Mold advice needed (SE)

Steve Ebels · May 2003

Here's the scenario. I'm currently bidding a heating/cooling job for a GC that I work with on a regular basis. The job is a resturant that he is doing for a person who also owns a large (17,000 sq ft) building which is leased to the State of Michigan. Currently this existing building is serviced by my competition, who is also bidding the resturant job so the GC wondered if I would take over maintenance of it. He's concerned about the other contractor telling him to go "float a rock" if he awards the bid to me. This would leave the building owner SOL for service on the exsisting building.

I told the GC that I would be happy to do the service on the H/C equipment in this place. Upon going to inspect it, I was mortified and shocked by the condition of the equipment and the number of problems that were evident. Obviously they have had water problems with the air handlers in the attic as there were garbage bags duct taped under 4 of the 9 units. I noticed that there was some evidence of mold (blackened plywood and drywall) where the a/h's had leaked. No secondary drainpans under anything. To top it all off the building owner is a lawyer. (GULP!)

Should I:

A. Run and thereby virtually eliminate any chance of doing the resturant job?

B. Immeadiately notify the building owner of what I found and discuss options with him?

C.Offer to do the maintenance after I have the building owner sign a legal document holding me harmless for damage already done to the building?

This really bugs me because I lost the job on the origional building to a burn and run type contractor 6 years ago when it was constructed.

BTW: Received a letter from my insurance carrier exempting them from any liability due to "fungi". In other words they don't cover me for mold.

As always I'm sure I'll get some sound advice here.

Brian (Tankless) Wood · May 2003

CYA

and choose option "C"

But inform the GC what you're doing. He'll understand.

Brian, C'ing my A in Swampland.

John R. Hall · May 2003

Steve

I've done more than few articles on the "mold topic" and would only say this: Get everything in writing. It is possible to sign a hold harmless document but make sure your own lawyer AND insurance agent look it over. Since more and more insurance carriers have dropped mold coverage, it is imperative that you protect yourself. Is one job worth your company and personal assets? Of course not. I would lean toward putting on the jogging shoes and making a dash for the door.

P.S. If you do take the job, let me have an exclusive. It might make a nice case history story for The News.

Scott25 · May 2003

mold

I suggest immediately notifing everybody and anybody that would listen to document the problem and to CYA. There are many hazards and liabilities with molds. The potential for health concerns, depending on the particular strains they are growing, can be great. I hate to mention the word legionella but it is something to consider.

If you take the job or not, first and foremost CYA. I can get you some scary info about molds and bacteria growth if it will help in explaining the huge problem that you have discovered. They should actually thank you for pointing it out!! "Whoever" can take the steps necessary to fix the problem. Good luck.

Scott

Mark Hunt · May 2003

If you type

mold into Google, you will see HUNDREDS of law firms lining up to sue the livin' begeesis out of anyone who creates a "mold issue".

There was a great article in PM a while back that documented a case where a plumber was sued for disturbing mold in a home he worked on. I will see if I can dig it up and post a link.

You should definately have a lawyer look at any CYA document you draw up.

JMO.

Mark H

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Mold advice needed (SE)

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