Construction Owners & Builders Law Blog

This weeks alert features reports from Canada, California, Florida, Georgia, Hawaii, Maryland, New Hampshire and Ohio.

General:

Cube coma or Sick cubicle?

Dilbert could be in grave danger. Older office cubicles have been noted as contributing to "sick building syndrome" as a result of the chemicals used to piece them together, most notably the particle board used as the base structural component. These cubicles have been blamed for headaches, fatigue, coughs, scratchy throats, sinus infections, and cancers. Newer cubicles are being put together in a way that results in less toxic emissions, but some would argue that the healthiest kind of office would be an office without any cubicles in it at all.Living on Earth

Florida:

Mold has infested the new, $18.9 million, engineering building currently being constructed by the University of Central Florida. Because the project was running behind schedule, workers went ahead and put the drywall up before it had dried in and the roof had been constructed. Now, after the discovery of mold, 90 percent of the dry wall has to be ripped out. WFTV

Florida Governor Jeb Bush announced his veto June 23 of state legislation that would have regulated how and by who mold is inspected in that state, stating he recognizes it is needed, just not this bill.

Massachusetts:

More problems discovered with the Big Dig. The north end of the tunnel is so raddled with construction defects that a new firm has been brought in to conduct an evaluation. Officials yesterday claimed that the tunnel is structurally sound and operable, but the defects in the north end have caused many to wonder whether or not new leaks will occur. Most defects are typically attributed to a failure to remove debris before the concrete for the walls was poured, causing vulnerable soft spots that might not hold up against groundwater pressure. On May 5, a project official claimed that all the defects in the North-End had been pin-pointed, but since then 25 new defects have been discovered, bringing the number of defects up to a grand total of 55. Big dig officials have sought this independent evaluation to determine who's to blame and what steps they should take towards repairing the defects. Last week project, officials announced that significant work will continue throughout January, reneging on their former claim that the project would be "substantially complete" by that time. Boston Globe

Pennsylvania:

The Helen A. Fort Middle School might be suffering from Sick Building Syndrome. A recent study commissioned by the school district claims that the building is fine, but a report funded by the New Jersey Education Association disagrees. A new study is being conducted to determine the status of the building. The building has had a patchy history when it comes to air quality and, although some problems were fixed in 2003 with a $700,000 grant from the state, some teachers and staff still complain attribute their health problems to the building. Burlington Times.

Masayo Quick, a recent graduate of the Dickinson School of Law, is suing Penn State University, the owner of the law school, for $25,000 in damages. Quick claims that toxic mold in her dorm room caused her to develop dermatitis, sinitus and respiratory problems that persisted and worsened throughout the course of her time in the dorm, leaving permanent scarring. She also claims that her doctors instructed her to check for signs of mold and that she "personally observed mold-covered areas of her common living area." PSU claims that mold has never been discovered in the building and that, regardless, Quick was offered alternate housing as soon as she reported her health issues and was "free to leave the student housing and find other housing on her own at any time if she found the student housing inadequate."The Sentinel Online

Alberta

The nurses on Unit 4-North of Queen Elizabeth II Hospital have long suffered health problems typically attributed to toxic mold or sick building syndrome, but recent tests suggest that their ailments may be the result of tranquilizers being covertly slipped into their food or drinks. The Globe and Mail

California:

Firefighters moved due to Mold. Firefighters assigned to Butte County Fire/CDF Station 42 have been forced to move across the street to a second floor apartment as a result of deteriorating conditions and "mold issues" in their modular building. County facilities maintenance declared the modular's condition to be too much of a health risk for the firemen to live there, although they are still allowed to operate out of the buildings offices during the daytime. This spring the Butte County Board of Supervisors authorized $200,000 to replace the old modular with a newer version. The old modular will be put to use by the Fire Training Center at Butte College.Chico Enterprise Record

Bond shutdown. Mold was discovered in 44 condominiums built for the Naval Training Center by Corky Mcmillin Construction, and the company is scrambling to make repairs. Residents of the 14 occupied condos have been moved out and their expenses paid for by the company, which estimates that the repairs won't be completed for another seven weeks. Les Leininger, vice president of McMillin construction, said "these buildings were built during last winter's record-setting rains and that was followed by a lot of humidity. It created the perfect scenario for mold." In response to the problem, City Attorney Michael Aguirre has halted a bond sale of up to $16 million.Sign On San Diego

Lawsuit. Residents of the Menifee Woodside housing tract have filed a construction defect lawsuit against the builder of the housing tract, claiming that the houses were built on soil contaminated by sludge, also called biosolids, and that the builders knew about the contamination and sold the houses anyway. Residents complain of a variety of health problems including weight loss, hair loss, and fevers. The causes of action listed by the lawsuit include liability, negligence, breach of expressed and implied warranties, misrepresentation, breach of contract by third parties, negligence due to the violation of public duty and failure to disclose problems. North County Times

Maryland:

Mold dog to the rescue. Kali, the "Eastern Shore's First Mold Dog," has been trained to sniff out a range of 18 types of toxic molds. Both Kali and her owner Warren Cooper have been certified for mold inspection and testing, by the Florida Canine Academy and the National Institute of Mold Professionals, respectively. Dogs have been used to detect mold for over twenty years now in Europe, according to the Florida Canine Academy, and can produce results much quicker and more efficiently than costly tests like meters and other devices. Also, because of the precision of mold-sniffing, owners can avoid costly demolition and damage to their homes trying to pinpoint mold colonies. Recently, Kali and Cooper have been sniffing around construction sites before the dry wall is installed in order to "find it before you seal it."Ocean Pines Independent

Gerorgia:

Senior Center shut down. Mold was discovered in the exterior walls of a county-run human services center in Buford, and the building was closed to clean up the mold an reconstruct damaged walls. So far there have been no reports of anyone becoming ill as a result of the mold. Atlanta Journal-Constitution

New Hampshire:

After a presentation by concerned parents to the Kings Mill school board concerning the discovery of mold on campus, Superintendent Chuck Mason acknowledged the problem, stating, "we know we have issues with no air conditioning in the gym. In August of last year we had mold in the auditorium basically because we cleaned the carpets and didn't dehumidify the rooms." The school district has hired Steve Waldmann as manager of business affairs to work on this problems as well as prevent similar problems in the future. Union Leader

Ohio:

Construction workers are entering the final phase of mold removal at South Londonderry Elementary School, nearly a year after mold was discovered on campus. District officials were caught by surprise by the discovery, but reacted quickly and efficiently, putting in place a plan for mold removal. The first phase of mold removal was completed nearly $400,000 under-budget. Deerfield Twp

Illinois:

Employees have been moved out of the basement of the Jackson County courthouse after the discovery of toxic mold. To make room, all public records will be moved to the basement. As of today, the Jackson County Board has not yet released a statement as to how they will deal with the mold issue. Southern Illinoisan

Hawaii:

Kahala Senior Living Community Inc. is suing Architects Hawaii Ltd. for alleged design defects in the over $100 million senior living resort that opened earlier this year. A total of 105 items have been listed as defective by Kahala Senior Living. The Attorney for Architects Hawaii, Randy Schmitt, estimates that the change orders will add up to less than a million dollars. Pacific Business News