Mold in the Construction Industry
Mold spores exist nearly everywhere- in the air we breath, and on
virtually any surface. However, mold spores can't colonize and
reproduce unless they have oxygen, moisture and a food source.
Unfortunately, it is virtually impossible to eliminate oxygen and
moisture from a construction environment. In fact newer building
practices actually increase potential mold problems by decreasing
general ventilation of a building and making it more "air-tight"
(thereby trapping moisture and increasing the chances of mold
growth) Consequently, it is absolutely vital that new homes being built
are protected sufficiently from Mold.
Why Mold is a Problem
Health Effects : Mold effects human health in numerous ways
- Mold related allergies: Symptoms can include runny nose, itchy eyes, wheezing, and skin rashes.
- Allergic fungal sinusitis
- Infections
- Asthma
- Mold can irritate mucous membranes of the eyes and respiratory system.
- Volatile
compounds (VOCS) produced by mold are thought to cause headache,
attention deficit, and dizziness.
- Toxic molds are reported to cause nausea and diarrhea, depression, headaches, tremors, kidney problems, and infertility.
Financial Effects
Most builders and anyone related to the real estate industry
have heard of a party backing out of a real estate transaction because
of mold problems. According to a new poll conducted by Environmental
Assurance Group (EAG). respondents familiar with mold-related incidents
in commercial real estate transactions said it takes an average of $11
million to remediate.
Real Estate Weekly, Novemeber 17, 2004
Lack of Insurance
"A growing inability to find mold insurance for commercial
construction has contractors, building owners, architects and engineers
looking for ways to protect themselves against potential litigation."
Business First of Columbus, June 18, 2004
It has become standard industry practice for insurance companies to exclude mold coverage in casualty insurance policies.
Potential Litigation
As many as 10,000 toxic-mold cases are now pending nationwide
in the Courts. Plaintffs' lawyers generally are trying to convince
Courts and juries that their clients' medical problems are linked to
their mold exposure. The results include a $32 million verdict in Texas
and a $22 million Settlement in California.
Whatever the outcome in these cases a unifying theme seems to be
that juries seem to be sympathetic to claimants where the injury
appears severe and the defendant landlord, contractor, etcetera either
acted indifferently to the claimant's pleas and/or performed remedial
work in a negligent fashion. Even when the science may be in doubt,
juries may be making up for such doubt by penalizing the defendant who
does not show proper concern or take adequate measures to correct the
problem.
Preventing a mold claim before it starts is a sound business practice.
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