Minimize The Risk Of Mold Claims Nbi Miami Fl April 4 2006

Minimize the Risk of Mold Claims
April 4, 2006

SEA, Ltd.
7349 Worthington-Galena Rd.
Columbus, Ohio 43085
Ron Thaman, MS, CSP
800-782-6851
rthaman@sealimited.com

Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa

Let’s Review the Fundamentals
Handling of Mold & Mildew Claims

• Must act quickly to
determine extent of
damage.
• Mold growth starts
immediately and is visible
in 24-48 hours.
• Need to engage services
of industrial hygiene firm
and then a remediation
company to stop damage.


What Signs Warn of Necessity
for Calling an Industrial
Hygienist and/or Civil Engineer?
• Water intrusion problem has existed
for over a week.
• Mold growth is already taking
place.
• Large quantities of water are
involved (greater than 5 gallons).
• School, hospital, or office building.


CONSTRUCTION!
• Fact of life that
modern construction
practices favor mold
growth at the job site.
• Storage of building
materials outside in
the elements.
• General Contractor is
responsible for order
of subs.


Construction Practices
• Lumber is not protected
from elements on job site.
• Building not always
weather tight before mold-
susceptible elements are
installed.
• Trades not caring about
other trades work in
progress


Construction Practices (cont’d)
• Selection of building
materials .
• New technology may
help.
• Vinyl wall coverings
for hotels and condos?
• Mold resistant
wallboard.


General Contractor Responsibilities
• Should be concerned about
rain/snow effects on
cellulose-based building
components.
• Don’t schedule the drywall
installation before roof is on
and building weather tight.
• Be aware of leaks in building
envelope.


Real Life Scenario
• Firewall between two adjacent
tenants.
• Usually sheetrock (2) is
inserted in a track and then
mud applied (may cover
multiple stories)
• Roof completion followed fire
wall installation – mold growth
on sandwiched sheetrock.


Real Life Scenario (cont’d)
• When mold developed, sheetrock had been
mudded and rooms formed.
• Since the building was for 1 million +
condos; an extensive mold remediation was
prepared and the project was set back
several months due to poor planning by the
GC.


Property Management
• Reporting of water
intrusions to maintenance
from tenants is crucial.
• Maintenance needs to
understand the problems of
water intrusions and how to
correctly mediate them.


Routine Moisture Measurements
Can Save $$$
• Maintenance
personnel can do
routine moisture
measurements to
quickly identify and
start early remedy
before many
thousands of dollars
are expended.


Real Life Scenario
• Country Club had water
intrusion in subterranean floor
where golf pros change and store
clubs. Heavy rain responsible
and drain at top of ramp clogged.
• Country Club called a contractor
that did cleaning for them. The
cleaning contractor accepted job
and proceeded to wet vac, etc.


Real Life Scenario (cont’d)
• The rug “cleaning”
company should never
have accepted the job.
• Rug cleaning company
was interested in getting
into the remediation field.
• Remediation delayed due
to inability of rug cleaning
company to properly
remediate.


Pictures From The Field


Are Tenants Setting You Up
for a Large Loss?
• Carefree attitude.
• It’s not “my” building.
• We will call property owner
tomorrow.
• Makeshift temporary repairs.


Maintaining Buildings


Differences Between Water
Intrusions & Mold Losses
• Whenever water enters
a business or
residence, it is called a
“water intrusion”. Just
because there is water,
does not mean that
there is mold. It takes
time for the mold to
grow.


Water Intrusion v. Mold Loss
Water Loss Mold Loss
• Response is • Health issues need to
everything be addressed
• Hidden spaces immediately
• No health issues • Prevent spread of the
• MUST be complete in contamination
the initial investigation • Litigation is a sure bet
• Dry appropriately


Due Diligence Investigations
• Cause of most water intrusions are
determined by Civil Engineers. Did the
faulty windows leak and cause water
damage? Did the 20 year-old roof leak and
cause damage to the computer floor of the
business? Is the slope wrong at the site
causing water to drain inside?


Due Diligence Investigations
• Health related issues surrounding a “mold
problem” are ALWAYS investigated by a
qualified health and safety professional.
Anytime there are questions regarding
allergic reactions or headaches from the
suspect building, ALWAYS employ an
industrial hygienist.


How Can I Recover All Those Lost
Dollars? Subrogation! Who May
• Architect
Be At Fault?
• Builder
• Carpenters
• Engineers
• General Contractor
• Subcontractors
• Finishers
• Industrial Hygienists
• Rug Cleaners
• Remediation Contractor


Contents Evaluations
(Hard Goods v. Soft Goods)
• Rarely is there any
damage to hard goods
(glass, ceramics, metal
and wood furniture.
• Soft goods can be
damaged IF left in
high moisture
conditions.


Condition of Contents: Proving
Beyond a Reasonable Doubt
• Must sample suspect goods
(hard & soft) at loss site in
strict adherence to chain of
custody. A industrial
hygienist with content
evaluation experience is
highly recommended. All
environmental conditions
MUST be obtained at time
of sampling.


Procurement of Exemplar
Merchandise a MUST
• Obtain identical or
near identical
merchandise from
same store chain in
another State.
• Store suspect &
exemplar merchandise
in SEPARATE sealed
containers.


Proving The Case (Merchandise
is damaged or not)
The scientific approach:
• Surface swab Polo Shirt Comparison

sampling of suspect 4
and exemplar hard and 3
3.5

soft goods. 2.5
CFU/in2 2

• Data is returned in 1.5
1

Colony Forming
0.5
0
Polo Shirt from New Polo Shirt form
Units/square inch Orleans Columbus Ohio

(CFU/in2)


Proving The Case (Cont’d)
• Multiple samples of
suspect and exemplar
merchandise are
helpful in proving
statistically that
merchandise is either
compromised or not
from the water
intrusion.


Odor Panel Evaluation (ASTM)
• Double blind evaluations.
• Human olfactory system is
employed in scientific
study that can stand the
test of Daubert.
• Odor panel evaluate both
suspect and exemplar in
controlled lab
environment. Intensity of
odor and type of odor is
obtained.


Three Strikes Your Out!
• Mold -
• Asbestos
• Lead
Experts hired to do any
of above referenced
inspections may need
to be certified for each
discipline. Different
states require different
certs.

Minimize The Risk Of Mold Claims Nbi Miami Fl April 4 2006

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Minimize The Risk Of Mold Claims Nbi Miami Fl April 4 2006