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

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  • 1. 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
  • 2. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 3. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 4. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 5. 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 Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 6. Construction Practices (cont’d) • Selection of building materials . • New technology may help. • Vinyl wall coverings for hotels and condos? • Mold resistant wallboard. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 7. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 8. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 9. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 10. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 11. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 12. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 13. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 14. Pictures From The Field Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 15. Pictures From The Field Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 16. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 17. Maintaining Buildings Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 18. Maintaining Buildings Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 19. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 20. 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 Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 21. 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? Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 22. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 23. 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 Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 24. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 25. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 26. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 27. 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) Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 28. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 29. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa
  • 30. 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. Atlanta ● Baltimore/Washington ● Chicago ● Cleveland ● Columbus ● Ft. Lauderdale ● Houston ● Jacksonville ● St. Louis ● Tampa