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Business & Labor

A Growing Problem
Mold, water damage and accompanying litigation hamper building industry
(northwest.construction.com - September 2004 issue)

By Melody Finnemore

... mold won't grow on plaster. Drywall, which has a paper backing, is a perfect food source for mold."

Evans said particle board and similar insulation and sheathing are among the materials that provide a feast for mold.

"Mold also likes to grow on some of the new eco-type materials, such as bamboo or cork, because they are porous and retain water," she added.

Other factors in mold growth are incompatibility among building materials and the improper installation of products.

"In order to keep costs down, for example, the windows may be bid out and the flashing may not be compatible with the building's exterior," Evans said. "I have seen, in many cases, instances where the windows were installed backwards so the flashing is directing water into the walls instead of away from them."

Sometimes Mother Nature causes the problem.

"There are so many things that can go wrong during construction that can lead to these types of problems," Evans said. "Materials may be exposed to the elements and get wet along the way, from the end of manufacturing through transportation and delivery to the site. If they aren't allowed to dry out before they are used, that moisture gets trapped inside the building,"

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Hospitals are particularly vulnerable because a mold infection can cause serious problems for patients with lowered immune systems.

Lower Umpqua Hospital in Reedsport, Ore. spent $1.5 million to repair mold damage to a two-story, 15,000-sq.-ft. medical building.

"We removed the stucco and the dry rot was pretty extensive," Townsend said. "The damage was so extensive that it looked like there had been a fire even though there hadn't been. It doesn't take very long for the damage to occur. That building was only 5 or 6 years old."

To be sure, the financial impacts are widespread, particularly when it comes to litigation.

"Darien Loiselle, a construction litigator and shareholder at Portland's Schwabe Williamson & Wyatt, said he is seeing more and more mold cases.

"I've handled everything from small residential structures to large buildings and $10,000 claims to $10 million claims, so it's a problem that spans a broad spectrum," he said. "In Oregon we have a lot of condo developments, so it's going to continue to be an issue here. I do defense, and I think a lot of this is being cooked up because we have aggressive claims counselors out there who are involved in these cases."

Loiselle said, the cost of construction would continue to rise as more people sue because of mold and water damage. "It's going to be a big strain on everyone," he added. "If you buy a house, you're going to pay more because the contractor can't get insurance to cover mold and water damage. And the builder can't get subcontractors because they can't get coverage."

In fact, insurance coverage that once cost a contractor $10,000 or $15,000 now costs $150,000 or $200,000 and doesn't include coverage for mold or water damage, he added.

"There are a lot of architects, engineers and contractors who are out there bare," Loiselle said. "They've said, 'We'll build it for you, but we don't have insurance.'''

Efforts to improve the quality of construction practices and building materials will help ease the financial impacts, as will legislation that limits the litigation of such cases. However, those measures will solve only part of the problem.

"That still won't solve the insurance issue," Loiselle said. "We're going to be dealing with that for many years to come."


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