Hilton suing contractors over $55M mold cleanup

[Guest guest]

http://www.boston.com/dailyglobe2/117/nation/Hilton_suing_contractors_over_55M_mold_cleanup+.shtml

Hilton suing contractors over $55M mold cleanup

By Rita Beamish, Globe Correspondent, 4/27/2003

HONOLULU -- Hilton Hotels Corp. is blaming shabby design and construction for a mold infestation that has forced it to all but gut a showcase tower at its Waikiki resort, and the company wants contractors to pay for the $55 million cleanup. In the nation's latest case of a building so mold infested that it has been deemed unusable, Hilton alleges that 18 companies and individuals who built the 453-room tower failed to protect it against mold infestation. So instead of offering shiny new guest quarters to paradise seekers, the hotel conglomerate was left to empty the rooms of not only people, but beds, dressers, wallpaper, and carpeting. Hilton had touted its $95 million Kalia Tower, replete with exterior waterfalls and bronze sculptures, as ''an exciting addition to the entrance of our 22-acre resort.'' The tower is part of the beachfront Hilton Hawaiian Village, a fixture of the Waikiki beach scene, and, with more than 3,000 rooms, is the world's largest Hilton. But in a lawsuit filed last week, Hilton offered a darker look at what lurks behind the curtain. The devastating mold, the suit claims, grew from the negligence of the 18 contractors. The suit, filed in Circuit Court last Monday alleges breach of contract and defective planning, construction, design, and inspection of the tower. Hilton did not specify the amount of damages it is seeking, saying in the complaint that the amount will be determined at trial. Officials at the architectural firm of Wimberly Tong & Goo, named as a major defendant in the suit, did not return calls seeking comment. Hilton's case is not unique. Litigation across the country has resulted in settlements and judgments against builders, insurers, and building owners, including an $11 million award last year to the University of California for construction defects in student housing at UC Irvine. High humidity caused the mold to grow in the year following the Kalia Tower's May 2001 opening, the suit says. The hotel conglomerate blames the contractors for problems ranging from inadequate moisture sealant on the outside, to faulty air conditioning and air pressure systems, and an improper ''toilet exhaust system'' that leaked and overwhelmed fan coils that were supposed to pressurize the rooms and keep humid air out. The mold saga became public last July when Hilton announced closure of the tower's guest rooms because of extensive mold discovered by cleaners. The company launched a massive dumping -- carpets, drapes, and wallpaper were ripped out and thrown away along with bedding, furniture, and towels. The extent of that effort surprised University of Hawaii botany professor and mold specialist Wong, especially because Hilton had reported no mold-induced illness. Hilton had a physician survey employees, and Wong concluded that there had been a few cases of eye, nose, throat, or skin irritation but no evidence of allergic respiratory illness. Mold growing on a surface usually can be removed but poses more of a problem once embedded inside furniture or fibrous items, Wong said. Hilton spokesmen and attorneys refused to discuss the suit. ''We don't comment on litigation,'' said Marc Grossman, Hilton vice president for corporate communications. Most of the other contractors also declined comment or didn't return calls. But some said they shouldn't be included in the suit. Chong, who provided fan coil units for the tower, said he shouldn't be named in the suit because he merely represented the coil manufacturer, International Environmental Corp., supplying what engineers from Ferris & Hamig Hawaii Inc. wanted. That engineering firm went out of business and its attorney Tomita said he had no comment. ''It looks like they dragged everybody into it regardless,'' Chong said of the lawsuit. Kathy Higham, representing A-1 A-Lectricians, said her clients were blameless as well. ''All of the electrical conduits installed by A-1 A-Lectricians entered the guest rooms through the concrete floor slabs,'' thus eliminating moisture issues, she said. Molds are part of the natural environment, their reproductive spores floating invisibly in the air. To grow, they need moisture, and Hilton says its building was not adequately pressurized to keep out the humid Honolulu air. Warm air often forms condensation where it encounters air-conditioned, cooler air, thus creating a habitat for mold, said Wong. ''Air conditioning by definition lowers the temperature and the humidity. It should cut down on the molds that are in the building. But if you do it wrong, it's not going to do the job.'' Many Hawaii buildings have mold, including many Waikiki hotels, said Randy Herold, president of MoldPro, a mold consulting firm. Specialists attribute some of the problems to a trend toward tighter energy-efficient buildings that can retain moisture and lack proper pressurization to push air out rather than suck it in. But, Herold said, ''new construction if properly designed and built should not have amplified mold.'' Mold can cause allergic reactions in sensitive people, as well as irritation of the skin, eyes, nose, and throat, and asthma attacks, according to the Environmental Protection Agency. Eliminating moisture can mitigate it.

This story ran on page A4 of the Boston Globe on 4/27/2003.