Construction companies have to comply with the law. There are regulations that establish minimum standards for residential properties. Businesses and professionals in the construction sector also have to meet the expectations of their clients. It is common to invest a lot of time and energy into the creation of construction contracts.
Despite the best efforts of a construction company to erect safe and attractive edifices, clients may have complaints. In some cases, they may even initiate a construction defect lawsuit. A construction defect lawsuit could lead to financial consequences for a construction business or an order that forces them to redo certain work.
Clients may raise concerns about many different details of a finished construction project. They might also make complaints long after the end of the project. Is mold development at a property a sign of a construction defect?
Mold grows for many reasons
Mold development in a home is relatively common. Particularly when there is a source of moisture, mold can develop very quickly inside a property. Some people worry about the health consequences of mold inside a home, but the risks of mold exposure are the subject of much exaggeration. Most people have no long-term health consequences even if black mold is what grows inside a residential building.
Mold could develop inside or near a bathroom due to a homeowner’s failure to use fans to disperse moisture. It could grow near or under windows and doors, especially if people don’t shut the home properly during times of inclement weather. Children playing with water guns inside might introduce moisture to materials and lead to mold growth.
Mold growth can be the result of a construction defect. Such cases may involve improper waterproofing, leaky roofs or poorly-sealed windows and doors. Clients trying to hold a construction firm accountable for mold development typically need proof that an issue with the structure or the construction project is what caused the mold to grow.
How companies protect against mold-related lawsuits
There are several ways for construction companies to handle lawsuits related to mold growth. They can carefully document how the company handles each stage of construction to prove that no significant water incursion occurred. In some cases, the delay between the completion of construction and the mold complaint could help undermine the connection between the project and the mold issue. A review of the evidence brought by the client can help develop a more effective response.
Having a plan in place to respond to construction defect complaints can make a major difference for a business whose finances and reputation could be at risk. Oftentimes, proper advocacy can make all the difference for a construction company blamed for issues with a property.