if the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed is
(i) At least 80 linear meters (260 linear feet) on pipes or at least 15 square meters (160 square feet) on other facility components, or
(ii) At least 1 cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously.
(iii) To determine whether paragraph (a)(4) of this section applies to planned renovation operations involving individual nonscheduled operations, predict the combined additive amount of RACM to be removed or stripped during a calendar year of January 1 through December 31.
(iv) To determine whether paragraph (a)(4) of this section applies to emergency renovation operations, estimate the combined amount of RACM to be removed or stripped as a result of the sudden, unexpected event that necessitated the renovation."
eCFR — Code of Federal Regulations
AIS' remediation professionals probably understand what is required better than Tesla's contract administration personnel. Again, this is not the kind of dispute that should deteriorate into a lawsuit, especially for a company that has labor disputes with its hourly personnel in the same workplace environment where the remediation was performed.(a) Applicability. To determine which requirements of paragraphs (a), (b), and (c) of this section apply to the owner or operator of a demolition or renovation activity and prior to the commencement of the demolition or renovation, thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, including Category I and Category II nonfriable ACM. The requirements of paragraphs (b) and (c) of this section apply to each owner or operator of a demolition or renovation activity, including the removal of RACM as follows: ...
(4) In a facility being renovated, including any individual nonscheduled renovation operation, all the requirements of paragraphs (b) and (c) of this section apply if the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed is
(i) At least 80 linear meters (260 linear feet) on pipes or at least 15 square meters (160 square feet) on other facility components, or
(ii) At least 1 cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously.
(iii) To determine whether paragraph (a)(4) of this section applies to planned renovation operations involving individual nonscheduled operations, predict the combined additive amount of RACM to be removed or stripped during a calendar year of January 1 through December 31.
(iv) To determine whether paragraph (a)(4) of this section applies to emergency renovation operations, estimate the combined amount of RACM to be removed or stripped as a result of the sudden, unexpected event that necessitated the renovation."
eCFR — Code of Federal Regulations