Definition of a Litigation Paralegal

Asbestos siding was used on hundreds of thousands of homes throughout the United States before asbestos building products were banned in the late 1970s. According to the Environmental Protection Agency and other experts, asbestos siding only becomes hazardous when it deteriorates or breaks and releases tiny asbestos fibers into the air. Because of that, special precautions must be taken when making repairs or renovations that may disturb or remove asbestos siding.

Function

Asbestos siding is made of asbestos cement, a mixture of Portland cement and asbestos fibers. It was used to cover the exterior of buildings to prevent rot, mildew and pest infestation. In addition, asbestos siding resists fire, which made buildings covered with asbestos shingles or asbestos siding sheets safer in the event of a fire.

Features

The addition of asbestos to the cement created a building that was lightweight, water-resistant, fire-resistant, termite-resistant, easy to clean and resistant to rot. Because the color was typically mixed into the asbestos cement when it was made, it never needed repainting, and because it was non-porous, it was very resistant to dirt. Asbestos siding tiles were manufactured with pre-drilled nail holes at the bottom so that the shingles could be easily nailed to the exterior of the house starting at the bottom and working up. This made it much easier to apply the siding to buildings. The ease of use made it very popular with the construction industry because it reduced the amount of time and labor it took to build a house.

History

Asbestos cement had been in use in the United States for some time before Ludwid Hatschek invented a machine that shaped the cement into sheets and pipes. The new process made it easy for manufacturers to create corrugated sheets of asbestos cement which were further refined into shingles. By the 1920s, the National Board of Fire Underwriters recommended that homeowners use asbestos siding and roofing instead of more flammable wood materials. The recommendation from a nationally known insurance board boosted sales and by the 1940s, there were hundreds of thousands of homes throughout the country that used asbestos siding.

In the late 1960s and early 1970s, the hazards of asbestos began to be reported upon in the public press. By 1979, the U.S. government had outlawed the use of asbestos in many building products, including asbestos cement siding shingles.

Significance

Asbestos dust has been identified as the only known cause of mesothelioma, a deadly cancer with no known cure. Asbestos siding in good repair does not present a health hazard to the residents of a building or the community. When a building is destroyed, however, or when it undergoes major renovations, asbestos siding can be damaged and release asbestos fibers into the air. To prevent this from happening, most city and state governments have strict regulations about demolition and repair of buildings that have asbestos siding and other asbestos products. If those regulations are not followed, the owner of the home can be fined. More importantly, if the proper procedures aren't followed when removing or repairing asbestos siding, the entire community may be at risk of asbestos exposure.

Identification

Asbestos siding was manufactured in a wide range of colors and patterns, but it does have some characteristics that will help you identify it. Asbestos siding shingles are usually 12 by 24 inches. They may have grooves or a wood grain pattern pressed into the cement, or they may be smooth. Each tile usually had two or three nail holes at the bottom of each shingle.

The other main type of asbestos siding came in 27 1/2-inch corrugated sheets of various lengths. These sheets were used the same way that corrugated metal sheeting was used. It can be recognized by the corrugation, but these sheets were seldom used in home construction.

Warning

Asbestos siding is not a health hazard unless it is deteriorating, or unless it is damaged in some way that creates dust laced with asbestos. When asbestos fibers are released into the air and breathed in, they can lodge in the lung linings and eventually may cause mesothelioma or other asbestos-related diseases.

Prevention/Solution

The best way to deal with asbestos siding on your home is with a combination of inspection and general maintenance. These are steps recommended by the Environmental Protection Agency and the National Park Service's Technical Preservation division.

Inspect the asbestos siding regularly to watch for damage.
Protect the asbestos cement tiles from damage with shrubs or bumpers.
Replace missing or damaged tiles with non-asbestos containing tiles.
Patch or repair slightly damaged tiles with epoxy or Portland cement.
Clean soiled tiles with mild detergent or with a diluted mixture of sodium citrate or oxalic acid and glycerin.
If asbestos siding must be removed, or if the building is to be demolished, it should be done by a professional following any local or state ordinances for handling and disposing of asbestos.

asbestos in plaster

Many people often ask the question, "Is there asbestos in plaster?", as this is a very real threat. You may have widely heard that asbestos is mixed into plaster and this leaves one slightly concerned about asbestos in plaster in our own homes. Asbestos is a toxic mineral, and prolonged asbestos exposure can lead to a lot of dangers. The embedding of asbestos in the body for a long period of time can lead to some serious diseases like asbestosis and mesothelioma. 

Asbestos is a mineral that has been in use for about two centuries now and its presence can be found in around three to five thousand different types of products. Many manufacturing industries have used asbestos as a component for their products, and many home appliances contain traces of this mineral as well. 

Every home has plaster in it, and till the 1980's asbestos in homes construction was the norm. This proved to be highly risky as it implied that an individual inhaled the asbestos for hours at a stretch, every single day of his life. In the long run this would prove to be very harmful for the human body. It was medically known that if, asbestos is inhaled or ingested in the body, it becomes embedded in the tissues. And since the mineral is toxic in nature, this was not a very pleasant observation. 

Inhalation of the needle like fibers of asbestos also results in the asbestos getting lined along the lungs, and the inflammation caused by these fibers lead to a lot of serious diseases for the individual. Hence, asbestos in plaster walls was met with a lot of disbelief and surprise, not to mention concern for the safety and well-being of the people living in a home. 

Properties and Uses of Asbestos 

Asbestos is quite a unique mineral, and its properties have made it possible to include asbestos in the manufacturing of many different kinds of products. Asbestos is highly resistant to high temperatures, extreme weather conditions and wear and tear. This was the primary reason why asbestos in plaster ceilings and walls was quite common. Asbestos can also be spun and woven into a variety of forms as the crystals of the mineral are very long, silky and flexible. 

The uses of asbestos have been equally varied, owing to its incredibly flexible properties. The ancient Greeks used asbestos by weaving it into oil lamp wicks, tablecloths and funeral shrouds. At the beginning of the Industrial Revolution it was used as an insulator for various engines, boilers and industrial pipes. 

Pretty soon asbestos in plaster became popular because it acted as a great insulator against sound and fire. A lot of office buildings, public buildings and schools made use of asbestos in plaster to make the walls and ceilings stronger and more resistant to extreme conditions of heat and to prevent sound from passing through. 

Recognizing of Risks 

As more and more people started learning about the asbestos health effects and its potential dangers, the use of asbestos in plaster became less and less common. The health risks involved with the mineral induced many people to turn their backs on the product's presence in many appliances, and since the 1980's the use of asbestos in plaster became incredibly diminished. Very few products using asbestos were manufactured as a result, and any products that did contain asbestos were subject to the Hazardous Products Act, which regulated and monitored the levels of asbestos in plaster and other products. Some products though, like brake linings and clutch facings, still use asbestos as they are unable to work properly with substitute. 

It is very difficult to simply look at a building now and ascertain if it contains asbestos in plaster. But as a rule of thumb, any building that was built before the 80's, will most certainly contain some traces of asbestos in them. This cannot be solved unless the building itself is demolished. For safety precautions though, one can find and seal off the areas in the walls and ceilings from where the asbestos dust could escape. Getting a contractor to do this job in your home is highly advisable.

Asbestos in drywall

Asbestos in drywall is the most significant issue to affect the real estate industry since asbestos. About a month ago, I began fielding calls from several regional lenders concerned about their exposure to Chinese drywall. These lenders, pinched by the broader market conditions - foreclosures and depressed real estate values - worry that Asbestos in drywall will be a hurdle as they try to clear their books of foreclosed homes.

The vast majority of the banks with whom I spoke are already experiencing Chinese sheetrock losses. Some described attempting to "unload" homes with Chinese sheetrock in order to clear their books. Others are seeing offers submitted well below asking price. The potential buyers are justifying their offer by the fact that the home may contain toxic drywall.

The first group, the banks who have unloaded these properties, are now concerned about their liability. Knowing that these homes were affected by Chinese drywall, or suspecting it at the very least, these banks are now concerned that they may be sued in the future.

The second group - banks who are collecting offers on their homes that are far below market value - are worried that the stigma, fear, and uncertainty surrounding Chinese sheetrock will inhibit their ability to sell the homes that they have foreclosed on.

Of course, some banks are concerned about both their liability and the effect that the toxic drywall stigma has on offer prices. All three groups have been excited to learn that there is a Asbestos in drywall testing protocol that is guaranteed and insurable. The insurance that can be obtained with a negative test for toxic drywall relinquishes the bank from liability and gives potential buyers the confidence to consider the home without the uncertainty and fear relating to Asbestos in drywall problems.

Although none of the banks with whom I have worked have decided to go as far as to have all of their homes tested, several are paying for the testing or reimbursing potential buyers for the testing. In order for this to happen, however, buyers must request that the home be tested as part of the offer. A typical home inspection does not fully address Asbestos in drywall problems and the offer should contain language and clauses that specifically request an insurable Chinese sheetrock testing protocol.

The preferred method for reimbursement - preferred by both buyers and sellers (banks) - is to pay for the inspection costs at closing. These fees are essentially added to the closing costs portion of closing. Then, a seller can reimburse a buyer through seller's closing costs contributions. This way, neither party must pay out of pocket. Some buyers have also been successful in asking their lender to fund the insurance policy that is obtainable with a negative test result. Similar to title insurance, the insurance premium can also be accounted for as closing costs.

These tests can typically be turned around within 10 days to meet the contingency requirements of most lenders. As soon as a ratified contract is obtained, the buyers should notify the company they have chosen to inspect the home for Asbestos in drywall so that adequate time is given to sample the home and analyze the samples.

asbestos siding

It was standard practice to use asbestos in homes that were built back in the 19th and 20th centuries and while most people realize the risk of asbestos inside their older homes, what they may not realize is that it was also commonly used in home siding as well. It wasn't until the 1980's when the experts started to suspect that home siding could also pose a serious health risk to home owners.

If you suspect your older home may have asbestos in the siding here are some suggestions to help you identify any problems.

The deed to your home can provide valuable information on when the home was built. If your home was built before 1978 there is a good chance that asbestos was part of the original building materials used to build your home. If the outside of your home still has the original siding you will need to check for damage, if no damage is present it is recommended to leave it in place until you can contact an expert or you run the risk of asbestos exposure.

You should inspect your siding for manufacture information printing, if there is a manufacture code it is unlikely that your siding contains asbestos. It wasn't until after 1980 when manufactures started coding their siding and asbestos was already removed from the manufacturing process. However if your siding has several layers of paint you will need to have a professional take a look at it to determine if the original paint to determine if it contains asbestos.

Siding that looks like roof shingles were common before 1980, and asbestos was often used in the manufacturing. Check the back of the siding for appearances of tar paper, or the front may have a sandy textured or grainy appearance which is an indicator of asbestos.

A lot of manufactures also produced a wood grain texture to simulate cedar. These shingles were usually about 12 to 24 inches and the bottom often had a wavy pattern, although it was just the most popular there were still other patterns produced.

After you have done your own inspection and determined that there is a possibility of asbestos or if you are unsure, you should consult a professional. Manufacturers used to make products from asbestos that actually resembled asbestos-free products which can be confusing to the armature eye.

There are several reputable labs that you can send a sample of your siding to, this is the best way to determine if asbestos is present. Even if you think your siding is ok you should have a sample tested if your home was built before 1980 to ensure your family's health and well-being. Asbestos exposure is the direct cause of mesothelioma cancer.