Category: Construction Defects Law

Construction Defects Law: Mold Damages

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Construction Defects Law: Mold Damages

When the Walls Breathe Spores: How a Construction Defect Attorney Tackles Mold Cases
Mold growth in your home can be a frightening discovery. Beyond the unsightly appearance, it can pose serious health risks for your family. If you suspect mold growth stems from moisture issues caused by construction defects, a construction defect attorney can be your ally in securing remediation and holding the responsible parties accountable.

Building Your Case: Identifying the Source

The first step for your attorney involves pinpointing the source of the moisture that fueled the mold growth. This investigation may include:

Mold Inspection: Hiring a qualified mold inspector to assess the extent of the mold infestation, identify the specific mold species, and take samples for lab testing to determine any potential health risks.
Building Assessment: Engaging a building inspector or engineer to identify the construction defects that led to the moisture intrusion. This could be faulty roofing, improper drainage, foundation cracks, or inadequate ventilation.
Reviewing Building Records: Obtaining and reviewing the original building plans and permits to ensure construction adhered to proper building codes regarding moisture control and ventilation.
Establishing Causation: The Defect-Mold Link

Once the source of moisture is identified, your attorney will work to establish a clear link between the construction defect and the mold growth. This often involves providing evidence that:

The construction defect existed prior to the discovery of mold.
The defect caused water intrusion or excessive moisture within the home.
The moisture created a suitable environment for mold growth.
Negotiation or Litigation: Seeking a Resolution

With a strong case built, your attorney will explore your options. Negotiation with the builder or developer is often a preferred approach. They will present evidence of the construction defect, the resulting mold infestation, and the associated health risks. This can include:

Remediation Costs: The estimated cost of professional mold remediation, including removal of mold-infected materials and decontamination of the affected areas.
Medical Expenses: If you or your family members have incurred medical expenses due to mold-related health problems, these can be included in the negotiation.
Loss of Use: Compensation for any period during which your home was uninhabitable due to mold remediation.
If negotiations fail, your attorney will be prepared to file a lawsuit. This process follows the standard legal framework of:

Filing a Complaint: A formal document outlining the construction defect, the resulting mold infestation, and your legal claims against the responsible party.
Discovery: Both sides exchange information and potentially interview witnesses with knowledge of the construction process or the history of moisture issues in your home.
Trial: If a settlement cannot be reached, your attorney will represent you in court, presenting evidence and arguments to convince the judge or jury that the defect caused the mold and that you deserve compensation.
Beyond Compensation: Ensuring Safety

While compensation is crucial, a successful case can also ensure the responsible party addresses the underlying construction defect to prevent future mold growth and protect the health of your family and future residents. Your attorney can work to ensure the repairs address the root cause of the moisture issue and include proper mold remediation protocols.

Taking Action for a Healthy Home

Mold growth caused by construction defects is a serious concern. A construction defect attorney can be a powerful advocate in securing professional remediation, holding the responsible party accountable, and ensuring your home is safe and healthy for your family. Don’t hesitate to seek legal counsel if you suspect construction defects are behind the mold in your home. Your health and well-being may depend on it.

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