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Q:
I own a townhouse condo
with Spanish-style roof tiles. I had two holes in my
roof that were patched and 20 tiles that were reset.
I had a significant leak from the roof, which caused
the air conditioning unit inside the house to overflow,
thus creating mold (Stachybotrys and others) in the
roof, a/c and adjoining bathrooms.
The mold inspector stated that it was clearly evident
that the roof leak caused a cascade event. One of the
industrial hygienists from the insurance company also
noted roof damage.
The condo insurance company stated that 1) The roof
leak caused no damage and 2) I spread the mold because
I had one of the bathroom walls torn down. My opinion
is that it is unbelievable that the roof caused no damage
whatsoever.
I am trying to find an expert witness that can reassess
the damage from the roof and state that it was, indeed,
a cascading event. The inspector is giving a written
statement to this effect.
Do you know of anyone who may be able to help me?
A:
The term "cascading event" shows up
an awful lot when we talk about mold contamination.
This is probably because the presence of excess moisture
or live water is necessary to support mold's growth,
and because water doesn't just happen.
Based on the rather brief description
of the problems, it does appear that some leaks from
the roof may have started the problem. Without actually
being on-site however, it's difficult to say how or
why the roof leak caused the air conditioner to leak.
But your letter does cause me to consider several issues.
The presence of Stachybotrys mold
spores indicates a long-term water leak that most likely
affected drywall in the bathroom. This type of mold
doesn't grow overnight, and some indication of water
leaks or moisture damage should have appeared long before
the mold. That said, however, moisture in an attic area
and interstitial wall spaces can go unseen for months.
The condo insurance company stated
that the roof leak caused no damage. What they could
mean is that there's no discernable damage directly
below the area of the leak. What we occasionally see,
however, is that water will travel horizontally, sometimes
over a very long distance, before actually dripping
onto a lower surface. Water does leave streaks, though,
and evidence of the leaks should be clearly evident
on the rafters or ceiling joists.
They also said that you spread
the mold by tearing one of the walls down. I can't argue
with that. We often see cases where an unsuspecting
homeowner opens a wall cavity to inspect or remodel,
and winds up creating a mold hazard.
You certainly can spread mold
spores throughout a home by simply removing a mold-contaminated
wall panel. If this was done by a remodeling contractor,
he/she should have been aware of the hazard, and should
have been prepared to handle the consequences. If you
did this remodeling yourself, you carry the blame. Regardless
of that, the mold was there, and should not have been.
Someone - perhaps the condo insurance company - should
be held responsible.
Finally, your request for an "expert
witness" indicates that you plan to sue. If you're
suing to prove that this was a cascading event, as your
inspector says, why not use him as your expert witness?
Professional real estate inspectors have to be licensed
by the state in many jurisdictions. Perhaps Florida
is one of those areas. If it is, then the opinion of
your inspector is as good as any. That leaves it up
to the other side to provide an expert who has as much
experience or is as good at discussing the issue and
problems as your expert.
Whatever you choose to do, make
sure you document the process and make the repairs immediately.
You can sort out the minutiae later.
Travis West
is the president of Building Air Quality Inc., a Houston-based
indoor air quality consulting firm. He can be reached
at twest@baq1.com,
or toll-free at 866-367-1177.
QA
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If you have a question for a mold expert, please send it to Brett Lyon, senior editor of construction.com at brett_lyon@mcgraw-hill.com.
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