It might sound ridiculous, to sue or litigate over mold. Mold seems like an easy enough problem to solve, clean it out or toss the infected areas. Unfortunately, in new constructions, mold is rarely discovered before it catastrophically penetrates into the building. Additionally, depending on the type of mold, it could be a health hazard or even have already harmed some people. Therefore, mold is quite dangerous and is a frequent subject of construction defect litigation.

You have probably heard of “black” mold. Sadly, there are many types of molds that are all dangerous. In fact, molds can become more dangerous if you are allergic or susceptible to its particular variant of spores. There are an estimated 100,000 different types of mold. Mold travels as a spore and settles on biological material wherein it slowly begins to digest and convert the material.

The most common types of mold found in commercial buildings and homes are:

• Aspergillus;
• Penicillium;
• Cladosporium;
• Stachybotrys atra; and
• Alternaria.

Mold is particularly dangerous in Florida because they primarily arise in areas that receive excessive amounts of moisture. Florida, notoriously humid and damp, is a hot spot for mold development. Most molds enter homes through floods or busted pipes. Modern homes are constructed very “tightly” thereby restricting air flow and the ability of homes to dry themselves out and naturally fight molds. As such, it is critical that homes are built well in advance.

Are you engaged in a dispute with your general or a subcontractor over mold? If you are, you may want to contact an attorney to review your options. You don’t always need to resort to a lawsuit, but it does not hurt to think offensively and prepare in case you are unable to resolve your differences. A lawyer can help you prepare and anticipate possible legal pitfalls that could leave your company vulnerable to litigation.