Fourth lawsuit filed in asbestos exposure at Gateway Center

The discovery of asbestos at Albuquerque’s Gateway Center in 2023 has led to four lawsuits, with the latest filed this month by the city against a company hired to renovate the former hospital.

The new Dec. 12 lawsuit argues that the Albuquerque construction firm Consolidated Builders of New Mexico is required by contract to cover the city’s costs from three lawsuits filed earlier this year.

The lawsuits all were filed in February by workers who allege they were harmed by exposure to asbestos in building materials removed from the former Lovelace hospital.

The discovery of asbestos at the site temporarily halted demolition and construction work at the city’s new homeless shelter and services center.

Samia Apodaca, owner of Consolidated Builders, referred questions Friday to Albuquerque attorney Michael Menicucci, who did not immediately return a voice message seeking comment.

The city spent $15 million in 2021 to buy the 572,000-square-foot building at 5400 Gibson SE as a one-stop center for people who are homeless.

The three lawsuits, filed by a total of 25 former employees, allege that renovations at the future Gateway Women’s Center on the second floor were halted after ceiling fire-proofing material containing asbestos was knocked down.

The suits allege that both the city and Consolidated Builders failed to detect or respond properly to the presence of asbestos in building materials, which was then swept or shoveled into wheelbarrows and dumped into open-air bins.

The actions exposed workers at the Gibson Health Hub and the Cerro Colorado landfill to hazardous asbestos dust, according to the lawsuits. The exposure continued from April 2022 to March 2023, when the work was halted, the suits allege.

The lawsuits allege negligence by the city and Consolidated Builders and seek unspecified damages. All three suits remain pending in 2nd Judicial District Court.

Dan Mayfield, a spokesman for the city’s Department of Municipal Development, did not immediately respond Friday to an email message seeking comment.

In its Dec. 12 lawsuit, the city asks a judge to find that Consolidated Builders is obligated by contract to “hold harmless” the city against liability, damages or other expenses caused by injury to the company’s employees. Consolidated Builders has not filed a response to the suit.

In September 2023, the New Mexico Environment Department fined the city of Albuquerque $761,112 for exposing workers to asbestos particles at the Gateway Center. Consolidated Builders also was fined $331,475 by the agency.

Employees at Gateway Center were exposed to asbestos from April 11, 2022, to March 9, 2023, according to a report issued by NMED’s Occupational Health and Safety Bureau.

In April 2023, the city announced that asbestos had been successfully removed after a 4,000-square-foot area was sealed off. The first phases of the Gateway Center, including 50 beds for women, were completed by September 2023 at a cost of $7 million.