Who Is Legally Responsible for Mold Prevention?

Homeowners should try to avoid mold problems where possible, but sometimes, they’re not at fault. Similarly, owners of commercial buildings can only do so much to reduce health risks inside their offices. Ultimately, contractors, repair specialists, and renovators should strive to prevent mold growth in the scope of their work.

Preventing mold requires sound construction, including proper design and implementation of:

• Ventilation
• Plumbing
• Insulation
• Building materials

The presence of mold can create liability for property owners and contractors alike. Construction workers, in particular, have a duty to perform work reasonably to prevent different types of mold. To prevent harm, such as health issues, to inhabitants, contractors must perform their jobs in a manner that does not adversely affect the humidity levels of a building.

Property owners who discover mold may have a legal claim for the resulting damage. A real estate and construction law attorney can advise you about your options.

Mold Prevention by Contractors

Moisture control is the key to mold control. While you may benefit from tips on preventing and controlling moisture and mold in your home, real estate contractors also must follow their duties.

In most personal injury laws across the 50 states, contractors have legal duties that they must follow during work. Whether building, remediating, or remodeling, contractors must abide by standards. Their work must not disturb healthy indoor environments. In short, a contractor has a legal duty to perform their work in a manner that is reasonable in the circumstances of the situation.

For example, to avoid black mold growing, contractors should follow construction industry standards for installing:

• Drywall that is safely in place
• Ceiling tiles that are securely attached
• Pipes that can reasonably withstand plumbing leaks

Mold removal companies must act reasonably within the circumstances as well. They must conduct proper mold testing to spot mold issues and minimize mold exposure. When they discover indoor mold, they have to act quickly to mitigate mold damage and adverse health effects.

What Else Can a Contractor Do?

As long as they are paid for their work, a reasonable contractor may be obligated to:

• Clean and repair roof gutters regularly.
• Make sure the ground slopes away from the building foundation so that water does not enter or collect around the foundation.
• Keep air conditioning drip pans clean and the drain lines unobstructed and flowing properly.
• Keep indoor humidity low. They may need to install air conditioning that can regulate indoor air quality. That includes regulating relative humidity below 60% (ideally between 30% and 50%). Relative humidity can be measured with a moisture or humidity meter, a small, inexpensive ($10-$50) instrument available at many hardware stores.
• Act quickly to dry the wet surface and reduce the moisture/water source.

Condensation can be a sign of high humidity. If a contractor sees condensation or moisture collecting on windows, walls, or pipes, they may be tasked with identifying the source of the problem. For instance, a contractor who improperly installs a pipe or air conditioning system may be responsible for ensuing water damage and mold.

Even if your contractor didn’t do their job right, you can respond before mold remediation can begin. Control of moisture problems is the key to mold control. So when water leaks or spills occur indoors, act quickly. You can slow mold growth if wet or damp materials or areas are dried 24-48 hours after a leak or spill. 

Actions To Reduce Humidity and Condensation

When a company is hired to remove mold, they must conduct a thorough mold inspection to discover all affected areas of your home. Mold cleanup extends to every building crevice, including the crawl space underneath. However, resolving the problem is not a matter of merely attacking mold spores with bleach.

Remediation companies must go to the root of the problem — the source of humidity. For example, it may be considered reasonable for cleaners or appliance installers to:

• Vent appliances that produce moisture, such as clothes dryers, stoves, and kerosene heaters to the outside where possible. Combustion appliances such as stoves and kerosene heaters produce water vapor and will increase the humidity unless vented to the outside.
• Use air conditioners and/or de-humidifiers when needed.
• Run special exhaust fans over multiple weeks.
• Increase ventilation or air movement by opening doors and/or windows when practical.
• Cover cold surfaces, such as cold water pipes, with insulation.
• Increase air temperature.

Homeowner Liability for Mold Claims

Mold on your property can affect the health of your long-term guests and tenants. In many types of premesis liability cases, a property owner can be held responsible when a hazard on the property injures someone. 

If you rent your home to other people, the implied warranty of habilitability applies. A landlord may be liable for their tenants’ illnesses due to mold on their property.

Homeowners have a duty to prevent and address these hazards. But a homeowner might not have discovered mold because it was the result of a latent defect, such as a leak behind the wall. 

Liability for mold illnesses and property damage is a complex subject. An injured person may wonder whether liability rests with the property owner or the contractor who’s responsible for the leak. Property owners can consult with an attorney about how to limit their liability upon discovering mold.

Report Your Construction Company to a Lawyer

Mildew and mold can cause allergic reactions and even serious health problems.

These irritants can expose owners to:

• Personal injuries and mold illnesses
• Liability for medical costs incurred by their affected guests
• Property damage and loss of house value
• Repair expenses
• Other related costs, such as temporary accommodations during mold cleanup

Homebuyers or homeowners subjected to moldy environments have recourse. A toxic mold attorney or housing lawyer can help you pursue those responsible for poor workmanship, including contractors who failed to do their jobs correctly.