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Couple takes homebuilder to court Last updated Mar 3 2004 08:26 AM EST

_CBC News_ (http://www.cbc.ca/news/credit.html)

OTTAWA – An Ottawa couple is suing a local builder for $2 million over mould

in their new home, but they face a long wait for their day in court.

Somerville and her husband Alan Greenberg bought a new house in August

2000 from Ashcroft Homes.

They moved to an apartment last October, after Somerville was diagnosed with

asthma and sick building syndrome.

They blame Ashcroft for their hardship.

Somerville hoped to host parties in her dream home. Instead, when she

gives a tour she wears what looks like a hazardous-materials suit with a gas

mask.

She says the suit is to protect her from breathing in mould spores, or

taking them away on her clothes.

Her doctor believes mould is what gave her coughing fits and itchy eyes when

she lived there, and it's why she moved away.

" I was afraid, and we were afraid, if I continued, just how bad my health

might get. "

Somerville and her husband claim in court documents that their home had

defects: a flaw that let water into the basement, and a heating and ventilation

system that's too small for the house.

* AUDIO: _CBC reporter Burgess looks at the story of

Somerville and Alan Greenberg_

(http://ottawa.cbc.ca/clips/Ottawa/ram-audio/homemould20040303.ram) , in

conversation with Ottawa Morning host Germain

[Runs 9:20]

They say those defects led to mould.

Their case goes to court next September.

But Somerville fears rent and lawyers will drive them into bankruptcy before

then.

They were hoping their MPP could get them an earlier court date. But Jim

says politicians can't intervene in the courts.

And he says the backlog that's caused the delay is the purview of the

attorney general.

It would be his responsibility to deal with the backlog in the court system,

and he's certainly expressed comment on that in the past.

Somerville says she has no hope that mediation with Ashcroft will end their

dispute sooner.

In court documents, Ashcroft says it delivered the home Somerville and her

husband were entitled to.

The head of the company, Choo, says he won't talk about the house

while the matter is before the courts.

But Choo says mould generally happens because of something in the way a

homeowner uses the home.

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Somewhere in the old messages is a story I tell about a brand new

house that had the sheetrock painted with water based paint and was

still wet.

The house gave me " mold hits " which surprised me since the house was

barely even finished and I suspected the paint may have activated

spores incorporated into the paper backing on the sheetrock.

I didn't believe that paint was the problem since I've used similar

paints without getting a " hit " so I took samples of sheetrock and put

them in plastic ziplock bag with a little distilled water.

The paper backing lit up uniformly with mold.

Lots of new houses out there.

Lots of new sheetrock full of mold spores.

Lots of fresh paint.

I predict lots of lawsuits.

-

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> Somewhere in the old messages is a story I tell about a brand new

> house that had the sheetrock painted with water based paint and was

> still wet.

> The house gave me " mold hits " which surprised me since the house

was

> barely even finished and I suspected the paint may have activated

> spores incorporated into the paper backing on the sheetrock.

> I didn't believe that paint was the problem since I've used similar

> paints without getting a " hit " so I took samples of sheetrock and

put

> them in plastic ziplock bag with a little distilled water.

> The paper backing lit up uniformly with mold.

>

> Lots of new houses out there.

> Lots of new sheetrock full of mold spores.

> Lots of fresh paint.

>

> I predict lots of lawsuits.

> -

Unfortunately one problem when building is they let the wood sit

there in the rain, etc and is wet when they use it to build. We have

a club house where I live and they started it 2 years ago. It sat

there for two winters in the elements and we had the worst two years

of rain and floods. They didn't do anything the entire summer last

year. I heard they were having an inspection and all of a sudden you

see a lot of workers trying to finish this clubhouse. I can remember

I called the county last year because it was sitting there with black

stuff all over the wood and then they quickly added stucco over top

of the black problably mold. It is crazy since the people that own

the complex are very large contractors in my state.

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People are so unaware. That is the problem. After a friend donated

extra wood for me to make a walkway for myself in the attic which

was particle board and smelled strongly of formaldehyde, another

friend said he had some plywood I could have. He cut it to sizes

for walkway and brought it over and it was all covered with mold. I

didn't know what to say. Some sheets were almost totally black all

over, some had some gray areas that were probably just weathered.

He said it was wood from a toolshed he had built and then bought a

prebuilt one instead so was taking it apart anyway. Apparently he

had made toolshed out of plywood and didn't treat it or paint it or

anything. When he described it I asked if it was moldy since it

sounded like it was plain wood that had been outside for quite

awhile but he said no it wasn't. So it was second time I put whole

load of wood out to trash that were gifts from people. I'm going to

loose friends. I explain, however I wonder if they really

understand.

> > Somewhere in the old messages is a story I tell about a brand

new

> > house that had the sheetrock painted with water based paint and

was

> > still wet.

> > The house gave me " mold hits " which surprised me since the house

> was

> > barely even finished and I suspected the paint may have

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people don't understand at all, barb..... & i run into the same thing. its

sad-- & i just HOPE it doesn't happen to them, as well.

take care,

v.

[] Re: Canadian Mold Problem

People are so unaware. That is the problem. After a friend donated

extra wood for me to make a walkway for myself in the attic which

was particle board and smelled strongly of formaldehyde, another

friend said he had some plywood I could have. He cut it to sizes

for walkway and brought it over and it was all covered with mold. I

didn't know what to say. Some sheets were almost totally black all

over, some had some gray areas that were probably just weathered.

He said it was wood from a toolshed he had built and then bought a

prebuilt one instead so was taking it apart anyway. Apparently he

had made toolshed out of plywood and didn't treat it or paint it or

anything. When he described it I asked if it was moldy since it

sounded like it was plain wood that had been outside for quite

awhile but he said no it wasn't. So it was second time I put whole

load of wood out to trash that were gifts from people. I'm going to

loose friends. I explain, however I wonder if they really

understand.

> > Somewhere in the old messages is a story I tell about a brand

new

> > house that had the sheetrock painted with water based paint and

was

> > still wet.

> > The house gave me " mold hits " which surprised me since the house

> was

> > barely even finished and I suspected the paint may have

FAIR USE NOTICE:

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Person who cut and brought wood that was moldy, seemed a little put

out that I wasn't going to use it. Problem makes you feel isolated

when people don't understand and it is an ongoing problem.

> > > Somewhere in the old messages is a story I tell about a

brand

> new

> > > house that had the sheetrock painted with water based paint

and

> was

> > > still wet.

> > > The house gave me " mold hits " which surprised me since the

house

> > was

> > > barely even finished and I suspected the paint may have

>

>

>

>

>

>

> FAIR USE NOTICE:

>

>

>

>

>

> -------------------------------------------------------------------

-----------

>

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Guest guest

AMEN!

ME

[] Re: Canadian Mold Problem

Person who cut and brought wood that was moldy, seemed a little put

out that I wasn't going to use it. Problem makes you feel isolated

when people don't understand and it is an ongoing problem.

> > > Somewhere in the old messages is a story I tell about a

brand

> new

> > > house that had the sheetrock painted with water based paint

and

> was

> > > still wet.

> > > The house gave me " mold hits " which surprised me since the

house

> > was

> > > barely even finished and I suspected the paint may have

>

>

>

>

>

>

> FAIR USE NOTICE:

>

>

>

>

>

> -------------------------------------------------------------------

-----------

>

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