| Defective
Design and Construction No
one wants to take responsibility when problems arise with the construction or
design of commercial and residential properties. The unprecedented legal battle
between a family in Dripping Springs, Texas and their home owner's insurance company
is a great example. A major consequence of that case and others that have followed
suit is that insurance companies want to exclude mold coverage from their policies.
While mold continues to grow in homes and offices, from faulty plumbing, cracked
slabs and other perils, the mounting tensions between insurance companies, building
contractors and service providers is making it more and more difficult for property
owners to secure the funds needed to fix the damage. Knowing
your rights as a property owner, especially in cases of mold damage, is an area
of expertise for Herman, Howry and Breen. Our law practice was called upon by
the media this summer at the time of the public hearing held in Austin by the
State Board of Insurance on the issue of mold and insurance coverage. Read the
articles from the Austin Business Journal to learn more:
Building
owners want to `get the mold out'
State,
insurers continue debate on mold coverage
Mold
warning signs
According to
the New York-based Insurance Information Institute, building owners or tenants
should be alert to these conditions as signals mold could be present:
- Sunken areas in baseboards
or trim, or separation of the baseboards from the floor.
- Swelling
or crumbling of sheetrock.
-
Whitish mats under carpets, linoleum, in cabinets, or even behind furniture.
- Fruit
bodies or mushroom-like growths on rotten wood on the underside of flooring or
a cabinet.
- Vinelike
branches from the soil to the foundation, framing or underside of the flooring.
For more
information on mold dangers, remediation and prevention, visit http://www.epa.gov/iaq,
the indoor air quality section of the EPA's Web site. Other
websites worth visiting to learn more about mold and your rights as a property
owner:
insure.com
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