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Cause of Mold is Subject of Lawsuit. Who Will Pay?

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cause of mold lawsuitI just got finished testifying in a mold lawsuit that dates back to 2002. That's right, eight years ago!  As an expert witness I'm not at liberty to discuss the details of this case, but I can tell you there are several insurance companies involved, along with a homeowner who just wants to move back into her home. 

So what happens when you find mold damage in your home that either exceeds your insurance coverage or is not covered at all?  If you can't afford to properly remove the mold, what are your options.  Could someone else be held responsible for your mold problem?

In the lawsuit I recently testified in, nobody is willing to take responsibility for the cause of mold in the house. It wasn't the owner's fault. It wasn't the builder's fault. It wasn't the insurance company's fault.  It wasn't the landscaper's fault.  But the damage is extensive and somebody has to pay to remove it.  But who?

So 8 years later, the homeowner and all of the other parties sit before a judge and jury awaiting an answer.

So, who wins?  No one but the attorneys.  Eight years and tens of thousands of dollars later, the house is still full of nasty mold, the cause of mold has not been established, and the homeowner is still out of her home. 

My simple advice is don't let a mold problem go this far. If you have a chronic moisture problem, get the cause of mold under control with adequate dehumidification and ventilation.  If you have a small mold problem, address it in the early stages before it gets out of control.  If you have an odor problem and suspect mold, have it checked out by a mold professional.  Many minor mold problems can be solved with little expense and minimal effort if they are addressed early.

The photos are from my most recent visit to this house.

cause of Mold lawsuitcause of mold lawsuit

Crime Scene Cleaning Requires Sensitivity

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Crime Scene cleaning

Enviro-Clean, Inc. has become southern New England's "go-to" firm for crime-scene and other bio-hazard clean-ups.   At the helm of Enviro-Clean's BioRemediation Division is Jamie Antonelli, Director of  Field Operations.  Jamie got his initial training and certification through the American Bio-Recovery Associations (ABRA), but there's no substitute for the knowledge and experience he his has acquired in the past few years. 

The job isn't for everyone. It takes a strong stomach, of course, but it also requires discretion and sensitivity with customers.  These situations are always traumatic for family members, and Jamie and his crew need to be respectful and sensitive to their emotions. 

Crime and trauma scene cleaning exposes our technicians to the hazards of blood-borne pathogens, so special care must be taken to protect them against infection and disease.  This is not something that should be attempted by untrained individuals. Each technician wears protective clothing, and have been  inoculated against a number of communicable diseases.  All bio-hazardous materials are removed and disposed of in accordance with strict protocols so as not to cross contaminate the unaffected areas of the building. 

This picture shows a hardwood floor that has been affected by blood.  Blood permeates wood rather quickly, and is virtually impossible to get out.  It is common to remove the affected wood and replace it. 

 The cost of cleaning and repair is typically covered by Homeowners Insurance, subject to a deductible.

Crime Scene Cleaning


Rhode Island Floods Cause Mold Problems

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http://www.projo.com/news/content/FLOOD_MOLD_05-06-10_FVI9U9O_v43.4295a7c.html

Not long after the raging waters of the Pawtuxet River flooded his basement and continued rising to a third of the way up his first-floor windows, something began growing inside Jeremy Taft's duplex in West Warwick, Rhode Island.

Related links

Video: 'The longer you wait, the worse mold gets'

Three weeks later, when he was finally permitted to return to his River Street rental property, he could see it as plain as day - there on the walls. And when he tore the drywall off the studs, there it was - inside, too.

Mold. Splotches of it. Some black mold, some white mold.

mold from ri flood water

Drywall in a Portsmouth, RI residence shows evidence of mold contamination after being underwater.

The Providence Journal / Andrew Dickerman

"I've got everything in here - red, too," said Taft as he walked around his nearly gutted home one recent day, pointing out speckled patches of mold here and there.

A month since historic rains and flooding damaged property across Rhode Island, a microscopic organism valued for its ability to break down organic matter outdoors is making an unwelcome-and unhealthy - entrance indoors into residences throughout the state.

"It's a nasty problem," Robert Archila, a FEMA hazard-mitigation adviser specialist, said while touring Taft's duplex. He added, "The longer you wait, the worse it gets."

Mold is not only unpleasant, it can make people feel ill. Robert Vanderslice, of the Rhode Island Health Department's homes and environment team, said that reactions to mold vary. Some people experience common allergy symptoms such as coughing, congestion, sneezing and itchy eyes. But those with respiratory problems can suffer asthma attacks and people with weakened immune systems may develop serious infections.

"We're all exposed to mold. Normally, we deal with it just fine," Vanderslice said. "But it's a problem when it starts growing inside [buildings]."

mold remediation in rhode island

Raimundo Asencio, left, a worker with Enviro-Clean of Smithfield, RI, listens as coworker Dennis Edwards talks about removal of mold at a Portsmouth house.

Federal and state officials fear that some property owners may not have taken the necessary steps to prevent mold infestation. And they have heard of instances of some taking steps to deal with it only to see it make a comeback.

Mary Margaret Walker, a FEMA spokeswoman who organized a news conference at Taft's house to raise awareness of mold, said that close to 7,000 Rhode Islanders have sought assistance at the agency's Disaster Recovery Centers, some located at home-improvement stores. Many come with questions about what to do about mold.

"They are not sure what to do," Walker said. "Also, with warmer weather arriving, we are hearing concerns about mold coming back. We want to make sure that what's done is effective."

"We're definitely seeing an increase in volume for mold calls," said Eric Anderson, owner of the Smithfield-based mold-remediation company Enviro-Clean.

Mold (called mildew in its early stages) has a hearty appetite for fabrics, carpets and wood products, including drywall, ceiling tiles and wallpaper. Mold colonies can grow on damp surfaces in as little as 24 hours, and they reproduce and spread by sending tiny, lightweight spores into the air.

Even just a few inches of water can create a perfect breeding ground for mold, which thrives when given water, organic matter and warm temperatures. Drywall and insulation sop up the water like a sponge and tend to remain damp inside walls, where air can't dry the material out.

"You could be sitting on a time bomb when it comes to mold and mildew," said Archila.

That was the problem at David Schuller's house in Portsmouth, RI, where despite having no flooding for the previous 10 years, in March he had to arm himself with wet vacuums and pumps while waging an eight-day battle with water in his partly finished basement. Everything was so wet - and warnings about mold issues so pervasive - that he hired a professional clean-up company.

"I couldn't take a chance," Schuller said.

On Monday, a crew from Enviro-Clean arrived in two trucks, and three workers donned white protective suits and breathing masks. They set up equipment in the basement to capture spores, including an air scrubber with replaceable filters and a negative air machine, which sucks air into a long, clear, flexible plastic tube that runs up a bulkhead and discharges air outside. They also put up plastic sheeting to prevent spores from traveling upstairs.

Then the demolition began. Workers removed the drop-ceiling and wood paneling, as well as the first two feet of drywall behind the paneling.

"This is where he ran into a problem, right here," Dennis Edwards said, his voice muffled by his mask.

He pointed at a section of drywall that co-worker Raymundo Asencio was removing. Small spots of green were visible on the outside of the drywall, but when Asencio flipped it around, the other side was much worse, with large splotches of green mold tainting the interior wallboard.

"That's mold all the way down," he said. "It's pretty bad."

He said the crew would vacuum up the dust and debris and spray everything down with an anti-microbial solution.

"We get right down to the problem," he said. "There is a strong chance that people who don't treat their property will end up getting mold in their house."

Flood victims unaware of potentially blossoming mold problems can preserve their right to future damage claims by applying for federal assistance now online at http://www.fema.gov/ or by calling 1-800-621_FEMA.)

KEY POINTSTips for eliminating mold

Wear gloves and goggles to avoid contact with mold or strong chemicals.

Put on a mask, preferably an N-95 respirator, to limit exposure to airborne mold.

Throw away wet, porous materials such as ceiling tiles, drywall, wood byproducts and rugs and check wall interiors for hidden mold.

Wash hard surfaces with a stiff brush and non-ammonia detergent or soap.

Ventilate to allow noxious fumes and mold spores to escape outdoors.

Keep it dry with fans, windows and dehumidifiers to discourage mold growth.

Mold Resulting From Improper Drying

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One of the leading causes of mold contamination in homes throughout New EnglandMold resulting from water damage is water damage. 

With the consistently cold weather we've been having this winter, pipes are freezing and bursting, resulting in water damage in homes and commercial buildings in the traditionally colder areas of the country.  To make matters worse, some of the warmer parts of the country have been hit with freezing temperatures lately.

 If this happens to you, you may try to clean it up yourself.  But we recommend you not try it.  Here's why.  You'll be successful in removing the standing water from the areas you know are wet, and when you're finished you'll think "that's dry enough.  It will dry on its own."  But just because it looks dry and feels dry does not mean it is really dry. There will be moisture within walls, under the carpet, and in other places you can't see.  And that's all mold needs.  A little bit of moisture and a little bit of time.  In fact, mold will start to grow within the first 48 hours.  Fortunately the cold temperatures will slow the mold growth, but not for long. As soon as the air starts to warm up, the mold  will get out of control.

Then you'll be calling your insurance company for mold remediation coverage, and you will be told there is a limit on your mold coverage.  It's usually $5,000 or $10,000 depending on your policy, on both the mold removal and the repairs that will inevitably be required.

So you have avoided a small expense and have incurred a large expense.

So what's the moral of the story?  If you have water damage, call a professional water mitigation contractor who has both the knowledge and the equipment to do the job properly. Check out the website of Water Out Southern New England http:www.water-out.com.  

If you think you might have mold as the result of water damage, call us at Enviro-Clean, or contact me, Eric Anderson, on our website www.envirocleanmold.com.

Bottom line is this: If water gets in your home or business, get the water out as quickly as possible, thoroughly dry the entire area, and have the moisture levels in the structure tested to make sure it's totally dry. 

Case Study - Cleaning a Soap Factory

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Enviro-Clean, Inc. doesn't stop at mold remediation. Our skilled technicians have utilized their remediation training and skills for small oil spills, odor removal, pest removal, and bio-hazard cleanup.

One of my favorite jobs was a soap dust clean-up in a 25,000 square foot major soap manufacturing plant here in Rhode Island.  Almost a decade of dust had settled on nearly all of the surfaces within the plant. 

The manufacturer had recently landed a large contract but it was contingent on the plant meeting certain hygiene guidelines.  The soap manufacturer called ECI and we didn't disappoint.  ECI technicians and managers alike braved heights, high temperatures and a daunting task but prevailed in the end.  Take a look:

 

smoke and soot cleaning smoke and soot cleaning

 smoke and soot cleaning

Mold Prevention -- Emergency Drying

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Mold and water go hand-in-hand.  One of the most common causes of mold is incomplete or improper drying after water damage resulting from flooding from a storm, a burst pipe or the failure of an appliance or heating system.  If professional drying is not started with 24 to 48 hours, mold is very likely to form and spread.

Water-Out Southern New England is the premier emergency drying company in New England, and is a sister company of Enviro-Clean, Inc.  Water-Out responds to water damage emergencies 24/7/365, and we've traveled all over the country to provide emergency drying services to clients in need.  Just a few of the places we've been:

  • Florida - Stuart, West Palm Beach, Destin, Pensacola, and Perdido Key in 2004 for Hurricanes Charlie, Frances, Jeanne and Ivan, and Santa Rosa for Hurricane Dennis in 2005
  • Mississippi - Gulfport, Waveland, Pass Christian and Bay St. Louis for Hurricane Katrina in 2005
  • Louisiana - Metarie, Gretna, Baton Rouge, LaPlace and New Orleans for Hurricanes Gustav and Katrina
  • Texas - Houston, Port Arthur and Liberty for Hurricane Ike in 2008
  • Iowa - Cedar Rapids for the floods in June 2008

The following pictures are from a commercial building in Cranston, Rhode Island.  The sprinkler system let go and flooded the building.  If you look closely you'll see that the water level in the basement is almost all the way to the ceiling!

mold prevention ri

mold prevention rimold prevention ri

Hidden Moisture? Hidden Mold!

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  • mold inspection consists of sensory perception.  Can you see mold? Smell it?  We look for sources of moisture because we know this basic truth --where there is moisture, the right temperature and an organic food source, there will be mold.  
  • The "looks dry, smells dry, feels dry" method is old school and ineffective.
  • Through the use of ever-improving technologies, our ability to find mold has taken giant leaps forward. 
  • In addition to moisture meters and boroscopes, we use FLIR Thermo Imaging, the same kind of infra-red technology used by the military and law enforcement agencies. 
  • With these high-tech cameras, we can find moisture that remains hidden behind walls and ceilings.  And that leads us right to what we're looking for -- hidden mold. 
  • Check out these pictures. The dark areas in the FLIR photos indicate moisture.  We confirmed the presence of moisture with a moisture meter. 

It looked dry, felt dry, smelled dry.  But it wasn't dry.

 

Sometimes the Problem is More Than Mold

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We all know that mold contamination negatively affects indoor air quality. In other words, when a building has a really bad odor, mold is often to blame, at least in part.  But there can be a whole host of other reasons for bad odors, and they can be pretty nasty.

Imagine a house where the garbage has piled up for months, cats or other pets run wild, and the house is infested with rodents and insects.  Get the picture?  

This is what we call "distressed property".  The house is full of e-coli and other bacteria and pathogens. Sure, there's plenty of mold throughout the house, but that may be the least of the problems. Sadly, sometimes we find elderly people living in these squalid conditions. 

Take a look at these photos.  From the second we stepped into the house, the odors just knocked us over.  

In cases like these everything has to go, and it's a dirty, difficult job.  The garbage and trash has to be removed and disposed of, along with animal waste and contaminated materials.  Then the cleaning begins. 

The process of cleaning a distressed property is not unlike our standard protocols for mold remediation.  Usually there is a lot more damage to the structure, though. Hardwood floors that have been saturated with cat urine, for example, is hard to save.

As they say, pictures are worth a thousand words.  Take a look...

 

Picture of contaminated house


 

 

House contaminated with garbage and animal feces

 

Picture of house full of trash

 

 

Top Three Causes of Mold

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People often ask me "what is the biggest cause of mold contamination in homes and commercial buildings?" The highly technical, scientific answer is "it all depends". There are a lot of factors that contribute to mold problems, but we know that there are some essential conditions without which mold has no chance: moisture, food source,  oxygen, and temperature.  So, what conditions produce the most mold problems?  Here are my Top Three Causes of Mold:

1. Poor ventilation in the attic.  Often mold in the attic isn't foundpoor ventilation causes attic mold until the house hits the market and a home inspector pokes his (or her) head up there and sees the black spots or white fuzz.  This is usually results of poor ventilation, and can be compounded by inadequate insulation or a bathroom ceiling fan vented into the attic

2. Damp and wet basements.  We all love to finish our basements, don't we? Even if we live in areas with high water tables. So, what happens?  The basement gets damp and stays damp.  And that includes wood joists, carpeting, and wall board, all excellent food sources for mold.

3. Do-It-Yourself water damage clean-up.  If you have the uncauses of moldfortunate luck of experiencing water damage from a pipe burst, hot water tank break, washing machine hose pop out or any other source of emergency water damage, call an expert in water removal and drying. They will be able to find moisture hidden behind walls and under flooring, and they will use professional equipment to dry the area properly and thoroughly. If you try to do it yourself with a wet vac,you will almost certainly leave some moisture behind.  And that's where you'll find mold later.  As you may know, insurance coverage for mold is very limited, so don't take that chance.

Do you have a a question about mold?  Get straight answers from an expert. 

questions about mold  

Case Study: Mold Found in Home

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Enviro-Clean recieved a call from a homeowner who had discovered black mold growing and spreading throughout her house. Upon inspecting the home, Eric Anderson found extensive mold growth throughout the kitchen and dining area, bathroom, and the stairwell leading to the second floor. Upon further examination he found black mold growing behind vinyl wallpaper in the finished basement, as well as in the children's toy closet. It was apparent that the mold had migrated from the basement area to other parts of the house following primary traffic patterns.

In conversations Case study of mold found in homewith the homeowner Eric learned that there had been a flood in the basement approximately 1 ½ to 2 years earlier. The homeowner submitted a claim to her insurance carrier, and received a $2,000 settlement. However, she opted to dry the wet area herself with a wet vac rather than hire a professional cleaning company.

Eric suggested that the homeowner call her insurance carrier regarding the mold problem, which she did. The insurance carrier brought in an environmental engineer who, after inspecting the premises, confirmed Enviro-Clean's findings.

Enviro-Clean was hired to remove the mold from the house which was done successfully for a total cost of $32,455. Additionally, the insurance company paid the homeowner's contractor $107,000 for follow-up repairs. (This was prior to the insurance company limiting mold coverage to $10,000.)

The moral of the story? Proper and thorough drying at the time of the flood would have saved the homeowner a great deal of anxiety and inconvenience, and would have saved the insurance carrier almost $140,000.

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