Licensed removal operates under the Control of Asbestos Regulations 2012, with HSE licensing, notified plans of work and four-stage clearance. The contracts that sit over all of it are usually the main contractor's standard terms, issued on a take-it-or-leave-it basis, and signed because the job starts on Monday.
Those terms are where the money is lost. Five issues come up again and again.
01
Indemnities that exceed your insurance
Asbestos liability is frequently excluded or sub-limited in public liability cover. An unqualified indemnity in favour of the main contractor can commit you well beyond what your policy will actually answer for, and nobody notices until a claim.
02
Payment terms and the Construction Act
Asbestos removal from a structure is generally a construction operation, so Part II of the Housing Grants, Construction and Regeneration Act 1996 applies. Payment notices, pay less notices and the right to adjudicate are statutory, and non-compliant terms are replaced by the Scheme. Most contractors never use any of it.
03
Scope, surveys and variation
The survey understates what is there more often than not. If the contract does not give you a clear entitlement when additional material is found, the additional work becomes your cost rather than a variation.
04
Access, standing time and delay
Enclosures sit idle while another trade finishes. Without an express standing time provision and a mechanism for extension of time, the delay is absorbed by you and the programme is still held against you.
05
Clearance, retention and final account
Who holds the risk between completion of removal and the analyst's certificate of reanalysis, how retention is released, and what happens if clearance fails for reasons outside your control.
Before you sign
Send us the terms, not the dispute.
A review before signature costs a fraction of arguing about the same clause eighteen months later. Most reviews come back within three working days.
Enquire about contractor terms