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Limiting Mold
Liability Mold needs only three things to start a thriving little community that can make a normally rational person run screaming -- a food source, some heat and a little water. Common building materials provide a veritable buffet of food sources for the microscopic menace. Drywall is a favorite since mold thrives on paper of all kinds. Heat is a constant in Las Vegas, with more than 300 sunshiny days a year. As for water... Thank your plumber for that. |
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"There are only two kinds of plumbers," Thomas
McManus said. "Those who have been sued and those who are going to be
sued." McManus is president of Environmental Health Services, a Las Vegas
based indoor air investigation and remediation company. He spoke about mold’s
effect on construction defect cases at the February 11 meeting of the Plumbing
& Mechanical Contractors of Nevada.
An industrial hygienist with 21 years experience in industrial hygiene and safety, McManus has earned degrees in chemistry and microbiology, and has become one of Nevada’s top experts dealing with indoor air issues. He investigated health complaints at the Grant Sawyer State Office Building in 1998, worked on the City of Las Vegas’ Development Services Center the next year, and did an investigation at the Environmental Protection Agency’s UNLV building last year. A true scientist, McManus shared with the plumbing association some insights into the problem of mold liability and how to protect themselves. "Within 48 hours with a food source and a water leak, you’ll have mold growing, McManus said. Since plumbers are the first on the lawyer’s hit list when it comes to mold related lawsuits, they need to be aware of what generates a mold claim and how to mitigate that exposure. The types of lawsuits being generated are mostly personal injury and construction defect. But even the folks who test and remediate mold aren’t immune to being named. There’s been a rise in the number of cases filed for negligent investigation or remediation. "Everyone is at risk," McManus said. "In the last two years, my professional liability insurance has doubled. Lawyers are suing other lawyers on mold issues. Independent of the construction defect suit, they sue the construction defect lawyer because the home isn’t fixed properly." In a storm of litigation, plumbing contractors can try to limit their liability by taking certain steps in the way they do business. "Practice within your field of expertise," McManus said. "Work by contract with waivers of indemnifications. Find and maintain adequate insurance, and don’t take any risky work." He said that walking into a hotbed of suits flying around between homeowners, builders, lawyers and anyone who had anything to do with the home isn’t a good idea. The chances are good that your name will be added to the list, regardless of the work done or actual performance. McManus also said that something needs to be done about the lax "certification" of mold experts. Although there are certain organizations such as the Indoor Air Association that offers certification based on a demanding criteria such as an examination and a pre-qualification requirement of at least one year actual field experience, McManus said that "certification" programs have multiplied in recent years. "Anybody who goes to a 2-day seminar on mold can say they’re an expert on mold," he said. Such "weekend wonders" know little about indoor air quality and less about ethics, according to McManus. "There are people out there who just want to make a buck. We need licensing of consultants." Other Association News Executive Director Sherry Hernandez reported that the association’s new building was on schedule and that the association will relocate their offices in mid-March. The apprentice training program will not join them until after the school year. Medical gas certification training classes will be held March 10 through the 13th. Certification is required for any installations utilizing medical gas. Cost is $500 per person, with the PMCN rebating back $250 of that for members. Non-PHCC members pay $750. The class features both classroom and hands-on training held at the Apprentice Training Center. Call (702) 252-0166 for more information. |
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Call (702) 615-7644 |
