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  Mold Liability and Management

 

  Legal Focused Topics 

Structural Failures and/or Collapses
Mold Liability and Management
Construction/Building Claims and Disputes
Bid Protests and Disputes
Construction Mediation
Construction Insurance Procurement and Negotiations
Contract Law
Property Law
Fair Housing Act
Eminent Domain
Landlord Tenant Law
Fair Housing Act
Covenants and Conditions

  Insurance Topics

Insurance Coverage and Disputes
Homeowner’s Insurance
Home Title Insurance

  General R/E Topics

Dual Agency
Real Estate Development
Real Estate Overview
Real Estate Transactions
Home Inspection
Real Estate Agent
Real Estate Broker
Zoning and Permits
Deed of Trust

  Finance Topics

Fannie Mae
Taxpayer Relief Act
Real Estate Investment
Real Estate Property Tax Planning and Appeal
Real Estate Finance
Fixed Rate Mortgages
Adjustable Rate Mortgage
Liens
Promissory Note
Refinancing
Foreclosures
Mortgage Broker
 

There are more than 100,000 known species of mold and there are at least 1,000 species found in the United States. Many are used in producing product ranging from pharmaceuticals to baked goods. Mold can be found among other places, on walls and under floors in buildings or homes where a great deal of moisture has built up due to a wide variety of conditions.

Mold liability and management is rapidly expanding in scope and size as consumers become more aware of toxic molds and how they impact overall indoor air quality and the health of families, individuals or businesses that have mold problems in their facilities.

In fact, Mold-related litigation is up 300% since 1999. Everyone who has anything to do with the construction process including builders, contractors, architects, and engineers may be a target in these costly lawsuits.

Categories of Claim

Mold claims can come under three distinct categories but all involve toxicity to an individual or group of individuals. Categories include: property damage, personal injury or insurance claims (sometimes arising out of claims of bad faith by the insured). Design professionals face malpractice claims that often arise from alleged failures to provide the proper standard of care while designing a facility or to properly inspect building and system components during construction.

Interior Design Factors

It must be assumed that water penetration will occur especially in the kitchen and bathroom in most homes or office building in some way. And, mold can also develop as a byproduct of humidity in enclosed areas. Thus the design architect must provide redundancies and second lines of defense against mold when they are mapping out the basic design features of a home or office building.

These enhanced design factors can include air conditioning and humidifying equipment of sufficient capacity, HVAC diffusers with easy serviceability, sufficient insulation wrap at air conditioning ducts, fire stopping and carpeting measures.

 
 

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