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Can homeowners blame your building company for their mold issues?

| Apr 27, 2021 | Construction Litigation |

Florida’s humid, warm climate is one of the reasons that people move to the Sunshine State. While a lack of cold weather can be great for many age-related medical conditions, it comes with unique complications for people who live in the state.

In many areas, cockroaches are endemic, meaning that it only takes a few seconds for one to hitch a ride into your house, no matter how fastidiously clean you are. All of that moisture and heat can also lead to dangerous mold growth.

As a construction professional or someone who owns a construction business, you are certainly aware of the negative health and property value implications of mold growth in a residential property. Most likely, you go to great lengths to prevent water incursion and other issues that could lead to mold problems for those who hire you. Can a homeowner still try to blame you for mold growing in a building that you repaired, remodeled or constructed?

Homeowners have to show you contributed to the mold issue

Mold is such a common health concern in Florida that the state government provides information for homeowners concerned about mold growth and how to address it. They remind property owners that mold can grow anywhere that there is enough moisture present, so the elimination of moisture and careful control of humidity levels is the most important thing the homeowner can do to deter mold developments on their property.

To hold you accountable for mold growing in their basements or inside a home, your former client will need to show that you failed to do something that would have prevented the mold growth, like sealing cement or installing the proper size dehumidifier. The sooner the mold develops after you complete the work on the project, the easier it may be for them to connect your business’s work to their mold issue.

Property owners should give you a chance to correct the issue

Homeowners making a claim against a business for construction defects have an obligation under Florida law to give that business the opportunity to correct the issue before taking legal action. They should send you notice at least 60 days before pursuing a construction defect claim.

You may be able to quickly and affordably resolve the issue without needing to go to court, thus avoiding damage to your reputation or the risk of a judgment. You could also defend yourself in court, showing records that demonstrate that your company takes every reasonable effort to prevent moisture issues that could lead to mold for its clients. Evaluating the situation carefully can help you decide what approach to take.

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