Legal Question in Construction Law in Ohio

Re: Bad builder mold in walls

Dear Inquirers:

Mold in building walls is an age-old problem. There are over 100,000 known species of mold; not all are toxic. Some people are far more susceptible than others. Toxic molds are defined as those, like stachybotrys, that create airborne toxic spores called mycotoxins that can, upon human inhalation of sufficient quantities, cause effects ranging from breathing difficulties to lung damage to neurological / brain damage. Young children, the elderly, asthmatics and allergics are more vulnerable to mycotoxins. One study links a 300-percent increase in asthma rates over the past 20 years to toxic molds, and another attributes to such diseases nearly 100 percent of chronic sinus infections.

Many of the more serious mold reactions afflict relatively few individuals with hyper-sensitivity to certain toxins, and human reactions vary widely, greatly complicating the gathering of scientific documentation needed to establish quantitative public health standards for mold toxicity, or even the filing of any lawsuits requiring positive proof of cause.

Your potential legal remedies will depend upon several controlling factors, namely: (1)when did you purchase and take title? (2) when did you first notice or become aware of the mold?(3) what action have you taken to notify your builder-vendor? (4) what are the specific representations or rmedies provided in your purchase agreement? (5) why haven't you consulted an Attorney knowledgable in these matters? If your builder is solvent and collectible, that may be one option. If not, what kind of insurance policy do you have as to mold, or is ithat excluded from cobverage?

Please consult an experienced Attorney to advise and guide you ASAP. Good luck.

Sincerely, J. Norman Stark