Is Landlord or Contractor liable?

By jt

Landlord hired contractor to blow insulation in bldg. from exterior that resulted in insulation thru-out my apt.  My husband was in the process of remolding the bathroom with full knowledge and consent of landlord so part of drywall was off interior wall( landlord had prior seen drywall off) which is where insulation enter apt. Neither landlord or contractor viewed interior of apt. nor asked anything regarding progress of bathrrom remolding prior to starting this process. Landlord also stated to me morning of incident that contractor was not going to blow insulation in rear of bldg. beacause there was insulation already there. Neither my husband or myself thought of anything regarding bathroom. Two of contractors employees were there the day before the incident and had performed this process on front of two bldg. entrance walls. When we returned home late that evening we assumed (you know what they say about that word) job was complete due to the fact that landlord had not notified us of anything. We are currently staying in hotel, have had to get estimates for removal of the insulation in our apt. furnishings, clothing, etc. has to be cleaned, electronics have to be checked, and permanent damages have to be assessed. Landlord refuses to pay for clean-up and reimbursement to us for any expenses incurred, refuses to file calim with his insurance company ( I feel he does not have correct coverage ), and refuses to file claim with Contractors insurance company (if he even has insurance,) as his reputation thru-out community is reeking havoc at most jobs he performs). Landlords offer of remedy to this situation is he and his wife would take out bulk of debris themselves or we can help them do this, and we would be left with the removal of rest as well  as the cleaning of everything. Landlord wants us to use dustpan, and/or snow shovel to scoop bulk of debris then use wet vac with long hose attached to blow rest out the front door. As the professional companies have told us, the removal of this debris cannot and should not be removed by ourselves especially with a wetvac;, that it needs to be removed professional, not to mention the method the landlord purposes for clean-up is improper, unhealthy, not throural, and opens the door of it being illegal to blow this stuff in the atmosphere even if it is sellose. In order to protect myself in not having to move immediately if I file  suite against landlord at this time, does anyone out there know if I would be able to file against the Contractor? We live in La Porte, Iniana which I don’t believe has a tenant protection agency (at least no where that I can find, and believe me when I say, I have checked and asked everywhere I can think of. I am at my wits end and am left with having done all the leg work, finding and paying for a professional company to restore my apt. and furnishings, not mention the hotel expense for currently approx. 14 days, as well as dragging two dogs (Irish Setter & a Yorkie) everywhere I go.

jt

Edited on: Tuesday, January 4th, 2011 4:23 pm

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