minimize the risk of mold claims nbi miami fl april 4 2006

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Minimize the Risk of Mold ClaimsApril 4, 2006

SEA, Ltd.SEA, Ltd.

7349 Worthington-Galena Rd.7349 Worthington-Galena Rd.

Columbus, Ohio 43085Columbus, Ohio 43085

Ron Thaman, MS, CSPRon Thaman, MS, CSP

800-782-6851800-782-6851

[email protected]@sealimited.com


Let’s Review the Fundamentals

• 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.

Handling of Mold & Mildew ClaimsHandling of Mold & Mildew Claims


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• Response is

everything• Hidden spaces• No health issues• MUST be complete in

the initial investigation• Dry appropriately

Mold Loss• Health issues need to

be addressed immediately

• Prevent spread of the contamination

• Litigation is a sure bet


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

Be At Fault?• Architect• 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

sampling of suspect and exemplar hard and soft goods.

• Data is returned in Colony Forming Units/square inch (CFU/in2)

0

0.5

1

1.5

2

2.5

3

3.5

4

CFU/in2

Polo Shirt from NewOrleans

Polo Shirt formColumbus Ohio

Polo Shirt Comparison


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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