Second lawsuit over mold may spur settlenment

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Second lawsuit over mold may spur settlenment

By CLINT WILLIAMS

The Atlanta Journal-Constitution

Published on: 11/03/05

GA.

http://www.ajc.com/metro/content/metro/cherokee/1105/03mold.html

It may take longer to fix five Cherokee County fire stations than it

did to build them.

The five multipurpose buildings — which include a community meeting

room and a Sheriff's Department office — are the subject of two

lawsuits because of mold infestation.

The Cherokee County Commission filed a lawsuit Oct. 21 against M.G.

Patton Construction Company and a lengthy list of subcontractors

charging that improper design and poor workmanship are responsible

for the mold and other damage to the buildings.

The lawsuit, filed in Cherokee County Superior Court, asks for money

to repair the buildings and to repay money spent by the county

resulting from the damage. The county's lawsuit doesn't set a price

on the damages, said county attorney Mark Mahler, " because we're

still in the process of determining what the damages are. "

The county's lawsuit follows a $60 million lawsuit filed in February

2004 by more than 40 firefighters who say they have health problems

stemming from mold contamination at Station 21 near Ball Ground,

Station 4 in Free Home and Station 12 in Waleska.

The firefighters are seeking $250,000 apiece to punish Patton and

anyone else who helped with what they say is a " cover-up, " plus

unspecified damages to compensate them for injuries.

The five stations were built by Patton between the spring of 2000

and January 2002.

The county's lawsuit charges the contractor with negligence in

allowing the buildings to fill with rainwater over seven months. The

contractors then " intentionally concealed the growth of toxic mold

in the community centers by covering the mold with primer and

paint . . . trapping the growing mold within the interior, " the

lawsuit states.

One of the five fire stations — Fire Station 21 near Ball Ground in

the northeast corner of the county — was abandoned by firefighters

in May. They moved out to allow crews to knock out a bathroom wall

to remove mold.

Repairs have yet to be completed on the building.

It may take as much as $300,000 to $400,000 to repair each of the

$1.2 million buildings, said Cherokee County Commissioner Jim

Hubbard.

The air-conditioning system of each building is inadequate, Hubbard

said, allowing high indoor humidity that encourages the growth of

mold.

Fama, the attorney representing Patton Construction,

declined to comment because he hadn't seen the lawsuit.

Larry , the Jasper attorney representing the firefighters,

said the county's lawsuit helps the case of his clients.

" The case is going to settle, " said.