How to Claim for Mold due to a Construction Defect in an Apartment Building

Claiming damages for mold in an apartment building is particularly difficult because it has to be proven that the mold originated due to a construction defect and not from any other source. A successful claim for mold due a construction defect in an apartment building has to demonstrate that there was a latent defect in the construction of the property either due to poor workmanship or because the materials used in the construction of the property were of poor quality.

Mold is most often a symptom of water intrusion or poor ventilation and, left untreated, mold and the causes of mold can have serious consequences to both the value and the structural integrity of a property. To determine whether owners within an apartment building are entitled to claim compensation for property damage caused by mold, a lawyer would engage the services of an expert engineer to determine the origins of the mold.

If the origins of the mold can be attributed to a defect in construction that could have been avoided with greater care, your solicitor will start to compile a claim for mold due to a construction defect in an apartment building and use the findings of the expert engineer to support the case. However, it may not be possible to commence litigation until other avenues of resolution have been explored and exhausted.

Making a Claim for Mold due to a Construction Defect in an Apartment Building

It is unlikely that mold due to a construction defect is going to affect just a solitary property owner in an apartment building, and therefore a claim for compensation for property damage caused by mold will be made by the Property Owners Association (POA) on behalf of all the owners in the apartment complex.

Even when a well-ventilated, south-facing apartment is unaffected by the mold issues – or separate blocks of apartments are unaffected altogether – all the owners in the complex are included in the action against the property constructor because the value of their properties is likely to be affected by construction defects elsewhere on the apartment complex.

The name given to a claim for mold due to a construction defect in an apartment building brought by a POA against a property constructor is the “Calderon Process”. This process involves the POA and the property constructor attempting to resolve the mold issues by negotiation before litigation is necessary. However, if you are the owner of an apartment which is uninhabitable because of damp and poor air quality the process prior to litigation can last up to 180 days and it may not be a suitable course of action for you to be involved with.

Individual owners can speed up a claim for damages for mold in an apartment building by mold by using the Davis-Stirling Common Interest Development Act (legislation which governs compensation for property damage caused by mold). If you wish to claim damages for mold in an apartment building using this legislation, it is advisable to contact a construction defects lawyer without delay.

Time Limits for Claiming Compensation for Property Damage Caused by Mold

One of the most important reasons for contacting a construction defects lawyer as soon as possible is that limitations apply to how long after “substantial completion” you are able to claim compensation for property damage caused by mold. The fact that your apartment building is suffering from mold is not always observable within a short period of time, and it could take a particularly heavy rainfall or a ground shift before mold appears in the apartment building and is attributed to a construction defect.

Each state has its own Statute of Limitations and, depending on the state in which you live, the time limits for claiming compensation for property damage caused by mold could range from six years to ten years. If you delay claiming damages for mold in an apartment building beyond the limits allowed,  your claim will be time-barred and the property constructor will not have to accept liability, pay any compensation or repair the damage to your property.

Time limits also exist for how long after the construction defect is confirmed by an engineering expert that a “Notice of Commencement of Legal Proceedings” must be sent to the property constructor. Consequently, once mold appears in your apartment building and you believe it could be attributable to a construction defect, you should contact a lawyer in order as soon as possible in order that an inspection by an expert engineer can be organized.

Speak with us about Claiming Damages for Mold in an Apartment Building

If you believe you may have suffered property damage, a personal injury or depreciation in the value of your home due to mold, and you would like to know more about claiming damages for mold in an apartment building, you should speak with a construction defects lawyer on our construction defects information helpline and discuss the problems you are experiencing.

Once you have explained what you believe is causing the problems with your property, we will provide you with professional legal advice about claiming damages for mold in an apartment building. We shall also advise you of the inspections and procedures that need to be completed before it is possible to proceed with a claim for mold due to a construction defect in an apartment building and whether you are within your state´s Statute of Limitations for bringing legal action.

All calls to our construction defects information helpline are totally confidential, and you are under no obligation to proceed with a claim for mold due to a construction defect in an apartment building once you have spoken with us. Our aim is to guide you through the often difficult process of claiming damages for mold in an apartment building so that you are in an informed position from which to determine whether you have a claim for compensation for property damage caused by mold which is worth your while to pursue.

Claims for compensation for property damage caused by mold are often contested by the property constructor´s insurance providers and, even when claims are resolved, it may still take a long time before the construction defect responsible for the mold is repaired. Accelerate your claim for mold due to a construction defect in an apartment building by contacting our construction defects helpline today!

Disclaimer: Please note that no two claims for damages for mold in an apartment building are identical. Consequently none of the information provided above should be interpreted as legal advice or as forming a plaintiff-lawyer relationship. You should always seek independent legal advice which is relevant to your personal circumstances from a construction defects lawyer.