Confront Mold During Construction Phase to Prevent Future Problems

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Confront Mold During Construction Phase to Prevent Future Problems

By Lizandra , Moisture & IAQ Solutions Inc.

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SEPTEMBER 01, 2004 -- The heightened sensitivity to mold that has

arisen over the last couple of years has prompted more and more

developers to implement a mold action plan, which deals exclusively

with the goal of reducing the risk of mold in new properties during

the construction phase.

It consists of procedures for handling building materials, managing

construction scheduling and closing up concealed spaces, among

other " anti-mold " protocol. Such a mold action plan goes a long way

toward helping developers to mitigate their risk regarding mold

exposure--and all the problems that come with it, from scheduling

delays and added costs during the building phase, to withheld rent

and expensive litigation after residents take occupancy.

Mold action plans should be detailed game plans, where all parties

involved in the construction process are given instruction and

guidance on the prevention of moisture intrusion and mold growth, as

well as what to do in the event of actual moisture intrusion and/or

mold growth.

The plans must always be tailored according to the needs of a

particular project, but in every case, each party involved in the

construction process has a role that they must play to ensure that

the action plan is adhered to.

For example, construction contractors would be responsible for the

way they handle and store construction materials on work sites and

for ensuring that their employees and subcontractors perform in

accordance with plans, specifications and other contract documents.

Design professionals would be responsible for the building's

envelope and HVAC and other mechanical systems, including design

details that often have the potential to cause or prevent a typical

moisture-intrusion and/or mold problem.

Design professionals and developers would be responsible for the

building materials and systems that they specify. And ultimately, of

course, the owners would be responsible for the operation and

maintenance of a building once it is completed.

This approach of involving all parties in the construction process

will, in the long run, mitigate the risk of mold growth and any

future claims that may arise.

And perhaps most importantly, the mold action plan also entails

having a mold consultant conduct periodic site inspections at key

phases in the construction or during regularly scheduled intervals

to ensure the plan is being followed and implemented during the

construction process.

Having such a detailed mold action plan in the file of construction

documents for a multifamily structure is an effective tool toward

refuting potential future claims, in that the field observer will

have documented conditions and addressed any problems related to

moisture intrusion and mold growth as the construction progressed.

The effectiveness of a litigant's claim that a current mold problem

was " encouraged " during the construction phase is rendered much less

effective in the face of documented evidence to the contrary.

In a condominium setting, occupants are individual unit owners with

a significant financial stake in the asset. With this type of

property, a developer can be adversely affected by a single mold

problem if one or more owners, or perhaps even the entire

homeowners' association, retain a lawyer who claims the building was

encumbered with mold prior to its being turned over.

However, the periodic site visits conducted and documented

photographs taken during the construction phase can be presented as

evidence that everything--from the way materials were stored to the

method by which water and moisture were kept out of the structure as

it was built--was handled appropriately. In fact, should mold occur

at any time after construction is completed, the developer may claim

contributory negligence on the part of the individual unit owner(s).

The cost of litigation revolving around mold and moisture intrusion

problems can be huge. And today, developers cannot depend on

insurance to cover these claims because they're likely to find that

insurance companies are excluding mold coverage from their

commercial general liability policies.

As a result, developers must internally manage mold-related risk.

Planning for potential moisture intrusion problems (including a

thorough action plan as part of the building process) is a

significant step in the right direction.

The Mold Menace

Essentially, all new construction has the potential to allow

conditions that are conducive to mold growth. The majority of

building materials have the potential to be exposed to the elements,

such as rain, until that particular building is dried out.

Developers and their representatives should visually inspect

building material prior to storage to ensure that the materials were

delivered in original, factory-sealed, unopened packages, containers

or bundles. Wet or moldy packages should be rejected and returned or

segregated from the clean materials for resolution.

Any water on the surfaces of the packages should be wiped dry to

avoid adding moisture to storage areas; if the water cannot be wiped

dry, then those packages with water or mold damage should be

separated from clean material to eliminate situations where mold can

spread to clean materials in the storage area.

It is also important to follow the manufacturer's directions for

materials storage. The storage area should be well prepared prior to

storage, and it should be a fully enclosed, preferably hard-floored,

dry location or, at a minimum, a location with a watertight roof

near where the materials will be used.

If the materials are stored in areas where rain or construction-

process water could fall on them, they should be covered with

tarpaulins that are heavy enough to withstand any wind or other

harsh conditions. While the tarpaulin should be weighted down on top

to prevent it from blowing away, it should not be tight against the

sides of the stack because this can reduce air circulation and hold

moisture inside the sheeting.

It is important that the stored material be inspected frequently to

ensure that the protective measures are still in place and that no

damage has occurred since the last inspection. These inspections

should take place on a weekly basis and if outside conditions

drastically change, the inspections should be done at least every

couple of days.

Materials such as wood studs or drywall that have been exposed to

the elements and not properly dried or removed if mold growth is

observed have the potential to create mold concerns after they are

enclosed in wall and ceiling cavities. Even though mold spores may

initially be dormant or inactive, high relative humidity or moisture

intrusion, via a pipe leak, roof leak, window leak or condensation,

can turn it into active mold growth. A mold action plan takes all of

these issues into account and illustrates appropriate measures for

avoiding mold in the first place.

But wet building material is only the beginning. New construction

goes through a final tweaking phase that essentially tightens up all

systems and components. During this phase, building materials are

highly susceptible to moisture intrusion. Remediating the affected

materials as soon as possible is the key to avoiding future

problems. Again, a provision for the identification of problem spots

and prompt remediation would be outlined in the action plan.

As mentioned, the key to successfully developing and implementing a

mold action plan is communication and collaboration among all

parties involved in the construction process. Each party has an

important role to play in ensuring that the action plan is

implemented, and if all parties fulfill their part, the risk of mold

growth and future claims can be mitigated from the beginning, and

thus reduce future liabilities.

So, at the end of the day, the best defense is a good offense:

Applying the mold prevention practices outlined in a mold action

plan during construction can greatly reduce the risk of health

problems for occupants and financial threats potentially caused by

mold.

The key is to have a plan of action in place--and a method for

acting on that plan as quickly as possible.

Lizandra is assistant vice president of Moisture & IAQ

Solution Inc., a consulting firm based in White Plains, N.Y.

specializing in moisture intrusion, microbiological assessment and

IAQ services. Principals of the firm chair the American Society for

Testing and Materials (ASTM) committee that is developing a national

standard for conducting mold surveys