Fw: Wonderful Caller-Times Article

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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_969807,00.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, PresidentHomeOwners for Better BuildingSan , TXhttp://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@... 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)