Homeownership often involves a fight against entropy and natural forces. Properties may decline in condition over time unless homeowners are proactive about maintenance and repairs. For example, even a small amount of water incursion due to compromised home systems or during construction may result in mold developing inside a residential unit. Mold can be unsightly and expensive to remediate. It can also cause a host of challenges for people with compromised immune systems and other medical concerns.
In some cases, construction companies that recently erected a new building or completed a project on an existing edifice may face litigation because of mold growth at the property. Are construction businesses and professionals liable for the growth of mold?
The burden of proof falls to the plaintiff
There are many different scenarios in which clients who paid for construction or renovation services may have grounds for a construction defect lawsuit. In a mold-related construction lawsuit, the client needs evidence showing that the professional or construction company failed to use the right resources to prevent water incursion. The failure to install a moisture barrier when renovating a bathroom, for example, might justify a client’s mold-related lawsuit.
However, if the construction company has proof that it complied with all relevant building codes and used appropriate materials as outlined in the agreement with the client, then the business may not actually be to blame for the mold developing at the property. The client’s failure to use proper ventilation systems or address leaks in a timely fashion might actually be the underlying cause of the mold growth.
Maintaining appropriate documentation of recent projects and consistently adhering to industry standards can help construction professionals protect against and effectively respond to construction defect lawsuits. Mold-related claims can be costly, but construction firms can often defend their finances and reputations if they have proper support.
