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Mold Issues
Mold - An Overview
Safety Day 2003 Presentation: Avoiding Mold in Construction
Mold
Update 1 - August 13, 2002
Mold
Update 2 - December 17, 2002
Mold Update 3 - April 23, 2003 |
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Mold
cleared in link to serious illness, but respiratory
problems an issue
The good news on mold is that there is no evidence linking
it to cancer, extreme fatigue or neurological problems,
but the bad news is that it can indeed cause enough
coughing and wheezing to warrant action at local, state
and national levels, a National Academy of Sciences report
says. The report says even though it doesn't appear to be
linked to the more serious illnesses, mold, or excessive
indoor dampness, is a "widespread" problem and the
findings should prompt changes in how buildings are
designed, constructed and maintained.
The New York Times (free registration) (5/26),
MSNBC
(5/25),
The Wall Street Journal (subscription required) (5/26)
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AGC of
America Guidance on Mold
Mold has become a great and growing
problem for the construction industry. Over the last two
years, the number of claims and lawsuits have skyrocketed.
And in response, the insurance industry has withdrawn most
of the coverage that it once provided.
To help construction contractors avoid the
mold claims and litigation, and to improve their prospects
for future insurance coverage, AGC has published a
thirty-five-page booklet on the subject. AGC has also
published a number of articles in CONSTRUCTOR magazine and
sponsored several presentations. Below are links to these
materials.
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Publications
Managing the Risk of Mold in the Construction of
Buildings
Click title to download publication.
This booklet identifies the many
issues that not only construction contractors but
also building owners and their design professionals
need to consider. Parts I and II summarize the
science of mold, its health effects and why it grows
in buildings. Part III deals with building design,
materials and systems, and how they all bear on the
risk that mold will become a problem. Part IV
outlines the risks that would be reasonable to
expect during the "exposed", the "partially
enclosed" and the "controlled" phases of the
building construction process. Part V identifies
special measures that owners may want to include in
their plans, specifications and other contract
documents. And Part VI covers building operation and
maintenance. Written by the members of AGC's Mold
Litigation Task Force. Released in March of 2003. |
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Checklists
St. Paul's Mold in Construction Checklist
St. Paul Fire & Marine Insurance Company has
generously agreed to permit AGC to share the
company's "Mold in Construction Checklist" with all
AGC members. The checklist is in three parts,
beginning with "pre-job tasks," continuing with
"during construction checks" and concluding with
"post-construction checks." Four pages in length.
AGC members only.
Schinnerer's Mold Checklist
Victor O. Schinnerer & Company has similarly
granted AGC permission to republish the "Mold
Checklist" that appeared in its newsletter,
Constructive Comments, in 2003. The checklist is in
four parts, entitled Storing the Materials, Managing
the Work, Closing Out the Project and Creating a
Contingency Response Team. One page. AGC members
only. |
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CONSTRUCTOR
Articles
Do Pollution and Mold Threaten Your Financial
Future?
This article explores several of the insurance
issues that mold raises. The article explains the
pollution and mold exclusions from most commercial
general liability (CGL) policies. It adds that
contractor pollution liability (CPL) policies may be
the best source of future coverage for mold. Written
by James Trader at AON Risk Services. Published in
February of 2003.
Contractual Risk Allocations for Mold Conditions
This article provides and discusses contractual
language that may help contractors fairly allocate
the risk of a mold problem with a particular
building. It addresses any mold found in an existing
structure and any other mold not due to the
negligence of the contractor. Written by John W.
Dreste, Esq., Kevin F. Peartree, Esq. and Martha L.
Perkins, Esq, at Ernstrom & Dreste, LLP. Published
in February of 2003. |
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Presentations
Is Your "Mold" Claim Covered?
This presentation explores the several issues that
can arise if and when a contractor seeks insurance
coverage for work completed in the past - before the
insurance industry began to put specific and express
"mold" exclusions into general commercial liability
(CGL) and other insurance policies. Presented by
James Trader at AON Risk Services. Presented at
AGC's 84th Annual Convention in March of 2003.
Environmental Insurance Solutions for Mold
This presentation outlines and describes the mold
insurance coverage that is likely to be available
for future work, including the steps necessary to
secure such coverage. Presented by Jeff Slivka at
Arthur J. Gallagher & Co. Presented at AGC's 84th
Annual Convention in March of 2003.
Pending State Legislation Addressing the Growing
Issues Surrounding Mold
This presentation covers the mold and related
legislation that several states are considering,
including the legislation that one state has already
passed. As the presentation reveals, some of the
bills would require studies, that others would
require licensing and that still others deal
directly with construction defects. Presented by
Mary Jean Pethick, Esq., at the American Insurance
Association. Presented at AGC's 84th Annual
Convention in March of 2003.
Managing the Risk of Mold
This presentation outlines and explains the federal
government's interest in the subject of mold,
including the prospects for Congressional action,
what federal agencies are doing, and where AGC is
positioned. Presented by Kelly Krauser at AGC of
America. Presented at AGC's 84th Annual Convention
in March of 2003. |
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Mold Taskforce Members
Kevin O'Toole, Hunzinger Construction
Rick Andritsch, VJS Construction Services
Tim Just, C.G. Schmidt
Joe Shortread, Stier Construction Inc.
Don Miller, Diversified Insurance Services
Larry Michael, Brehmer Agency
Tom Boelkow, Building Service Inc.
Rich Murphy, Olympic Wall System, Inc.
Tony Prosper, Security Insurance Services
Bob Anderson, Bob Anderson Builders, Inc.
Joseph Schmit, J.H. Findorff & Son, Inc.
Burt Babcock, Babcock Mechanical Co.
Dave Schultz, Kelmann Corporation
Rich Johnston, Giles Engineering Associates
Cindy Smith, Michael Best and Friedrich
John Periard, BOMA
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