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

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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 10 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.


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