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Windows & Doors
Leaking and defective windows or doors are frequently the first defects a homeowner notices. Symptoms include stuck or fogged windows, water leaks around or through the sliding door window, and drywall or stucco cracks around a window or door. Water intrusion also permits growth of molds and fungi, causing unhealthful living conditions and interior air quality. Defect issues related to windows and doors include:
- Windows leak at corners
- Improperly lapped waterproof paper flashing
- Missing sheet metal head flashing
- Failure to properly install flashing at heads, jambs and sills
- Missing or improperly installed sisalkraft
- Improper lapping of building paper
- Use of non-galvanized lath
- Tears in waterproofing paper from overdriven staples
- Inadequate stucco thickness
Mold Growth May Be a Potentially Serious Health Hazard
What are molds and what do they do?
Molds are microscopic fungi. At the present time scientists have no accurate assessment as to how many different species exist. However, it is known that well over 100,000 molds presently exist, with more being discovered almost daily. The most common species of molds found in homes include Cladosporium, Penicillium, Aspergillus, Alternaria and Stachybotrys. Of these, the particular species Stachybotrys chartarum, Aspergillus versicolor and Aspergillus niger (less commonly found) are of great concern in an indoor-air environment.
Where does mold grow?
Molds need moisture, food and correct temperature conditions to grow. Inside homes, molds live on both plant and animal matter, and are frequently found on drywall, wood studs, wallpaper glue, and carpet backing. Other locations are attics, the "furred" spaces between the exterior and interior walls, closets, ceiling spaces, cabinets in kitchens and bathrooms. Gypsum board is a perfect medium to support mold growth. Flooding and plumbing breaks are a common cause of sudden mold infestations.
Molds are found everywhere, but when active colonies of molds grow inside homes, remedial action should be taken. Mold growth can be hidden. Leaking roofs, windows or defective plumbing can fill the wall cavities with thriving mold colonies from which gasses and submicroscopic spores leak out into the home. A homeowner may only see telltale signs, smell a musty odor, or worse yet, suffer adverse health affects.
What causes mold to grow?
Moisture intrusion, the leading cause of indoor mold growth, is the one element that is under the control of the homeowner or property manager. Elevated humidity, such as dampness caused by water leaks or excessive condensation, sustains mold growth, and continued moisture intrusion fosters mold proliferation.
Typical construction defects causing water intrusion and promoting fungal/mold growth include roof leaks, window leaks, and water intrusion through defective flashings and stucco assemblies. Moisture intrusion can result from poorly made concrete in slabs and foundations as well. There have been cases of so-called "junk-crete", concrete that is so watered-down that after curing, its porosity permits moisture intrusion. Also, sulfate attack destroys the concrete's internal structure and increases permeability, causing ever-increasing rates of moisture intrusion into a home.
How does mold affect a person's health?
Different species of fungi produce different reactions in different people. Some people react very seriously to low ranges of exposure, while others do not react even to substantial exposure. Because symptoms mimic cold and flu symptoms, their connection to mold growth is often overlooked. Symptoms include nausea and vomiting, respiratory congestion, wheezing, coughing, sore throat, fatigue, fever, headaches and backaches, dizziness, watery eyes and runny nose. Prolonged and close exposure, such as living in a home that has been contaminated, can produce respiratory disease, allergies, and deteriorating immune response.
People who are in regular contact with mold, especially small children and elderly persons living in a contaminated home, can sometimes suffer serious and continuing adverse effects. Persons whose immune systems have been weakened by HIV or cancer treatment, as well as persons with preexisting cases of asthma, are at particular risk.
What are mycotoxins?
Some fungi produce mycotoxins, a form of poison that comes from mold. These toxic substances are released into the air, cling to surfaces of the mold spores, or can be found within the cellular structure of the mold itself. Occupants of a home can be exposed to the toxins by a variety of means, including inhalation, ingestion, or through skin contact. As molds grow, they produce airborne spores, which can travel through ventilation systems that serve in effect as delivery systems for spores and these poisons. Spores emitted from fungal growth in wall cavities can also contaminate the occupied space by passing through switch plates, electrical outlets, and microscopic cracks created by building movement.
Is the presence of mold/fungi a construction defect?
Mold growth can sometimes be linked to construction defects, especially those defects that cause water leakage into the home. Moreover, claims for personal injury can be included in construction defect cases, and are not subject to the 10-year limitation period otherwise applicable to latent or hidden construction defects.
Claims for repair and remediation are limited by the same legal concepts as with respect to other defect claims, such as statutes of limitation that require timely filing of the complaint. When a reasonable person should know of the potential for mold due to original construction, the duty arises to investigate and file the complaint timely. Signs of such problems may not only indicate the appearance of the mold but, potentially, symptoms in the residents. The chances of success of each potential mold-related claim depend on the facts of the case.
How can a home or building owner test for mold?
Professional assessment is needed if it is suspected that a building may be contaminated. The expert will evaluate the history of occupant complaints and water intrusion into the home or building. The assessment will include a thorough visual inspection, air sampling, and sometimes various forms of "bulk sampling" of mold attached to building components. The result of the assessment may be negative, positive, or inconclusive, requiring further testing.
What can be done to get rid of mold?
While mold can become dormant when growth conditions such as moisture are removed, the remnants may remain on surfaces or in wood, ready to send off spores. Moreover, even mold that has "died" can remain toxic, and therefore requires remediation beyond mere deprivation of water sources. Systematic remediation is required to completely remove the molds to prevent the return of fungus. Although it may appear that the growth has been removed, fungal "roots" or spores known as hyphae may remain imbedded. Contaminated materials, including carpet, furniture, beds and bedding, clothing, papers, photographs, and even the children's toys must often be destroyed to insure cross-contamination does not occur after cleaning. Once a building has been contaminated, the heating and ventilation system should also be examined for purposes of remediation planning. This examination can be particularly extensive when the building lacks a ducted return air system where wall cavities serve as the return plenum, or if the duct system has breaks or leaks. The ducts and furnace blower may all be contaminated.
Finally, all surfaces should be HEPA vacuumed while aggressive ventilation using hepa-exhausted, negative-air machines are used to reduce spore levels to normal. During remediation, caution must be taken to keep from spreading the mold spores into the air. Typically, mold remediation of contaminated buildings involves careful cleaning procedures, including isolating rooms during treatment, specialized types of equipment, and protective garments for remediation technicians.
What about condominium developments?
In a condominium development, members own the units from the skin of the interior paint inward, and the association is responsible for repair and maintenance of the structure, including the building envelope, walls, windows, roofs and foundations. All of these are potential sources of water intrusion which can cause mold growth. Given the HOA's responsibility under the CC&Rs to maintain and repair the property, once alerted to water intrusion and resultant potential for mold, the HOA and the manager should be acutely aware of the potential for growth of mold and consider recommending investigation. The responsibility of the manager can and should be defined in the Property Management Agreement so that property management companies do not inadvertently find themselves becoming insurers for alleged failure to either identify or remediate such conditions.
Courts have held that in a condominium, as more specifically defined under each project's CC&Rs, the relationship between the unit owner and the association is similar to that of a tenant and landlord, and landlords have a duty to maintain property in a safe condition. Because it is also well established that associations must exercise reasonable care to protect a unit from undue damage, an association may well be held to the same standard of care as a landlord as to a resident's safety. Each condominium's CC&Rs are different, but failure of an association to act to remediate mold can create a substantial risk of liability.
The information given above is necessarily general in nature and is not intended as legal advice.The matters discussed are subject to great complexity and subtle gradations of application depending on their specific factual context.There is no substitute for sound legal advice from trusted legal counsel in light of specific facts.
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