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RE: Re: Lab Report

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If this was what the remediation company went by there should be a document from the remediation company to the landlord that tells him there is a problem. If he did not get this, then he was taken by the remediation company.

If it was my building, I would definitely be 100% sure that I needed to remediate before I shelled out that much "out of pocket" cash (which he will probably get reimbursed for by his insurance company).

Write a letter to the landlord requesting all sampling data and reports from the remediation company, including a copy of the contract with the remediation company. Since you are the tenant in the suspect building there should be no legal way of withholding this information. Yes, the Freedom of Information Act means that if the information is available and not a "national security" type of document, they have to give you a copy. However, you have to request it from the person that paid for the testing, the lab is obligated by contract to provide information only to the person that paid for it, it is up to this individual to disseminate it.

Others in this group could probably shed more light on this subject than I can. I hope this helps.

E. Brad Marsh

-----Original Message-----From: Dana Gatlin [mailto:danagatlin@...]Sent: Sunday, September 08, 2002 11:10 AM Subject: [] Re: Lab Report

Subject: RE: Lab ReportBrad,

Thank you for your info. Are you saying that the Freedom of Information Act takes precedence over whoever paid for the test having "ownership" rights to the report?

In my case, it was the landlord who ordered the report at my insistence (stupid me, I was so trusting back then) and then refused to give me a copy and forbid the lab to release any info. When I went freakazoid after weeks of being jerked around, they gave me a one page document with NO numbers. It was a copy of a fax they sent to , saying that they tested for the "presence of mold and sewage microorganisms." One tape sample. No air samples. No numbers. Molds found: "penicillium, chaetomium, and others." OTHERS???? Samples taken in January, before $35K in restoration by (at least the landlord says it was that much). Would Corp really work with such a report? I tried to get it from them; same runaround about it being the property of the person whose report it is. They said I need to contact the homeowner or the insurance company. My landlord made it sound like this was all out-of-pocket; I don't know which insurance company to contact. How do I find out? I'm not thinking clearly at all. All help appreciated. ~ Dana

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