Legal & Technical Issues

How mold affects: –Real Estate –Building Operations –Contractors Basics Additional considerations

How Mold Affects Real Estate Transactions 50% of 2001 litigation 50% of 2001 litigation Attorneys and courts are attempting to make it an issue for home inspectors and realtors Attorneys and courts are attempting to make it an issue for home inspectors and realtors New buyer experiences symptoms New buyer experiences symptoms Home testing occurs/mold discovered Home testing occurs/mold discovered Doctor orders buyer to move out Doctor orders buyer to move out

How Mold Affects Real Estate Transactions –Testing expert says water problem was apparent and should have been disclosed –Buyer sues home inspector and realtor

Claims Are Based Upon The allegation that inspectors & realtors know or should have known about mold and its effects on property and disclosure should have been made to the buyer

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How Mold Is Effecting Facility Operations 20% of 2001 Litigation 20% of 2001 Litigation Attorneys and courts are attempting to make it an issue for employers & facility managers Attorneys and courts are attempting to make it an issue for employers & facility managers Employee experiences symptoms Employee experiences symptoms Investigations occurs/mold discovered Investigations occurs/mold discovered Employer responsible for employee health Employer responsible for employee health

How Mold Is Effecting Facility Operations –Employer sues building owner for failing to provide suitable space and lost production –Building owner pays to make repairs, clean building and settle lawsuit

How Mold Is Effecting Contractors 20% of 2001 Litigation 20% of 2001 Litigation Attorneys and courts are attempting to make it an issue for renovation and specialty contractors Attorneys and courts are attempting to make it an issue for renovation and specialty contractors Renovation/repair occurs Renovation/repair occurs Investigations occurs/mold discovered Investigations occurs/mold discovered

–Building owner sues contractor for contaminating structure –Contractor pays to make repairs, clean building and settle lawsuit How Mold Is Effecting Contractors

Statutory law Common law Contracts Insurance Bonding Legal & Insurance Basics

Statutory Law NYS regulations OSHA worker protection regulations Other regulations

Common Law Standards of the Industry State of the Art Tort & Negligence Vicarious Liability

Contracts Contract documents Public works projects Record-keeping

Insurance Workers’ compensation Liability coverage –Occurrence based –Claims Made Errors & omissions Product liability Other concerns

Payment Bonds Performance Bonds Issues Obtaining Bonding Bonding

Additional Considerations Will mold activities disturb other environmental contaminants? –Asbestos (e.g. ceilings, insulation, etc) –Lead based paint