Re: How can I access this article?

[Guest guest]

Date: Sat, 29 Nov 2003 09:10:31 -0800 (PST)

From: Souza <katesgr8gums@...>

Subject: Re: MOLD claims resolved

How can I access this article? It won't pop up from

the link you posted.

Thanks,

Souza

--- tigerpaw2c <tigerpaw2C@...> wrote:

> MOLD claims resolved

> Rocky Mountain News, CO

Arapahoe County-based Archstone- has agreed to one of the largest mold

litigation settlements on record - an estimated $25 million tab to resolve

tenant ...

<http://www.rockymountainnews.com/drmn/business/article/0,1299,DRMN_4_2460678,00\

..html>

Mold claims resolved

Archstone- to pay $25 million to high-rise tenants

By Accola, Rocky Mountain News

November 27, 2003

Arapahoe County-based Archstone- has agreed to one of the largest mold

litigation settlements on record - an estimated $25 million tab to resolve

tenant claims arising from a beachfront high-rise in South Florida.

Under the settlement, Archstone- will reimburse 800 or more former and

current tenants for medical bills and property damage related to a suspected

mold outbreak at the luxury apartment complex in upscale Bal Harbour near

Miami.

The settlement does not include $32 million Archstone- is spending on

renovations and removal of mold from the 452-unit apartment tower it

acquired three years ago in a merger with E. Residential.

" Archstone- strongly believes the (lawsuit) could never have been

sustained, " the company said in a statement released Wednesday. " However,

given the unusual circumstances surrounding this matter . . . we believe a

settlement is the most efficient way to resolve the litigation. "

Publicly traded Archstone is one of the nation's largest real estate

investment trusts with 100,000 apartment units in 22 states.

A lawsuit filed in August 2002 by 17 current and former tenants sought

unspecified damages, alleging a faulty air conditioning system was partly to

blame for mold contamination that left carpets soggy, blackened vents with

mildew and destroyed some residents' furnishings. Tenant health complaints

included itchy eyes, severe coughing, yeast infections and migraine

headaches.

In January, a Dade County Circuit Court judge certified the lawsuit as a

class-action complaint, allowing all the building's residents and their

long-term guests since November 2000 to join in as plaintiffs.

In written summary of the case, another judge faulted Archstone- for

failing to notify prospective tenants of a mold problem or a massive cleanup

under way since the filing of the lawsuit. That judge also said it wasn't

until two weeks after the suit was filed that the company seriously

addressed the mold issue, hiring a team of 40 engineers, cleaners and an

allergist. An industrial hygiene expert hired by the company found that all

but two of the apartments needed some form of mold cleanup, according to the

judge's synopsis.

Company executives were not available for comment on the settlement

Wednesday. Spokeswoman said those authorized to comment had

left for the Thanksgiving holiday.

The actual cost of the settlement remains uncertain because some potential

plaintiffs may elect to file individual lawsuits and not join in the

class-action case, said.

Archstone- also has pending litigation against prominent Miami

architect Bernard Zyscovich, an Orlando engineering firm and a Pompano Beach

heating and air-conditioning contractor. Archstone- blames them for

mold problems allegedly caused by a bungled renovation. The breach of

contract and negligence complaint seeks $30 million in damages from the

defendants.

" As a result of the defendants' failure to provide for a means of

dehumidification and pressurization during construction, the apartment level

corridors and apartment units developed excessive humidity that led to water

damage and the growth of mold throughout the building and the individual

apartment units, " says the Archstone- complaint, filed in May.

As part of the class-action settlement, the plaintiffs' Miami law firm,

Sterns Weaver, is to receive $4 million in fees and $300,000 in expenses.

accolaj@...

or 303-892-2666

_________________________________________________________________

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[Guest guest]

I find it best to approach research the easy way.

God to www.google.com

type in the name Rocky Mountain News

you will receive many web addies

i/e www.rockymountainnews.com

which will access many of the sites within the news paper

an interesting add to this is www.insidedenver.com

the site you want is located in the archives ...

http://cfapp.rocymountainnews.com/specialreports/archives.cfm

type in " mold " in the search button