Category: Legal

What’s the deal with pressure equalization versus open-cladding?

You would think that after a half century the physics of wall design would be obvious, straightforward and non-controversial. Apparently not. Folks latch onto concepts that are partially true…true in a limited sense…without appreciation of the range of applicability. As Dirty Harry Callahan would say…a wall has got to know its limitations. There has been […]

Moisture Control in Construction Prevents Expensive Litigation in Court

Mold construction defects happen. As a natural element in the environment, mold exists virtually everywhere. Soy sauce, sake, blue cheese, and penicillin are all derived from mold-imbued substances. However, when mold grows unabated in contained areas, it can sicken people who are exposed to it. Mold can trigger allergic, irritating and sometimes toxic responses in […]

Colorado Construction Defect Bill Dies In Senate

An attempt by the Colorado State legislature to improve condominium owners’ legal remedies for shoddy commercial building practices has failed. Seeking controls over access to litigation by disgruntled Condominium Home Owner Associations (HOA), SB 177 died in a House committee in late April 2015. Six Colorado legislators believed the bill unfairly limited the rights of […]

Architect and Contractor Sued for Moldy Stadium

BBB Stadium Inc. is claiming that the Winnipeg IGA Stadium is leaky, moldy, and not properly suited for year-round use. The stadium, located in Winnipeg, Manitoba, is home to the Winnipeg Blue Bombers Football Club and the University of Manitoba. Despite the stadium’s location in a high-snowfall city, the concession areas are without heat, the water and electric […]

Mold Lawsuits Against Landlords

There are so many stories about lawsuits for mold and moisture damage in buildings that a special blog called MoldBlogger: Fight Mold and Win has now surfaced online. This blog is evidence of the seriousness of the issue. Many of the cases described originate during construction when important steps to prevent leakage and moisture seepage were skipped, resulting in […]

Construction Defect Laws and Housewrap

Complaints of poor or defective construction are largely subject to a back and forth of civil actions that result in expensive suits and countersuits. The suits are usually over enforcement of builder’s warranties which may cover defects poorly. While these suits can cover a wide range of defects, moisture damage is a frequent and expensive […]

Building Design Shouldn’t Trump Moisture Issues

Even the most prestigious architects can get it wrong. In 2007, Massachusetts Institute of Technology (MIT) sued renowned architect, Frank Gehry, for design and construction defects in the $300 million dollar Stata Center on the MIT campus. Three years later, the lawsuit was resolved amicably, but the revelations regarding the failures are still instructive for […]

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