Construction Company Pleads No Contest in Salinas Asbestos Case

January 10, 2007 - Nova Partners, Inc., the company that was responsible for overseeing renovations to the north wing of the Salinas County Courthouse, has pleading no contest to two misdemeanor counts concerning the improper handling of asbestos.

The Monterey County Herald reports that the plea was filed on the day on which jury selection was to begin for the trial, which involved three felony charges and three misdemeanors alleging the company “endangered the lives of the public and employees working in the building.”

This no contest plea will bring the case to a close.  Under the agreement, Nova will pay $193,394 to cover the costs of investigation, but will pay no fines at this time. The company will be required to develop new training programs for its employees, enlist new protocols for conducting work on buildings containing hazardous materials, and follow all laws regarding handling of such materials, including asbestos.

The state attorney general noted that if the company meets the terms of the agreement over a 30-month period, it will be allowed to withdraw its pleas and the charges will be dismissed. If it fails to comply, it faces a maximum fine of $200,000 when it is sentenced on July 13, 2009.

Nova still faces a civil suit filed by a Monterey County judge and two courthouse workers, alleging they were subjected to inhalation of asbestos fibers due to Nova’s shoddy workmanship. 

Some believe Nova got off too easy.  Others disagree.  Monterey County Board of Supervisors Chairman Jerry Smith believes Nova’s mistakes were accidental.  He thinks Nova is a “can-do company that has been diligent in cutting costs for the county and finding ‘ways to enhance the schedule.’” The supervisor also noted the county had conducted its own investigation of the incident and decided that mistakes in handling asbestos were inadvertent.