Re: Fw: Wonderful Caller-Times Article

[Guest guest]

Yes it is true. Mann Custom Custom Homes of San was the first

homebuilder to include the FloodSopper in all of their new homes.

They should be congratulated for taking this proactive stance towards

plumbing related water damage. We are trying to get more builders to

do the same. For whatever reason the majority of them have been

reluctant to do so. Potential purchasers of new homes must ask for

the FloodStopper to be put in their homes.

The website for the FloodStopper System is www.floodstopperoftexas.com

Yours respectfully,

Rod Mc

FloodStopper Systems of Texas

>

>

>

> See the wonderful article by Ty Meighan below!

> Please pass it on to your local, state and federal elected

officials.

> " New front opened in mold war "

> " Some homeowners blame problem on building practices "

>

http://www.caller.com/ccct/local_news/article/0,1641,CCCT_811_969807,0

0.html

>

>

> Photos:TDI task force inspected this Mold Contaminated Lumber in

New Homes. 1000's more taken.

> " Some homeowners blame homebuilders' shoddy work and defective

materials for their mold problems, and they insist that the state

needs a home lemon law, which the Legislature failed to pass last

year. "

> " State Rep. Senfronia , D-Houston, suggested that shoddy

building materials might be contributing to the increase in mold

claims. ''There's some responsibility on the builder,'' she said.

>

> See the Scripps Texas Poll that asked Texans whom they blame

for the increasing number of mold claims in Texas. " Thirty percent

say water leaks/climate, 23 percent say home builders, 7 percent say

homeowners and 23 percent don't know. " " Regarding state regulation

of the home building industry, 60 percent of Texans favor that idea,

compared with 19 percent who oppose. "

> Thanks,

> Janet

>

> Janet Ahmad, President

> HomeOwners for Better Building

> San , TX

> http://www.hobb.org

>

> February 3, 2002

> " New front opened in mold war "

> " Some homeowners blame problem on building practices "

> AUSTIN - Increasing complaints of mold and faulty construction have

prompted homeowners throughout Texas to band together to push for

state regulation of the homebuilding industry.

> Some homeowners blame homebuilders' shoddy work and defective

materials for their mold problems, and they insist that the state

needs a home lemon law, which the Legislature failed to pass last

year.

> ''The home builders have no liability,'' said Janet Ahmad,

president of the San -based HomeOwners for Better

Building. ''They are not being held liable for their mistakes. That's

where a home lemon law would make them liable quickly.''

> But an official with the homebuilding industry said laws already

are in place to protect consumers.

> ''Texas Association of Builders feels strongly that homeowners have

the right to have construction problems inspected and, if necessary,

fixed quickly and professionally,'' said Gilliland, president

of the Texas Association of Builders, which has 10,000 company

members.

> ''In Texas, we currently have a law that helps the homeowner

resolve their construction problems with minimal inconvenience and

legal expenses.''

> Gilliland said the Residential Construction Liability Act provides

a standard procedure for dealing with construction defects in a

timely and orderly manner. And he insisted that homebuilders are

doing good work. ''Our members build a fine product,'' he said.

> But homeowners tell a different story. In several hearings

sponsored by the Texas Department of Insurance, homeowners across the

state expressed frustration - and outright anger at times - in

dealing with homebuilders. In some cases, homeowners have struggled

for years because of homebuilders' resistance and inaction to honor

warranties and repair defects.

> Materials that mold

> Ahmad, who created HomeOwners for Better Building in 1978, said

builders are using materials that are predisposed to mold, such as

recycled newspaper for baseboards and masonite siding. She has dozens

of photos that show shoddy work, including instances where builders

used mold-infested lumber.

> ''The mold issue, more and more everyday, is linked to new homes,''

she said.

> Driving the debate between homeowners and builders is the

skyrocketing number of mold-damage claims filed by Texas homeowners

and the costs to clean up the damage. Insurance companies say they

can't afford to pay such expenses and some have stopped offering the

standard policy in Texas.

> In November, after months of research and several public hearings,

Montemayor issued an order that allows most homeowners to keep some

protection against mold. But expensive procedures, such as air

testing and disposal of mold-contaminated items, have been eliminated

from the standard homeowners' policy.

> Neither homeowners nor insurance companies are pleased with the new

order. While some homeowners are upset with their insurance coverage,

others are increasingly targeting their homebuilder.

> Negative advertising

> Some homeowners are making their point by hanging huge banners on

their homes warning others about the homebuilder. Homeowners in

Dallas, Fort Worth and Arlington recently held a meeting at the

University of Texas at Arlington to complain of undisclosed liens,

substandard construction, cracks, plumbing and mold problems.

> Austin resident Dawn said she was forced to move her

family from their new home after just six weeks. Mold had developed

in the home from an air conditioner leak, which caused water to seep

between walls and under floors.

> She wrote a letter to state lawmakers urging officials to ''go

after the problem: builders utilizing sloppy building practices and

materials that predispose a home to mold problems.''

> Many other homeowners have written to Texas' statewide elected

officials seeking their help. But most politicians have responded

that they have no jurisdiction over the matter. ''I have followed

this issue closely and have talked to homeowners across the state,''

Gov. Rick wrote in a Nov. 26 response to one homeowner.

> But offered no help, other than to suggest that the homeowner

contact state lawmakers. ''There are many facets to this issue,''

wrote. ''Ultimately, any changes to state law must be addressed

in the Legislature.''

> Lemon law proposed

> Lawmakers are taking notice of the problem.

> State Sen. Van de Putte, D-San , introduced the

Texas Homebuyer Protection Act during the legislative session last

year. But the bill, also known as the home lemon law, never received

a hearing.

> But homeowners are stepping up their efforts to get that law passed

next session, which begins in January. Proponents of a home lemon law

say chances of passage are better in the 2003 session because of the

increasing number of complaints against builders.

> They have been meeting with lawmakers and are armed with dozens of

photos to prove their point. The law would require homebuilders to

buy back the home if the builder failed to correct a construction

defect.

> Van de Putte said she would continue pushing for the law but

insisted that it was not meant to address mold concerns. Mold cases

should be studied case by case, she said.

> ''I really think you have to look at the circumstances when talking

about mold here and make sure it's not caused by negligence on the

part of homeowners, " Van de Putte said.

> The bill is meant to address faulty construction materials and

substandard building practices, she said.

> " What we're trying to address is lack of recourse for homebuyers

once they make the most important purchase of their lives, " she

said. " You get more recourse when you buy a shirt from a department

store, " she said.

> Builders oppose the bill, saying the state's Residential

Construction Liability Law gives homeowners a means to dispute the

builder's offer and has a cap equal to the price of the home.

Homeowners say loopholes in the law make it almost impossible for

homeowners to recoup their investment.

> At a recent House Committee on Insurance hearing, State Rep.

Senfronia , D-Houston, suggested that shoddy building

materials might be contributing to the increase in mold

claims. ''There's some responsibility on the builder,'' she said.

> Many Texans agree with . The Scripps Texas Poll,

conducted in November, asked Texans whom they blame for the

increasing number of mold claims in Texas.

> Thirty percent say water leaks/climate, 23 percent say

homebuilders, 7 percent say homeowners and 23 percent don't know.

> Many favor regulation

> Regarding state regulation of the homebuilding industry, 60 percent

of Texans favor that idea, compared with 19 percent who oppose, 7

percent are neutral and 15 percent don't know

> Currently, homebuilders are not licensed or regulated in Texas.

Homeowners say contractual requirements designed by the building

industry stipulate binding arbitration as a condition for the

purchase of a home, which prevents homeowners from suing the

builder.

> They also claim that tort reform has brought about changes in

consumer laws that protect builders and tie the hands of the

homebuyer.

> But some builders in Texas are taking steps to prevent mold-related

claims. San -based Mann Custom Homes became one of the first

homebuilders in the nation to make the FloodStopper System a standard

feature. The system shuts off the supply of water to a home or

business within seconds of detecting a water leak.

> In October, Pulte Homes, which is one of the largest builders in

the Dallas-Fort Worth area, introduced a new line of homes intended

to reduce the potential for mold growth. The system includes a

heating and air conditioning system modified to bring fresh air into

the home. It also is designed to improve air circulation and control

humidity.

> Caller-Times staff writer Elder contributed to this report.

Contact Ty Meighan at 512-334-6640 or meighant@s...

> Sacramento Jury Awards More than $2.7 Million in Mold Verdict

> In one of the nation's biggest personal injury verdicts related to

mold, a Sacramento jury has awarded a local family more than $2.7

million after finding their former landlord guilty of negligence

stemming from mold in their apartment. According to a report in The

Sacramento Bee, the defendants--two local individual investors and

the company that managed the property vowed to appeal within the

allotted 70-day period. The plaintiffs Darren and Marcie Mazza, and

their son Bryce testified that they suffered from a variety of

serious health problems over nearly three years because of mold in

their rental unit at the Partridge Pointe Apartments in Sacramento.

The family reported the complex's ownership and management had

ignored their repeated complaints regarding water intrusion and mold

and had failed to properly maintain and repair their unit. The jury

was unanimous in finding the defendants Sacramento-based investors

Schurtz and Janak Mehtani and Sacramento-based Westcal

Management--liable on each of five claims, including that of

negligence. The jury also awarded the exact damages sought, totaling

just over $2.7 million. said the defense tried to argue that

the Mazzas' reported health problems stemmed from allergies to their

three cats. Rick Rodgers, the defendants' Sacramento attorney, said

his clients will be " filing standard post-trial motions seeking

relief and, assuming those are not successful, we would go forward

with a full appeal. " Jim Lofgren, executive director for the Rental

Housing Association of Sacramento Valley, commented that the verdict

would spur more mold-related personal-injury cases and cause more

insurance companies to exclude mold-related claims from their

coverage for rental property. The problem, Lofgren said, is that

landlords and management companies will be more susceptible to large

claims and investors will shy away from rental property, all of which

puts greater pressure on rents. The Mazzas' reported symptoms

included constipation, asthma, diarrhea, and severe headaches. Marcie

Mazza said those problems caused her husband, an emergency medical

technician, to miss 26 days of work and her son to miss 39 days of

school. But , who specializes in mold cases, said the jury was

convinced by the Mazzas' testimony and that of the health experts he

asked to testify. He said the verdict is significant because it sends

a clear message to landlords and their insurers--that mold-related

health problems are real and that they will be held liable. Attorneys

specializing in mold-related cases and other sources that follow such

litigation nationally said they were not aware of a bigger award in a

mold case based on personal injury. They highlighted a $32-million

jury award earlier this year in a Texas case alleging property damage

and bad-faith handling of claims by an insurer. (See related story on

top of page 9)