Pursuing and Defending
Mold Legal Claims

www.moldattorney.us
  
             

Contact Us: moldattorney@moldinspector.com   
Phone 1-480-217-7173  1-480-310-7970 

Mold Consultant Phillip Fry Announces Help to Mold Victims For Claims Against Real Estate Sellers, Brokers, Home Builders, Contractors, Landlords, Employers,
and Insurance Companies

Mold Consultant and Certified Environmental Hygienist Phillip Fry announces that he will help mold victims and their attorneys in developing and pursuing claims for personal and property damages caused by undisclosed and/or negligently-ignored toxic mold infestations.

“Mold victims are routinely mistreated, exploited, and harmed in the sale and rental of real estate properties by the failure of real estate sellers, real estate brokers, agents, home builders, and contractors to disclose existing and known mold growth when homes and commercial buildings are sold, rented, built, or repaired,” points out Mr. Fry, who is also a Professional Industrial Hygienist, Certified Mold Inspector, Certified Mold Remediator, and Certified Ozone Professional.

“In addition, the health of mold victims at work deteriorates when employers fail to: (1) properly maintain workplace buildings to avoid mold-causing roof leaks, plumbing leaks, and heating/air conditioning equipment and duct mold growth; (2) regularly check, inspect, and test the entire workplace building, outward air flow from heating/cooling air supply ducts, and room air for surface mold growth and elevated levels of airborne mold spores; and (3) safely remove and remediate workplace mold growth,” adds Mr. Fry.

Insurance companies intentionally harm insured property owners by: (1) wrongfully denying payment for insured water and mold property damage; (2) underpaying for insured water and mold damage; and (3) taking too long to pay water and mold-related water insurance claims, which results in the huge mold growth that happens during the unnecessary delay in claim payment.

Mr. Fry can help mold victims in several important ways:

(1) Provide complete mold and environmental inspection, testing, removal, remediation, and prevention services anywhere in the United States to remediate a moldy building, protect its residents, and prepare the essential property inspection report and mold lab results that substantiate any mold insurance and legal claims that the property owner or tenant may be entitled to pursue;

(2) Prepare an in depth mold remediation protocol plan to guide the insured property owner, insurance company, real estate seller, landlord, or employer for effective, complete, and safe mold remediation;

(3) Find a local mold attorney to
represent the mold victim in pursuing mold legal claims against all appropriate and responsible parties; and

(4) Provide mold and environmental technical expertise and evidence to the client-selected attorney so that the attorney can prepare the strongest possible mold claim or lawsuit.

For additional information, please email Phillip Fry phil@moldinspector.com, or phone 480-310-7970 or 480-217-7173, or visit Mr. Fry’s websites www.moldexpertconsultants.com www.moldinspector.com, and www.workplacemold.com.


Three Most Common Mold Legal Claims

Three of the most common mold claims to pursue, or to defend against, are: (1) failure to disclose known and existing water damage and mold infestations prior to the rental or sale of houses and commercial buildings; (2) landlord or employer failure to do safe and effective mold inspection, mold testing, and mold remediation in rental properties and workplaces; and (3) unsafe and improperly-done attempts to take care of mold growth problems, such as using ineffective bleach instead of an EPA-registered fungicide; failure to search for and find mold growth hidden inside heating/cooling equipment and ducts (HVAC), walls, ceilings, crawl spaces and attics; failure to kill and remove mold growth effectively and properly; untrained and unsupervised mold remediation workers; improper and unsafe mold remediation procedures such as the lack of plastic sheet containment wall barriers to keep airborne mold spores from leaving the mold remediation work area and thus cross-contaminating other building areas; and failure to do clearance mold testing after mold remediation.

"If a house, condo, or other building for sale has had a leaky roof, plumbing leaks, siding leaks, a flooded basement or dampness, water problems, mold anywhere inside or outside the home or building, previous water damage restoration, and/or mold remediation or mold removal,  those present and past water and mold problems must be disclosed in writing in advance by the real estate seller to prospective buyers," warns Phillip Fry, mold consultant and author of the ebook Mold Legal Guide Read more...

"No one gets out of these disclosures: Even those marketing a home "as is" have to obey state disclosure laws," says Ilona Bray, real-estate attorney and co-author of "Nolo's Essential Guide to Buying Your First Home." "As-is sellers are simply advertising that they're not going to negotiate on price because of these issues."  Read Six Disclosures that Sellers Must Make To Buyers.
Read more...

 ►
"Ten Steps to Avoid Mold Legal Claims and Mold Lawsuits in the
Rental of Residential and Commercial Real Estate" by mold expert Phillip Fry.

►"Ten Tips To Avoid Real Estate Sale Mold Lawsuits" by mold consultant Phillip Fry.

What Real Estate Sellers Must Disclose to Buyers About Present
and Past Water Damage and Mold Problems by mold expert Phillip Fry.


California Workplace Mold: Monterey County, California, Fraud Unit Workers
Claim Mold In The District Attorney’s Office Made Them Sick, Oct. 8, 2012


High roller Vadim Trincher sues for $6 million over mildew damages
at Trump Tower condo in New York City
, Oct. 7, 2012

Failure to disclose water seepage and mold in a California home sale
results in $2.7 million judgment against seller, Oct. 5, 2012.

Lawsuit against home builder and window manufacturer seeks to fix
moldy, leaking Wichita, Kansas home, Sept. 13, 2012

Kentuckians Take Distilleries to Court Over Baudoinia Mold, Aug. 29, 2012

Navy family sues, says mold in housing made them ill, Aug. 25, 2012

A New York Court of Appeals case decided March 6, 2012, set an important legal precedent that will allow more mold victims to file lawsuits based on claims that they developed illnesses after being exposed to mold.

Lawsuit claiming mold caused illness to go forward, Feb. 3, 2012


Sponsor Your Own Private Mold Inspector Training, Environmental Hygienist Training, and/or  Industrial Hygienist Training & Certification Seminar for Yourself and/or Company Employees---Presented  in Your Own Office or Location Anywhere in the World!

Hire mold and environmental experts Phillip Fry and Divine Montero Fry (Certified Mold Inspectors, Certified Mold Remediators, and Certified Environmental Hygienists) to travel to your company location to present the Environmental Hygienists Association three day long mold, environmental hygienist, and industrial hygienist training and certification training class anywhere in the USA, Canada, Singapore, Hong Kong, Asia, Australia/NZ, Europe, the Middle East, Central America, the Caribbean, or South America. You and your key associates and employees will be trained and certified as Certified Mold Inspectors, Certified Mold Remediators, Certified Environmental Hygienists, and/or Professional Industrial Hygienists. Read Mr. Fry and Miss Montero's environmental qualifications to teach and certify you and your associates.  For info, email Phillip and Divine phil@moldinspector.com, or call (USA) Phone: 1-480-217-7173.


FREE Mold Advice Hotline

Mold Lawsuit

Articles To Read


[Prevent Mold Lawsuits]
[Real Estate Sale Lawsuit]
[Mold Disclosure Details]
[Mold Investigation Bureau]
[Mold Lawsuit News]
[Seller Disclosures To Buyer]
[Mold Law Questions]



Picture of Mold Consultant Phillip Fry
Mold Consultant Phillip Fry, author of five mold advice ebooks available at Mold Mart.

Mold Resources
 
 ►Buy the mold cleaning and mold killing fungicides Tim-Bor and Boric Acid Powder.
 
 ►Buy the Bio3Blaster® ozone generator to kill mold spores, mold growth, and bacterial growth in your water-damaged real estate home or commercial building. Available in both home and contractor models. After using the ozone blaster in your home or building, rent it out for at least $100 daily rent or provide ozone blasting service to other Sandy storm victims in your area.
 
 ►Buy a mold fogging machine to fog Tim-Bor and Boric Acid Powder into all areas of your house or commercial building including the attic, basement, and crawl space.

►Be trained and certified online in just one to two weeks to be a Certified Mold Inspector and Certified Mold Remediator. Be trained in just four to eight weeks to be a Certified Environmental Hygienist.
 
Phillip and Divine also provide mold inspection, testing, remediation, and prevention services in New Jersey, New York, Connecticut, Pennsylvania, Maryland, other east coast states, California, Nevada, Arizona, and nationwide USA. For more information and help, please phone
mold expert Phillip Fry 1-480-217-7173 or
1-480-310-7970 or email phil@moldinspector.com.

FREE Mold Advice Hotline


E.P.A. picture of various types of mold species growing in mold test kits (lab Petri dishes).

More Mold Legal Help

1. Read Phillip Fry's Mold Legal Guide, described at the bottom of this webpage.

2. Read these mold law articles---

[Prevent Mold Lawsuits]
[Real Estate Sale Lawsuit]
[Mold Disclosure Details]
[Mold Investigation Bureau]
[Mold Lawsuit News]
[Seller Disclosures To Buyer]
[Mold Law Questions]

Picture of mold mushrooms growing out of a wall.
Mold mushrooms growing out of wall.
Picture of mold growth in heating and cooling system filters.
Mold growing in and on HVAC filters.
PIcture of mold growing in an attic.
Mold growing in an attic.

Buy the 300+ page ebook MOLD LEGAL GUIDE by mold expert Phillip Fry

Table of Contents
 

Chapter 1 Mold lawsuits in the news
 

1.1 Mold lawsuits up by 300%
1.2 Denver International Airport faces mold lawsuits
1.3 Mold forces cuts in hours in Tulare County Court
1.4 Mold-stricken Ed McMahon files lawsuit
1.5 Tennessee jail mold makes staffers ill; kills inmate
1.6 Mold claims spread to cars
1.7 Beware of illegal and unregistered fungicide
1.8 The reasons behind the rise in mold lawsuits
1.8.1 Population shifts
1.8.2 The rise of new buildings
1.8.3 Rising property values
1.8.4 More plumbing
1.8.5 Advances in medical science
1.8.6 Increased public awareness
1.8.7 Government action
1.8.8 Mold industry
1.8.9 Numerous successful mold litigations

 
Chapter 2 Filing class action lawsuits
 
2.1 What is a class action?
2.2 Class action prerequisites and legal procedure
2.2.1 Prerequisites to a class action
2.2.2 Class actions maintainable
2.2.3 Determination by order whether class action to be maintained; notice; judgment; actions conducted partially as class actions
2.2.4 Orders in conduct of actions
2.2.5 Dismissal or compromise of class action

 
Chapter 3 Legal implications of mold contamination of HVAC systems
 
3.1 Sick building syndrome and IAQ lawsuits
3.2 HVAC manufacturing and design defects
3.3 Legal liability of HVAC manufacturers for mold-related injuries
3.4 Proposed HVAC design solutions
 
Chapter 4 Possible causes of action and potential damage awards for mold contamination
 
4.1 Common causes of action
4.2 What is a tort?
4.3 Four elements of tort
4.4 Duties of a landlord
4.5 Legal grounds to file lawsuit against defendants
4.5.1 Negligence
4.5.2 Strict Liability
4.5.3 Breach of Warranties
4.5.4 Constructive Eviction
4.5.5 Workers Compensation
4.5.6 Failure to Disclose
4.6 How to claim workers compensation
4.7 California mold disclosure law
 

Chapter 5 Damages recoverable in mold Cases
 

5.1 Diminution of value and cost to repair
5.2 Cost of remedying the defects
5.3 Personal exception rule
5.4 Personal injury
5.5 Prejudgment interest
5.6 Attorney’s fees
5.7 Punitive damages
5.8 Emotional distress damages
 

Chapter 6 Statute of Limitations for mold cases
 
6.1 Purpose of statute of limitations
6.2 Delayed discovery rule
6.3 Interruption of one-year statute of limitations
 

Chapter 7 Verdicts and settlements of mold cases
 
7.1 Recent published verdicts and settlements of mold cases in California
7.2 Recent publicized old cases in other states
7.3 Legal liability of insurance companies
 

Chapter 8 The mold-illness relationship
 
8.1 Hysteria or reality?
8.2 Scientific proof and the implications of legal liability
8.3 Other reports linking mold to serious health and property damage
 
Chapter 9 Mold insurance primer
 
9.1 Types of insurance
9.2 Traditional mold insurance
9.3 Mold insurance? or incidental mold coverage?
9.4 Review your policy carefully & understand your coverages
9.5 The basics of mold contamination insurance coverage
9.6 Property damage coverage
9.7 Third-party liability coverage
9.8 Call your insurance agent & report a suspected claim immediately
9.9 Protect all property from any further damage
9.10 Photograph, videotape and inventory all damaged property
9.11 Handling insurance claims: where to get the information
9.12 Your obligation to cooperate with insurance company investigation
9.13 Never sign anything without proper legal advice
9.14 Get a second or even third opinion regarding estimates
9.15 You don’t have to use insurer’s “approved contractors”
9.16 Get professional help if you need it
9.17 Statute of limitations
9.18 Report all unfair claim handling to your department of insurance or insurance regulator
 

Chapter 10 Toxic mold legislation
 

10.1 2003 toxic mold legislation
10.1.1 Illinois
10.1.2 Louisiana
10.1.3 Massachusetts
10.1.4 Montana
10.1.5 Oklahoma
10.1.6 Oregon
10.1.7 Pennsylvania
10.1.8 Rhode Island
10.1.9 Texas
10.2 Toxic mold insurance legislation
10.3 The Comprehensive Loss Underwriting Exchange (CLUE)
10.4 Reporting mold damage to your insurer
10.5 Things to consider when reporting mold problem to your insurer
10.6 Additional Living Expense (A.L.E.) Coverage
10.7 Coverage for personal items
10.8 The role of your mortgage company
10.9 Resolving disputes with an insurer or claims adjuster
 
Chapter 11 Effectively handling mold and water damage claims
 
11.1 I have identified a potential water damage claim. What should I do?
11.2 What can I expect from my insurance company when I report water damage?
11.3 What can my insurance company expect from me?
11.4 What can I do if I feel my insurance company is not being responsive?
11.5 Should I test my home if I find mold growing?
11.6 Should I move out of my home if I discover a mold problem?
11.7 I had to move out of my home. What can I expect from my insurance company regarding Additional Living Expense (ALE) coverage?
11.8 How can I control my ALE expenses?
11.9 How can I select a qualified remediator? How can I ensure the mold remediation and repair process is handled correctly and efficiently?
11.10 Should my belongings be cleaned or replaced?
11.11 What other information do I need?
 

Chapter 12 Texas Department of Insurance suggested practices for insurers
 

12.1 What should the claimant expect when reporting water damage claims?
12.2 How can the overall water damage claims handling process be improved?
12.3 Should the home be tested?
12.4 What factors should be considered when determining whether a dwelling is wholly or partially untenantable and Additional Living Expense (ALE) is necessary?
12.5 What additional information, assistance and education can the insurer provide the insured?

 

 Chapter 13 Mold in construction defect cases
 

13.1 Is mold a construction defect?
13.2 Statute of limitations in construction defect cases
13.3 Mold-related construction defect cases

 
Chapter 14 Real estate brokers’ rights and responsibilities
 
14.1 What real estate professionals must do
14.2 Conduct a reasonably diligent visual inspection
14.3 Watch for moldy conditions
14.4 Disclose any known mold problems
14.5 Incorporate mold considerations into sale and lease agreements

 
Chapter 15 Landlord rights and responsibilities
 
15.1 Obligations and duties of landlords
15.2 Your options if the landlord won’t make required repairs
15.2.1 Repair and deduct
15.2.2 Wait
15.2.3 Do the repair
15.2.4 Let your landlord do the repair
15.2.5 Get your money back
15.3 How many times can I do this?
15.4 Can I use repair & deduct for cosmetic purposes?
15.5 Can I use repair & deduct to put accommodation for my disability

 
Chapter 16 Tenant rights and responsibilities
 
16.1 What the landlord is required to do
16.1.1 Maintain facilities
16.1.2 Comply with building codes
16.1.3 Keep common areas safe
16.1.4 Keep premises in safe and habitable condition
16.2 What the tenant is required to do
16.3 Checking into your apartment or house
16.4 Renter’s insurance
16.5 Lawn upkeep
16.6 Quiet enjoyment
16.7 Repairs and mold remediation to your rental

 
Chapter 17 Landlord and tenant disputes
 
17.1 Withhold rent
17.2 Abandonment of lease
17.3 Small claims court
17.4 What you need to show as tenant in small claims court
17.5 Evictions
17.6 Security deposits
17.7 Landlord’s obligations during the lease
17.8 Landlord’s obligations at the end of the lease
17.9 Normal wear and tear damage
17.10 What to do if landlord unlawfully withheld excessive security deposit
 
Chapter 18 Suing your landlord
 
18.1 Suing your landlord under “warranty of habitability”
18.2 Local code enforcement
18.3 Moving out –vacating your rental
18.4 Rent escrow
18.5 Landlord retaliation is illegal
18.6 How to sue your landlord
18.7 How to find the landlord –the owner of the land
18.8 Serving the right person with the court papers

 
Chapter 19 Consumers’ home-buying and home remodeling guide
 
19.1 What to do before you buy
19.2 Demand full disclosure
19.3 Conduct a general home inspection
19.4 Follow up
19.5 Hire a professional home inspector
19.6 Inspection: when and how it should be done
19.7 Building a new home
19.8 Home-buying FAQ
19.9 Guard yourself against poor construction work
19.10 What the new home buyer should know before close of escrow
19.11 What is binding arbitration?
19.12 Russian roulette
19.13 Just who Is really being harmed the most by the arbitration clause?

 
Chapter 20 Insuring projects with mold coverage
 
20.1 How builders should manage and insure their risks and assets
20.2 Building industry liability crisis
20.3 General liability insurance
20.4 Eight-point plan to manage your risks
20.5 What builders must do when mold and fungus arise
20.6 Mold and pollution exclusion
20.7 Subcontractor exclusion endorsements
20.8 “Discharged”, “dispersed,” and other terminologies used by courts
20.9 Is mold a “pollutant”?
20.10 New insurance language that excludes coverage for mold
20.11 New insurance products to deal with mold
20.12 CGL policies and the liability crisis
20.13 From “buyer beware” to “builder beware”
20.14 What builders must do to survive
 
Chapter 21 The mediation alternative to lawsuits
 
21.1 Mediation definition and overview
21.2 Who can mediate a case?
21.3 Mediate or Litigate?
21.4 Will the court make me mediate?
21.5 How do I start the mediation process?
21.6 What if mediation does not settle my case?
21.7 What is the secret to a successful mediation?
21.8 Seven (7) things your lawyer should do to succeed at mediation
21.8.1 Choose a mediator carefully
21.8.2 Prepare for mediation as if preparing for trial
21.8.3 Negotiate at a time and place it is advantageous
21.8.4 Share information strategically
21.8.5 Prepare the mediator
21.8.6 Use the mediator as a messenger
21.8.7 Seal the deal in writing

 
Chapter 22 The dark side of arbitration
 
22.1 The abuse of binding arbitration in new-home contracts
22.2 The nature of binding arbitration
22.3 Lack of consumer protection for new homebuyers
22.4 History of arbitration in home contracts
22.5 Interim studies by the Texas House of Representatives
22.6 Homebuilders with arbitration clauses
22.7 Lack of an “Alternative” Dispute Resolution (ADR) system
22.8 Other available Alternative Dispute Resolution (ADR) systems
22.9 The benefits of arbitration to the homebuilding industry.
22.10 High cost of arbitration
22.11 Biased arbitrators
22.12 Exceptions to the arbitration clause
22.13 Recommendations and conclusions
22.14 Arbitration FAQs: Is binding arbitration faster, cheaper, better?
22.14.1 Is binding arbitration faster than our court system?
22.14.2 Is binding arbitration cheaper than our court system?
22.14.3 Do I have a choice to select arbitration over our court system?
22.14.4 Should I buy a new home with a mandatory arbitration clause in the contract?
22.14.5 Which builder in Texas have mandatory arbitration clause?
 
Chapter 23 Mold victims can become medical malpractice victims
 
23.1 Types of medical malpractice
23.2 Damages for medical malpractice
23.3 Medical records
23.4 Limits on recoveries
23.5 Surgical injuries
23.6 Surgical injury statute of limitations

 
Appendix A: Legal form – Tenant legal notice to landlord of mold infestation
Appendix B: Legal Form – Tenant legal notice to landlord that tenant is withholding rent
Appendix C: Legal form – Tenant legal notice to vacate
Index

 

[Prevent Mold Lawsuits] [Real Estate Sale Lawsuit] [Mold Disclosure Details] [Mold Investigation Bureau] [Mold Lawsuit News] [Seller Disclosures To Buyer] [Mold Law Questions]