Introduction - Environmental Education

Introduction - Environmental Education

Legal & Technical Issues Legal & Technical Issues How mold affects: Real Estate

Building Operations Contractors Basics Additional considerations How Mold Affects Real Estate

Transactions 50% of 2001 litigation Attorneys and courts are attempting to make it an issue for home

inspectors and realtors New buyer experiences symptoms Home testing occurs/mold discovered

Doctor orders buyer to move out How Mold Affects Real Estate Transactions Testing expert says water problem was apparent and should have been disclosed Buyer sues home inspector and realtor

Claims Are Based Upon The allegation that inspectors & realtors know or should have known about mold and its effects on property and disclosure should have been made to the buyer

environmentaleducation.com environmentaleducation.com environmentaleducation.com

How Mold Is Effecting Facility Operations 20% of 2001 Litigation Attorneys and courts are attempting

to make it an issue for employers & facility managers Employee experiences symptoms

Investigations occurs/mold discovered Employer responsible for employee health How Mold Is Effecting Facility Operations Employer sues building owner for failing to

provide suitable space and lost production Building owner pays to make repairs, clean building and settle lawsuit How Mold Is Effecting Contractors

20% of 2001 Litigation Attorneys and courts are attempting to make it an issue for renovation and specialty contractors

Renovation/repair occurs Investigations occurs/mold discovered How Mold Is Effecting Contractors

Building owner sues contractor for contaminating structure Contractor pays to make repairs, clean building and settle lawsuit Legal & Insurance Basics

Statutory law

Common law Contracts Insurance Bonding Statutory Law NYS regulations

OSHA worker protection regulations Other regulations Common Law

Standards of the Industry State of the Art Tort & Negligence Vicarious Liability

Contracts Contract documents Public works projects Record-keeping Insurance

Workers compensation Liability coverage Occurrence based Claims Made Errors & omissions Product liability

Other concerns Bonding Payment Bonds Performance Bonds Issues Obtaining Bonding

Additional Considerations Will mold activities disturb other environmental contaminants? Asbestos (e.g. ceilings, insulation, etc) Lead based paint

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