Newest update on Mold....

In a new article, Christopher Boggs pointed out that 2,000 mold cases filings since 2003 has caused many of the insurance companies to go find ways to avoid coverage for injuries for mold claims. See his article in insurancejournal.com. Mr. Boyer: no question, you are absolutely right.

So contractors, have you talked to your insurance agent on how to deal with these issues?

Mold and

Kenneth Block of Brown Raysman recently indicated in his article for Lorman Education Services that builders and owners should be focusing on mold issues regarding their real estate and outlines a prevention program all should follow....

It is well intention and I agree...but are such steps truly being taken by most contractors to help their owners AFTER the building is completed? Would this necessarily save contractor money in litigation costs?

In the words of Bill O'Reilly to an "un-assembled" group of contractors, "What say you?"

More "mold" thoughts

By buddy, Sharon Kramer is constantly hunting for mold cases and her thoughts from the Zorn case:

"There are a couple of things I would like to see come out [in the blog]:

1. As I am primarily interested in the health, I would like it to be known if one walks early, the health damages are not great - therefore the liability for this is also not as great for the builder.

2. "This case is a landmark case for Idaho because the jury did award us dollars for diminished value of the home due to now having mold history. This is a 1st in Idaho." That's huge. Am a Realtor."

Well.............lets see how this plays out for the rest...........

More Mold case in Idaho

Just a few more facts for you............................. Family Says Toxic Mold Is In Their Home

Posted by Susan R.
Sunday, 21 July 2002 Written by: Elizabeth Homan Organization: Idaho's NewsChannel 7 A family buys their dream home in Idaho, but say they have left it behind to protect their health. Bloody noses, sinus infections, and even strep throat - The Zorn family says they have seen it all and toxic molds as well as mold allergies are to blame. Since June, the family's lived in an apartment rather than their new home after discovering the culprit. The Zorn family is not alone. One company that specializes in getting rid of mold has 15 of air filtration systems in homes throughout the Treasure Valley. They help suck out mold spores and dry out crawlspaces. Even though the filtration system is working, the swings out back stand still and the home sits quiet. The only life inside - two cats and what is in this crawlspace. Those black spots, Stacey Zorn says are mold. Stacey Zorn, homeowner: "We want people to be aware than mold does exist here in Boise and it is very devastating. If left untapped, it can wipe out a dream." Now, Zorn says his dream home is unlivable. He and his wife put on protective gear before ever going inside. Zorn thinks the problem started in the shower. Zorn: "What we know is a water leak, basically in the shower, that's what I discovered. When I went under the house, there was mold in the general vicinity of the leak." We did talk to the builder of this home who said that he'd never had a mold problem in any of his homes before. In fact, he says this home was inspected before move in. Chuck Miller, Building Contractors Association Mold Task Force: "I just want to emphasize that this builder did not do anything wrong. This builder built this home according to building codes." Chuck Miller also builds homes and says mold spores can be found everywhere. Some people are allergic and more susceptible. But toxic mold is not as common. All molds though will grow if you have the right conditions: water, food and warm temperatures. Miller: "If you have standing water in your crawlspace, it's probably a pretty good indicator that if you don't' already have mold, you have a serious potential." Other things to look for: condensation on the windows and a moldy smell. At the Zorn house, a mold clean-up specialist estimates it could take months and cost $50,000 to $80,000.
Last Updated (Sunday, 03 October 2004)

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Mold case

Read this "mold" case story....................

I know you hear a lot of Mold stories, so hears another one in Boise Idaho. In November of 2001 we saw a brand new home being build and decided to purchase and added many extra amenities. In March of 2002 we moved into our brand new dream home. Four days after living in the home we saw water coming out onto our concrete patio next to the master bathroom. My husband went into the crawl space to investigate and saw a small amount of mold growing. The builder was contact and a plumber was sent out.This was on a Friday. After an hour of deciding there wasn't a leak we turned on the shower and showed them water was spraying out and that mold was growing. They fixed the leak and left. On Monday a local company came to our home with a spray bottle and went into the crawl space. They came out and told me that the mold had spread clear across the entire crawl space and they needed to get more help. The builder was contacted and told us the mold was dead and no harm to us but he would clean it for a small amount of money if we signed a release waiver. Obviously we didn't sign anything and got an attorney. After living in the home for 2 months we became so ill we could think straight. From diagnosis from strep throat to mononucleosis, ear infections bronchitis, rashes, nose bleeds, ext, we moved out and left all our possession in the home and haven't been back since. We had to put down our 2 cats because no one would take 3 animals. We had to purchase everything from cloths to toothpaste to live. It's been 1 1/2 years since we have lost everything. The story goes on and one, If interested in doing an investigation into our home I would invite you to come and visits. Thank you for your time. Renee Zorn

http://72.14.203.104/search?q=cache:4Az_7x7hShkJ:www.idaho2020taskforce.org/finalreport/Comments_Jun13.doc+zorn+mold+idaho&hl=en&gl=us&ct=clnk&cd=2

Now read tomorrow's installment to determine how the court system handled this complaint!

Mold case

In a new case an owner's mold claim was apportioned against An insured contractor. The liability and defense costs among the insurers were allocated pro rata, calculated from the sale of the home until the date of remediation, not the date of notice. What does this mean to contractors? The insurers are on the hook until such time as the mess is cleaned up, to be shared equally among them; so if the situation gets worse after the time of the notification, TOUGH......the insurers will have to pay.

New mold decision

Despite a new article in the recent magazine of the Associated Builders and Contractors organization that mold claims are an epidemic, my friend, Teresa Martin at Lockton Insurance has advised of me yet another defense verdict on a mold lawsuit....I can not help but believe the number of defense verdicts FAR outweighs the number of verdicts recovered by plaintiffs! So is the problem blown out of proportion? Well, mold is NOT the next asbestos, but its prevalence leads me to conclude there is no end in sight on the number of cases that will be filed...after all, it is everywhere in our daily lives!

New Mold Lawsuit

On August 4 it was reported the parents of a former student at Hilton Head Elementary in Beaufort, South Carolina filed suit against the Beaufort County School District. Their 15 year old son is asking for the creation of a class action suit and for a "medical monitoring fund" to be set up. Why? The parents claim toxic mold and fungus is growing in the child's nasal cavity.

You sure the plaintiff's attorneys won't make mold the "asbestos" of the new millennium?

Doggy help for "toxic" mold?

An article in the Construction Executive (May 2005 at page 32) points to the use of dogs to "sniff" out mold. A company in Las Vegas, Mold Sniffers, uses a Jack Russell terrier for the task.

Hey, put your dogs to work...enough of chasing cats-get a real job!