The Power of the Indemnity Clause: City Says It’s Not Liable
Albuquerque, New Mexico, is the defendant in three lawsuits concerning unsafe asbestos abatement at the city’s Gibson Health Hub. They state the contractor doing the work, Consolidated Builders of New Mexico, LLC, is contractually obligated to pay for any claims against them. The city is asking a judge to state they’re not legally responsible for the claims.
Abatement Project Allegedly Endangered Construction and City Workers
KRQE reports that problems with asbestos abatement in the 70-year-old building were exposed last year. The contractor is accused of the following:
- Avoiding building material inspections while asbestos-containing materials were ripped out
- Cleaned up and disposed of these materials without workers using proper protective equipment
Since February, the city has been sued three times by workers who stated they were exposed to asbestos and retaliated against for cooperating with state workplace safety investigators.
One lawsuit accused the city government of intentionally and negligently exposing hundreds, if not thousands, of people to asbestos. The city allegedly:
- Didn’t test the area for asbestos
- Ignored state agency orders to stop the abatement work until the area was tested
- Forced employees to work in hazardous conditions without proper protective gear
- Disposed of asbestos-contaminated materials improperly
Albuquerque States Contractor is Responsible for Paying Damages
The city claims their contract with Consolidated Builders of New Mexico indemnifies them from any claim (they agreed to accept any city liability due to their negligence when working on the project). Albuquerque government states it tried to discuss the matter with the company, but they haven’t responded.
The city seeks a legal order stating that it is not liable for what happened when the company worked on the project and that it should pay the city’s related legal fees.
Need Help With A Lawsuit?
If you have an asbestos-related disease, Satterley & Kelley, PLLC, may help you obtain fair compensation for what you’ve endured. Call us toll-free at 855-385-9532, or contact us online today to schedule a free consultation with one of our attorneys.