It's a moldy story that just keeps growing and growing

[Guest guest]

http://www.bizjournals.com/boston/stories/2002/07/29/newscolumn3.html

July 26, 2002

It's a moldy story that just keeps growing and growing

Bill Archambeault

And so the story grows... Mold seems to be everywhere these days, and not

just in buildings.

The problem, which some have likened to the new asbestos, is generating

quite a bit of press these days. While it may not have reached asbestos-like

proportions, it is a cause of concern for builders, architects, home

inspectors, insurers and, of course, property owners.

The Greater Boston Real Estate Board, in its July/August edition of

REsource, features a cover story titled, " Mold breeds challenges for real

estate. " And the Washington, D.C.-based National Multi Housing Council

(NMHC) late last week called on Congress to support research that will

establish public health guidelines.

Testifying at a congressional subcommittee investigating the issue, the NMHC

and the andria, Va.-based National Apartment Association said that

national standards based on scientific research are needed to protect

renters.

The groups also urged Congress to look into the effect that mold claims are

having on the insurance industry.

And, of course, there are multimillion-dollar lawsuits, which grab

everyone's attention.

Graf, a senior associate with Boston-based law firm Nixon Peabody

LLP, has consulted on several mold cases her firm has handled.

Though the Environmental Protection Agency has made mold a priority, Graf

says it's difficult for plaintiffs to win cases because there aren't any

established standards for acceptable levels. Plaintiffs who complain about

headaches, dizziness and fatigue have trouble proving their symptoms aren't

caused by something other than mold, particularly since some people are

susceptible while others aren't.

" It's difficult from the plaintiff's side, " she said. " It's difficult to

show that you didn't already have a respiratory problem. It's difficult to

show that your physical ailments are directly tied to the mold. There

haven't been any promulgated standards. "

Cases are popping up more and more, she said. Homeowners frightened by

extreme cases -- including one in which a woman had to have her house burned

because it was infested with " toxic mold " -- are putting mold on their

checklists of things to do before buying a home.

" It's been getting a lot more attention, " she said.

May, president of Cambridge-based J. May Home Inspections Inc., says

cases involving mold damage have prompted multimillion-dollar awards.

" Because of the media attention, there's been some very big lawsuits, and

people are aware that mold is a problem, " May said. " It's our recognition of

the problem that's new. "

May says he knows of a woman who walked away from a $200,000 security

deposit she'd put on a home because she realized she was allergic to the

moldy smell in the basement.

Wayne Outlaw, director of sales for Envirotech Clean Air Inc., a

Stoneham-based company that responds to mold and other environmental

problems, agreed with the NMHC that there isn't an established baseline for

what is dangerous, what is unhealthy and what is benign.

" Mold problems are not well-defined, " he said. " We, as a company, try to

educate the consumer, because there are no real definitions at this point. "

Jeff Alitz is a partner at Donovan Hatem LLP, a Boston-based law firm that

represents real estate industry clients, including cases involving mold

damage.

Alitz says " the jury is still out " on how harmful mold is. The only sure

thing, he said, is that it's a growing problem.

<snip>

BILL ARCHAMBEAULT is the real estate reporter for the Boston Business

Journal. He can be reached by e-mail at BArchambeault@....