Mould Legal Guidebook

Mould Legal Guide Book

Whether or not you are a mould victim, or a present or future mould plaintiff or mould defendant, the Mould Legal Guide will help you and your lawyer to deal with and to survive financially the immense and complicated legal problems arising from mould issues that are commonly arising in today's lawsuit-crazy world in such business relationships as: landlord and tenant, employer and employee, property seller and buyer, realtor/real estate agent and seller or buyer, mortgage lender and debtor, home builder and buyer, and contractor and customer. The book's very detailed Table of Contents is included at the bottom of this page. This very helpful book is co-written by mould expert Phillip Fry [Certified Mould Inspector, Certified Mould Contractor, Certified Environmental Inspector, Certified Home Inspector, and formerly with the U.S. Public Health Services National Institutes of Health, and formerly a hospital and medical center administrator], and by Edward Dy, L.L.B. and webmaster of two legal information websites. Two other mould books that may also be of interest to you are---

*** Mould Health Guide and *** Do-It-BEST-Yourself Mould Prevention, Inspection, Testing, & Remediation.

The price is US$15.00 non-refundable. There is no shipping cost because this in depth book is delivered to you ONLY by email attachments. After you have placed your book order, please email envirodangers@yahoo.com with your choice as to your preferred email address for book delivery. Please allow at least one or two business days [Monday through Friday] to receive your book by email attachments.

MOULD LEGAL GUIDE Table of Contents

Chapter 1 Mould lawsuits in the news	101

1.1 Mould lawsuits up by 300%	102
1.2 Denver International Airport faces mould lawsuits	103
1.3 Mould forces cuts in hours in Tulare County Court	104
1.4 Mould-stricken Ed McMahon files lawsuit	105
1.5 Tennessee jail mould makes staffers ill; kills inmate	106
1.6 Mould claims spread to cars	107
1.7 Beware of illegal and unregistered fungicide	109
1.8 The reasons behind the rise in mould lawsuits	109
1.8.1 Population shifts	110
1.8.2 The rise of new buildings	110
1.8.3 Rising property values	110
1.8.4 More plumbing	110
1.8.5 Advances in medical science	110
1.8.6 Increased public awareness	111
1.8.7 Government action	111
1.8.8 Mould industry	111
1.8.9 Numerous successful mould litigations	111
Chapter 2 Filing class action lawsuits	201
2.1 What is a class action?	201
2.2 Class action prerequisites and legal procedure	201
2.2.1 Prerequisites to a class action	201
2.2.2 Class actions maintainable	201
2.2.3 Determination by order whether class action to be maintained; notice; judgment; actions conducted partially as class actions	202
2.2.4 Orders in conduct of actions	203
2.2.5 Dismissal or compromise of class action	203
Chapter 3 Legal implications of mould contamination of HVAC systems	301
3.1 Sick building syndrome and IAQ lawsuits	301
3.2 HVAC manufacturing and design defects	302
3.3 Legal liability of HVAC manufacturers for mould-related injuries	303
3.4 Proposed HVAC design solutions	303
Chapter 4 Possible causes of action and potential damage awards for mould contamination	401
4.1 Common causes of action	401
4.2 What is a tort?	402
4.3 Four elements of tort	402
4.4 Duties of a landlord	403
4.5 Legal grounds to file lawsuit against defendants	403
4.5.1 Negligence	404
4.5.2 Strict Liability	404
4.5.3 Breach of Warranties	405
4.5.4 Constructive Eviction	405
4.5.5 Workers Compensation	405
4.5.6 Failure to Disclose	406
4.6 How to claim workers compensation	407
4.7 California mould disclosure law	408
Chapter 5 Damages recoverable in mould Cases	501
5.1 Diminution of value and cost to repair	501
5.2 Cost of remedying the defects	501
5.3 Personal exception rule	501
5.4 Personal injury	502
5.5 Prejudgment interest	502
5.6 Attorney’s fees	502
5.7 Punitive damages	503
5.8 Emotional distress damages	503
Chapter 6 Statute of Limitations for mould cases	601
6.1 Purpose of statute of limitations	601
6.2 Delayed discovery rule	601
6.3 Interruption of one-year statute of limitations	602
Chapter 7 Verdicts and settlements of mould cases	701
7.1 Recent published verdicts and settlements of mould cases in California	701
7.2 Recent publicized old cases in other states	702
7.3 Legal liability of insurance companies	703
Chapter 8 The mould-illness relationship	801
8.1 Hysteria or reality?	801
8.2 Scientific proof and the implications of legal liability	802
8.3 Other reports linking mould to serious health and property damage	803
Chapter 9 Mould insurance primer	901
9.1 Types of insurance	901
9.2 Traditional mould insurance	902
9.3 Mould insurance? or incidental mould coverage?	903
9.4 Review your policy carefully & understand your coverage's	903
9.5 The basics of mould contamination insurance coverage	904
9.6 Property damage coverage	905
9.7 Third-party liability coverage	906
9.8 Call your insurance agent & report a suspected claim immediately	906
9.9 Protect all property from any further damage	907
9.10 Photograph, videotape and inventory all damaged property	907
9.11 Handling insurance claims: where to get the information	908
9.12 Your obligation to cooperate with insurance company investigation	908
9.13 Never sign anything without proper legal advice	910
9.14 Get a second or even third opinion regarding estimates	910
9.15 You don’t have to use insurer’s “approved contractors”	911
9.16 Get professional help if you need it	911
9.17 Statute of limitations	911
9.18 Report all unfair claim handling to your department of insurance or insurance regulator	912
Chapter 10 Toxic mould legislation	1001
10.1 2003 toxic mould legislation	1001
10.1.1 Illinois	1001
10.1.2 Louisiana	1001
10.1.3 Massachusetts	1001
10.1.4 Montana	1001
10.1.5 Oklahoma	1002
10.1.6 Oregon	1002
10.1.7 Pennsylvania	1002
10.1.8 Rhode Island	1002
10.1.9 Texas	1002
10.2 Toxic mould insurance legislation	1003
10.3 The Comprehensive Loss Underwriting Exchange (CLUE)	1008
10.4 Reporting mould damage to your insurer	1008
10.5 Things to consider when reporting mould problem to your insurer	1009
10.6 Additional Living Expense (A.L.E.) Coverage	1009
10.7 Coverage for personal items	1010
10.8 The role of your mortgage company	1010
10.9 Resolving disputes with an insurer or claims adjuster	1010
Chapter 11 Effectively handling mould and water damage claims	1101
11.1 I have identified a potential water damage claim. What should I do?	1102
11.2 What can I expect from my insurance company when I report water damage?	1103
11.3 What can my insurance company expect from me?	1104
11.4 What can I do if I feel my insurance company is not being responsive?	1104
11.5 Should I test my home if I find mould growing?	1105
11.6 Should I move out of my home if I discover a mould problem?	1106
11.7 I had to move out of my home. What can I expect from my insurance company regarding additional Living Expense (ALE) coverage?	1106
11.8 How can I control my ALE expenses?	1107
11.9 How can I select a qualified remediator? How can I ensure the mould remediation and repair process is handled correctly and efficiently?	1107
11.10 Should my belongings be cleaned or replaced?	1108
11.11 What other information do I need?	1109
Chapter 12 Texas Department of Insurance suggested practices for insurers	1201
12.1 What should the claimant expect when reporting water damage claims?	1201
12.2 How can the overall water damage claims handling process be improved?	1202
12.3 Should the home be tested?	1203
12.4 What factors should be considered when determining whether a dwelling is wholly or partially	1203
12.5 What additional information, assistance and education can the insurer provide the insured?	1204
Chapter 13 Mould in construction defect cases	1301
13.1 Is mould a construction defect?	1301
13.2 Statute of limitations in construction defect cases	1301
13.3 Mould-related construction defect cases	1302
Chapter 14 Real estate brokers’ rights and responsibilities	1401
14.1 What real estate professionals must do	1401
14.2 Conduct a reasonably diligent visual inspection	1401
14.3 Watch for moldy conditions	1402
14.4 Disclose any known mould problems	1403
14.5 Incorporate mould considerations into sale and lease agreements	1404
Chapter 15 Landlord rights and responsibilities	1501
15.1 Obligations and duties of landlords	1501
15.2 Your options if the landlord won’t make required repairs	1502
15.2.1 Repair and deduct	1502
15.2.2 Wait	1503
15.2.3 Do the repair	1503
15.2.4 Let your landlord do the repair	1503
15.2.5 Get your money back	1503
15.3 How many times can I do this?	1504
15.4 Can I use repair & deduct for cosmetic purposes?	1504
15.5 Can I use repair & deduct to put accommodation for my disability	1504
Chapter 16 Tenant rights and responsibilities	1601
16.1 What the landlord is required to do	1601
16.1.1 Maintain facilities	1601
16.1.2 Comply with building codes	1602
16.1.3 Keep common areas safe	1602
16.1.4 Keep premises in safe and habitable condition	1602
16.2 What the tenant is required to do	1603
16.3 Checking into your apartment or house	1604
16.4 Renter’s insurance	1605
16.5 Lawn upkeep	1605
16.6 Quiet enjoyment	1605
16.7 Repairs and mould remediation to your rental	1606
Chapter 17 Landlord and tenant disputes	1701
17.1 Withhold rent	1701
17.2 Abandonment of lease	1701
17.3 Small claims court	1701
17.4 What you need to show as tenant in small claims court	1702
17.5 Evictions	1703
17.6 Security deposits	1703
17.7 Landlord’s obligations during the lease	1703
17.8 Landlord’s obligations at the end of the lease	1704
17.9 Normal wear and tear damage	1704
17.10 What to do if landlord unlawfully withheld excessive security deposit	1705
Chapter 18 Suing your landlord	1801
18.1 Suing your landlord under “warranty of habitability”	1801
18.2 Local code enforcement	1801
18.3 Moving out –vacating your rental	1802
18.4 Rent escrow	1802
18.5 Landlord retaliation is illegal	1802
18.6 How to sue your landlord	1802
18.7 How to find the landlord –the owner of the land	1803
18.8 Serving the right person with the court papers	1804
Chapter 19 Consumers’ home-buying and home remodeling guide	1901
19.1 What to do before you buy	1901
19.2 Demand full disclosure	1902
19.3 Conduct a general home inspection	1902
19.4 Follow up	1902
19.5 Hire a professional home inspector	1902
19.6 Inspection: when and how it should be done	1903
19.7 Building a new home	1904
19.8 Home-buying FAQ	1904
19.9 Guard yourself against poor construction work	1906
19.10 What the new home buyer should know before close of escrow	1907
19.11 What is binding arbitration?	1911
19.12 Russian roulette	1912
19.13 Just who Is really being harmed the most by the arbitration clause?	1913
Chapter 20 Insuring projects with mould coverage	2001
20.1 How builders should manage and insure their risks and assets	2002
20.2 Building industry liability crisis	2002
20.3 General liability insurance	2003
20.4 Eight-point plan to manage your risks	2004
20.5 What builders must do when mould and fungus arise	2006
20.6 Mould and pollution exclusion	2008
20.7 Subcontractor exclusion endorsements	2009
20.8 “Discharged”, “dispersed,” and other terminologies used by courts	2010
20.9 Is mould a “pollutant”?	2011
20.10 New insurance language that excludes coverage for mould	2012
20.11 New insurance products to deal with mould	2012
20.12 CGL policies and the liability crisis	2013
20.13 From “buyer beware” to “builder beware”	2013
20.14 What builders must do to survive	2014
Chapter 21 The mediation alternative to lawsuits	2101
21.1 Mediation definition and overview	2101
21.2 Who can mediate a case?	2102
21.3 Mediate or Litigate?	2102
21.4 Will the court make me mediate?	2102
21.5 How do I start the mediation process?	2103
21.6 What if mediation does not settle my case?	2103
21.7 What is the secret to a successful mediation?	2103
21.8 Seven (7) things your lawyer should do to succeed at mediation	1701
21.8.1 Choose a mediator carefully	1701
21.8.2 Prepare for mediation as if preparing for trial	1702
21.8.3 Negotiate at a time and place it is advantageous	1703
21.8.4 Share information strategically	1704
21.8.5 Prepare the mediator	1705
21.8.6 Use the mediator as a messenger	1706
21.8.7 Seal the deal in writing	1707
Chapter 22 The dark side of arbitration	2201
22.1 The abuse of binding arbitration in new-home contracts	2201
22.2 The nature of binding arbitration	2201
22.3 Lack of consumer protection for new homebuyers	2202
22.4 History of arbitration in home contracts	2204
22.5 Interim studies by the Texas House of Representatives	2205
22.6 Homebuilders with arbitration clauses	2206
22.7 Lack of an “Alternative” Dispute Resolution (ADR) system	2208
22.8 Other available Alternative Dispute Resolution (ADR) systems	2208
22.9 The benefits of arbitration to the homebuilding industry.	2209
22.10 High cost of arbitration	2210
22.11 Biased arbitrators	2211
22.12 Exceptions to the arbitration clause	2212
22.13 Recommendations and conclusions	2212
22.14 Arbitration FAQs: Is binding arbitration faster, cheaper, better?	2213
22.14.1 Is binding arbitration faster than our court system?	2213
22.14.2 Is binding arbitration cheaper than our court system?	2213
22.14.3 Do I have a choice to select arbitration over our court system?	2214
22.14.4 Should I buy a new home with a mandatory arbitration clause in the contract?	2214
22.14.5 Which builder in Texas have mandatory arbitration clause?	2214
Chapter 23 Mould victims can become medical malpractice victims	2301
23.1 Types of medical malpractice	2301
23.2 Damages for medical malpractice	2302
23.3 Medical records	2302
23.4 Limits on recoveries	2302
23.5 Surgical injuries	2302
23.6 Surgical injury statute of limitations	2303

Appendix A: Legal form – Tenant legal notice to landlord of mould infestation	2401
Appendix B: Legal Form – Tenant legal notice to landlord that tenant is withholding rent	2403
Appendix C: Legal form – Tenant legal notice to vacate	2405
Index	2501
Do-It-Best-Yourself Mold Solutions Phil can help you fix your own property’s mold problems at low-cost, more safely, and better-in- results than what is done by many mold inspectors and mold contractors. *How can Phil help you?* 1. Read Phil’s five plain-English, mold advice books to master mold inspection, testing, removal, remediation, and prevention for your house, condo, apartment, office, or workplace. 2. Buy do-it-yourself, affordable mold test kits, mold lab analysis, video inspection scope, mold cleaner, and mold killer, for the successful toxic and household mold inspection, mold testing, mold species identification and quantification, mold cleaning, mold removal, and mold remediation to find mold, kill mold, clean mold, and remove mold from your residence or commercial building. 3. *Get FREE* mold advice, mold help, and/or answers to your mold questions, by emailing mold expert Phillip Fry at envirodangers@yahoo.com.** You can also email pictures of your mold problems in jpeg file format as email attachments.

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