We have commisioned a demoliton asbestos survey (ensuring the company where competent to do the survey) on a building soon to be knocked down. We are looking to appoint a demolition contractor on an all risk contract (contractor pays) with regards to any unforseen asbestos that is discovered during the works. Are there any legal implications in getting the contracator to sign up to an all risk contract?

And in addition; if found the asbestos is still yours so the 'producer pays' situation comes in and you cannot pass across this liability in a contract

You did not define which Bob you were addressing!!!:-) Unlike BY I hold a strict interpretation of the CAR dutyholder definitions - once the PC has taken control of the site he becomes the manager of all ACMs present (controller of premises via a contract). I know a number of PCs who have fallen foul of this when they failed to make proper inquiries re asbestos presence before taking possession of the site. You have, as you say, completed a Demolition Asbestos Survey and provided this to the contractor. At this point you would be at liberty to discuss the question of costing unknown works but please be aware that the cost of this approach may be out of proportion to any risk of materials being found. Without the survey there would be residual responsibilities on yourselves. It may thus be a breach simply to ask a contractor to tender to remove all ACMs found without supplying a demo. survey. Bob