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Toxic Mold and Internal Pollution

Toxic Mold and Internal Pollution. Presented by: Joseph O. Collins, Jr. Sick Building Syndrome. A product of “tighter” buildings Contaminents Formaldehyde (foam insulation) Fumes (paint and adhesives) Asbestos Carbon Monoxide Bacteria (Legionnaire’s Disease) Mold.

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Toxic Mold and Internal Pollution

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  1. Toxic Mold and Internal Pollution Presented by: Joseph O. Collins, Jr.

  2. Sick Building Syndrome • A product of “tighter” buildings • Contaminents • Formaldehyde (foam insulation) • Fumes (paint and adhesives) • Asbestos • Carbon Monoxide • Bacteria (Legionnaire’s Disease) • Mold

  3. Sick Building Syndrome • Molds • Thousands of types • Most are harmless • Stachybotrys (black mold) • Penicillium

  4. Sick Building Syndrome • Symptoms • Headaches • Rashes • Respiratory ailments • Immune system compromise • Lung disease • Death(?)

  5. Case I – Remediation Responsibility • Remediation • Locate source and cause of mold contamination • Determine nature and extent of contamination • Remove contaminated materials • Eliminate and disinfect • Repair

  6. Responsibility – Causes of Moisture • Construction defects • Product defect (I.e., “Drivet”) • Design defects • Defective repairs • Plumbing leaks • Acts of God (floods, wind blown water) • Insurers (failure to timely recognize claim) • Property owner

  7. Owner’s Delimma • Delays in determining responsibility of others • Delays in acceptance of responsibility by others • Delays caused by inability of others to respond to responsibility • Delay exacerbates problems • Responsibilities of others becomes owner’s

  8. Case II – Owner Liability • Owner’s Liability for Failure to Repair • Time and moisture • Responsibility for moisture vs. responsibility for mold growth • Exculpatory provisions in leases – no help • Disclosure to Purchaser • Disclosure to Lessees • Knowing conduct

  9. Case III – Insurance • Property Insurance “All Risks” Coverage • Owner’s CGL Insurance • Builder’s CGL Insurance • Builder’s completed operations coverage

  10. “All Risk” Insurance • Water damage resulting from windstorm or hail • Water damage resulting from sprinkler leakage • Water damage resulting break or crack plumbing and appliance

  11. “All Risk” Coverage Issues • Was policy in force? • Plumbing and appliance leaks? • 14 day exclusion – “Continuous or repeated” • Failing design, workmanship, or construction

  12. Contractors’ CGL Coverage • Often excludes contractor’s own defective work – “business risk” • Pollution exclusions • New mold exclusion endorsements

  13. Contractors’ Completed Operations Insurance • Part of CGL Coverage • Similar to Products Liability Insurance • Generally pollution exclusion not applicable

  14. OSHA • Air Quality Investigations • OSHA jurisdiction over air quality • Building owners and employees

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