<< Back Mold Information for Builders Forticel: "Another layer of protection between the cause and effect of mold" Water Leaks When water leaks, accusations fly and the builder is often the target. Water leaks come in all shapes and sizes. Roof damage and rising water after a storm, leaking pipes, improperly installed windows or doors. Home's that are situated or build on an improperly graded build site and the list goes on and on. The only common denominator is the builder. Moisture in Building Materials Moisture in building materials can destroy structural integrity and nurture mold and insect infestations. Mold is a growing concern for insurers, lenders, investors and building owner because of the growing number of claims. In mold remediation, first is to identify the locations and remove all sources of moisture infiltration. Better Building Practices and Prevention In relation to mold, a new concept in the building industry is prevention. Better building practices and products help keep moisture from being an issue. During the life span of a building the possibility of never having a moisture intrusion problem is slim to none especially here on the Gulf Coast. What we love about living here is the water, whether it is fresh or salt only makes a difference if you are fishing! They both can cause thousands of dollars of damage to your buildings. Minimize Health Hazards As public perception of mold as a health hazard has grown over the last decade, so have the efforts by the industry to minimize the possibility of its growth during the construction process and to create operating systems that mediate against its development in a building. Insurance Risks due to Inaction Given that insurance companies intend to pursue subrogation in mold claims, the facility manager who fails to recognize and act upon water penetration situations may well be held liable for damages and well as the contractor who built the structure. Current building moisture surveys performed using moisture-detecting equipment such as a moisture meter are slow and prohibit surveying of hard to reach locations and are costly. Insurance Coverage Cutbacks Insurers increasingly are cutting back on construction defect coverage offered under contractors' liability insurance policies, excluding items that routinely were included in standard umbrella policies as recently as five years ago. The cuts in construction defect coverage have become more profound in recent years as defect litigation exploded and plaintiffs' attorneys began mining new areas, such as mold. Insurers now generally exclude it from new policies. Insurance Claim or Natural Causes? The insurance industry's retreat from mold coverage has come in the face of steadily increasing amount of mold related claims across the country. Many relate the rash of mold related claims to that of the asbestos of the 1980's. Mold is much more complex that asbestos. Mother Nature is the maker of mold and you cannot sue her. Hence there are no deep manufacture pockets to go after in a mold claim. It is often difficult to find fault and to pinpoint cause in a mold claim. Builders Can Be Sued If builders are not sensitive to mold concerns then they are adding to the homeowners own fears. Plaintiffs often win cases with the argument that mold growth was exacerbated by the builder's action, NOT proof that the mold made them sick. Benefits of Mold Prevention with Forticel Pretreatment In short a builder that has installed a mold prevention program, has added value to the building that he builds by: Reducing man-hours spent on pin pointing areas that need repair. Preventing future call backs for mold related problems. Offering a warranty on a product that is installed in the home. Being in compliance with future mold treatment laws. Offering a higher resale value for the home. Preventing health related problems to the home's occupants. An Ounce of Prevention As with most things in life it is much easier and less costly to prevent something from being a problem, rather than fixing it at a later date. When a homeowner can come back to you for 15 years for any construction defects that leave's you, the builder on the legal liability line. And with the new "mold exclusion laws" now in effect, you have no protection from your liability insurance. A Course of Prevention As a builder a course of prevention measure would: Prevent moisture accumulation Consult envelope engineer on geometrically complex buildings for water tightness Document any recommended changes to Architect of Record If recommendation is rejected copy to owner and your file Don't just shrug and build it Prequalify potential subs that they have expertise in specific application Consult manufactures of moisture critical products i.e. fitness for intended service, confirm products proper application and provide preferred installers Proper sequencing of work keeps interior materials away from exterior conditions and inspect materials at delivery. Legislation Concerning Toxic Mold Levels Following California's lead, Congress has indicated plans to introduce legislation to require EPA to set national guidelines for what levels of toxic mold (stachybotrys spp.) Constitutes a "health risk." Even One Claim Can Be Costly As for the legal ramifications to a mold related claim, they are many and they are costly. For many builders you may not be in business after the first claim. If you have been a successful builder for many years it is unfortunate that ONE mold claim can put you out of business. Florida Legal Battles There is no Florida legislation at this time, therefore no protection for anyone on either side of the legal battle field. Three bills introduced in 2003 and none were passed. Senate Report 2004-158(Dec. 2003) recommended regulation for mold assessors and remediators. This is still being worked out among the industries leaders. Bills introduced during 2004 session in Senate and House- did not pass. Who Gets Sued? Who do the plaintiffs sue? Insurance companies property and liability Property owner, manager, maintenance companies Architects, engineers, developers, contractors General Plumbing Roofing Drywall HVAC Product manufactures, distributors and supplies (construction materials) Consultants performing test, remediation contractors, cleaning contractors (for professional liability claims) Prevention the Surest Course of Action In short no one is safe!! Prevention is the surest course of action for all involved in any building project. Relief is sought for damage to real and personal property. Cost of restoration vs. diminution on value. And of course personal illness. Some jurisdictions allow recovery for the future cost of monitoring for certain diseases due to certain toxic exposures. In medical monitoring claims, Plaintiffs argue that due to their exposure, there is an enhanced risk of developing a particular disease. Thus far, medical monitoring claims have not been at the forefront of mold litigation. Reasons for Mold Growth Reasons for mold growth in new construction is primarily moisture accumulation from design flaws, construction flaws, leaky roof, vapor barrier installed incorrectly or installation of wet materials. Pipe leaks or water overflows that are not allowed to dry properly. New construction seems particularly susceptible due to tight moisture barrier construction. This allows no moisture for the outside to penetrate into the building also it will not allow the moisture from new construction materials to evaporate out of the building nor will it allow the moisture created inside during the use of the structure to evaporate. Risk Management Risk Management in the handling of mold scenarios may be a must for future building practices here on the Gulf Coast. A builder must take complaints seriously, for new construction, make sure mold is considered in design and construction. Consider developing an indoor air O&M plan. Communicate openly, honestly and credibly with all involved. Taking responsibility and resolving the problem does not require admission of liability. However, it may require analysis of duty, is the landlord or homeowner responsible? As with any crisis management address the situation rapidly to prevent "vulnerabilities" erupting into crises. You Cannot Control Mold, But You Can Control Moisture The use of moisture and the need for mold resistant building products is on the rise. New products are introduced each year. They cannot completely eliminate the risk of a mold problem even if widely accepted. Wood and drywall are not likely to go away any time soon. You cannot control mold, you can control moisture. The Gulf Coast Mold Prevention Solution Pretreatment with Forticel Contact us for more info << Back