What if construction defects lead to toxic mold?

On Behalf of Dunlap Fiore, LLC |

When there are construction defects in Louisiana, there are times when a simple call to the company that built the structure or worked on it can be called to fix it and there is no dispute, no disagreement, and no need to file a lawsuit. However, there are certain issues that are dangerous and can cause injuries and illness. One that should be concerning and might warrant a legal filing is toxic mold.

If toxic mold is found and people are put in danger, the immediate perception is that a company involved in construction, repair and maintenance is responsible for it. That is not always the case and a business that is accused of causing or ignoring toxic mold must formulate a strong defense against these claims. Understanding how the law views these problems is integral to a defense.

Toxic mold can be caused by many issues and there could be numerous entities who are responsible for it. Contractors and subcontractors, architects, those who supply materials, manufacturers, and prior homeowners could all be deemed as playing a role in there being toxic mold. If a company is accused of being at fault, other entities being responsible could be a viable defense.

Companies accused of being responsible for toxic mold in a building could be faced with medical costs of the people who were impacted, cleanup and repair. If there was negligence with the party declared responsible for the toxic mold, the problem could have stemmed from a failure to adequately seal against moisture with mold resulting from it. When there was mold in the location, the property owner or seller is responsible for disclosing that to a prospective buyer.

Businesses that are confronted with allegations that their acts or failure to act led to construction defects and toxic mold should be prepared to defend against these claims and avoid the accompanying costs of a judgment against them. This will not only be a financial negative, but it can lead to the perception that they lack competence in the eyes of the community and harm the business. A law firm that is experienced in defending against allegations of construction defects and other business law matters should be contacted as soon as possible to craft a defense.