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Mold Legal Guide [Book] Whether or not you are a mold victim, or a present or future mold
plaintiff or mold defendant, the Mold Legal Guide will help you and
your lawyer to deal with and to survive financially the immense and
complicated legal problems arising from mold 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 mold expert Phillip
Fry [Certified Mold Inspector, Certified Mold 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
mold books that may also be of interest to you are---Mold Health Guide
and Do-It-Yourself Mold Prevention, Inspection, Testing, &
Remediation.
The price is $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 moldconsultant@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. MOLD LEGAL GUIDE Table of Contents Chapter
1 Mold lawsuits in the news1.1 Mold lawsuits up by 300% 1.2 Denver International Airport faces mold lawsuits 1.3 Mold forces cuts in hours in Tulare County Court 1.4 Mold-stricken Ed McMahon files lawsuit 1.5 Tennessee jail mold makes staffers ill; kills inmate 1.6 Mold claims spread to cars 1.7 Beware of illegal and unregistered fungicide 1.8 The reasons behind the rise in mold lawsuits 1.8.1 Population shifts 1.8.2 The rise of new buildings 1.8.3 Rising property values 1.8.4 More plumbing 1.8.5 Advances in medical science 1.8.6 Increased public awareness 1.8.7 Government action 1.8.8 Mold industry 1.8.9 Numerous successful mold litigations Chapter
2 Filing class action lawsuits2.1 What is a class action? 2.2 Class action prerequisites and legal procedure 2.2.1 Prerequisites to a class action 2.2.2 Class actions maintainable 2.2.3 Determination by order whether class action to be maintained; notice; judgment; actions conducted partially as class actions 2.2.4 Orders in conduct of actions 2.2.5 Dismissal or compromise of class action Chapter
3 Legal implications of mold contamination of HVAC systems 3.1 Sick building syndrome and IAQ lawsuits 3.2 HVAC manufacturing and design defects 3.3 Legal liability of HVAC manufacturers for mold-related injuries 3.4 Proposed HVAC design solutions Chapter
4 Possible causes of action and potential damage awards for mold contamination 4.1 Common causes of action 4.2 What is a tort? 4.3 Four elements of tort 4.4 Duties of a landlord 4.5 Legal grounds to file lawsuit against defendants 4.5.1 Negligence 4.5.2 Strict Liability 4.5.3 Breach of Warranties 4.5.4 Constructive Eviction 4.5.5 Workers Compensation 4.5.6 Failure to Disclose 4.6 How to claim workers compensation 4.7 California mold disclosure law Chapter
5 Damages recoverable in mold Cases 5.1 Diminution of value and cost to repair 5.2 Cost of remedying the defects 5.3 Personal exception rule 5.4 Personal injury 5.5 Prejudgment interest 5.6 Attorney’s fees 5.7 Punitive damages 5.8 Emotional distress damages Chapter
6 Statute of Limitations for mold cases 6.1 Purpose of statute of limitations 6.2 Delayed discovery rule 6.3 Interruption of one-year statute of limitations Chapter
7 Verdicts and settlements of mold cases 7.1 Recent published verdicts and settlements of
mold cases in California 7.2 Recent publicized old cases in other states 7.3 Legal liability of insurance companies Chapter
8 The mold-illness relationship 8.1 Hysteria or reality? 8.2 Scientific proof and the implications of legal liability 8.3 Other reports linking mold to serious health and property damage Chapter
9 Mold insurance primer9.1 Types of insurance 9.2 Traditional mold insurance 9.3 Mold insurance? or incidental mold coverage? 9.4 Review your policy carefully & understand your coverages 9.5 The basics of mold contamination insurance coverage 9.6 Property damage coverage 9.7 Third-party liability coverage 9.8 Call your insurance agent & report a suspected claim immediately 9.9 Protect all property from any further damage 9.10 Photograph, videotape and inventory all damaged property 9.11 Handling insurance claims: where to get the information 9.12 Your obligation to cooperate with insurance company investigation 9.13 Never sign anything without proper legal advice 9.14 Get a second or even third opinion regarding estimates 9.15 You don’t have to use insurer’s “approved contractors” 9.16 Get professional help if you need it 9.17 Statute of limitations 9.18 Report all unfair claim handling to your department of insurance or insurance regulator Chapter
10 Toxic mold legislation10.1 2003 toxic mold legislation 10.1.1 Illinois 10.1.2 Louisiana 10.1.3 Massachusetts 10.1.4 Montana 10.1.5 Oklahoma 10.1.6 Oregon 10.1.7 Pennsylvania 10.1.8 Rhode Island 10.1.9 Texas 10.2 Toxic mold insurance legislation 10.3 The Comprehensive Loss Underwriting Exchange (CLUE) 10.4 Reporting mold damage to your insurer 10.5 Things to consider when reporting mold problem to your insurer 10.6 Additional Living Expense (A.L.E.) Coverage 10.7 Coverage for personal items 10.8 The role of your mortgage company 10.9 Resolving disputes with an insurer or claims adjuster Chapter
11 Effectively handling mold and water damage claims 11.1 I have identified a potential water damage
claim. What should I do? 11.2 What can I expect from my insurance company when I report water damage? 11.3 What can my insurance company expect from me? 11.4 What can I do if I feel my insurance company is not being responsive? 11.5 Should I test my home if I find mold growing? 11.6 Should I move out of my home if I discover a mold problem? 11.7 I had to move out of my home. What can I expect from my insurance company regarding Additional Living Expense (ALE) coverage? 11.8 How can I control my ALE expenses? 11.9 How can I select a qualified remediator? How can I ensure the mold remediation and repair process is handled correctly and efficiently? 11.10 Should my belongings be cleaned or replaced? 11.11 What other information do I need? Chapter
12 Texas Department of Insurance suggested practices for insurers 12.1 What should the claimant expect when
reporting water damage claims? 12.2 How can the overall water damage claims handling process be improved? 12.3 Should the home be tested? 12.4 What factors should be considered when determining whether a dwelling is wholly or partially untenantable and Additional Living Expense (ALE) is necessary? 12.5 What additional information, assistance and education can the insurer provide the insured? Chapter
13 Mold in construction defect cases13.1 Is mold a construction defect? 13.2 Statute of limitations in construction defect cases 13.3 Mold-related construction defect cases Chapter
14 Real estate brokers’ rights and responsibilities 14.1 What real estate professionals must do 14.2 Conduct a reasonably diligent visual inspection 14.3 Watch for moldy conditions 14.4 Disclose any known mold problems 14.5 Incorporate mold considerations into sale and lease agreements Chapter
15 Landlord rights and responsibilities15.1 Obligations and duties of landlords 15.2 Your options if the landlord won’t make required repairs 15.2.1 Repair and deduct 15.2.2 Wait 15.2.3 Do the repair 15.2.4 Let your landlord do the repair 15.2.5 Get your money back 15.3 How many times can I do this? 15.4 Can I use repair & deduct for cosmetic purposes? 15.5 Can I use repair & deduct to put accommodation for my disability Chapter
16 Tenant rights and responsibilities16.1 What the landlord is required to do 16.1.1 Maintain facilities 16.1.2 Comply with building codes 16.1.3 Keep common areas safe 16.1.4 Keep premises in safe and habitable condition 16.2 What the tenant is required to do 16.3 Checking into your apartment or house 16.4 Renter’s insurance 16.5 Lawn upkeep 16.6 Quiet enjoyment 16.7 Repairs and mold remediation to your rental Chapter
17 Landlord and tenant disputes17.1 Withhold rent 17.2 Abandonment of lease 17.3 Small claims court 17.4 What you need to show as tenant in small claims court 17.5 Evictions 17.6 Security deposits 17.7 Landlord’s obligations during the lease 17.8 Landlord’s obligations at the end of the lease 17.9 Normal wear and tear damage 17.10 What to do if landlord unlawfully withheld excessive security deposit Chapter
18 Suing your landlord18.1 Suing your landlord under “warranty of
habitability” 18.2 Local code enforcement 18.3 Moving out –vacating your rental 18.4 Rent escrow 18.5 Landlord retaliation is illegal 18.6 How to sue your landlord 18.7 How to find the landlord –the owner of the land 18.8 Serving the right person with the court papers Chapter
19 Consumers’ home-buying and home remodeling guide19.1 What to do before you buy 19.2 Demand full disclosure 19.3 Conduct a general home inspection 19.4 Follow up 19.5 Hire a professional home inspector 19.6 Inspection: when and how it should be done 19.7 Building a new home 19.8 Home-buying FAQ 19.9 Guard yourself against poor construction work 19.10 What the new home buyer should know before close of escrow 19.11 What is binding arbitration? 19.12 Russian roulette 19.13 Just who Is really being harmed the most by the arbitration clause? Chapter
20 Insuring projects with mold coverage 20.1 How builders should manage and insure their
risks and assets 20.2 Building industry liability crisis 20.3 General liability insurance 20.4 Eight-point plan to manage your risks 20.5 What builders must do when mold and fungus arise 20.6 Mold and pollution exclusion 20.7 Subcontractor exclusion endorsements 20.8 “Discharged”, “dispersed,” and other terminologies used by courts 20.9 Is mold a “pollutant”? 20.10 New insurance language that excludes coverage for mold 20.11 New insurance products to deal with mold 20.12 CGL policies and the liability crisis 20.13 From “buyer beware” to “builder beware” 20.14 What builders must do to survive Chapter
21 The mediation alternative to lawsuits21.1 Mediation definition and overview 21.2 Who can mediate a case? 21.3 Mediate or Litigate? 21.4 Will the court make me mediate? 21.5 How do I start the mediation process? 21.6 What if mediation does not settle my case? 21.7 What is the secret to a successful mediation? 21.8 Seven (7) things your lawyer should do to succeed at mediation 21.8.1 Choose a mediator carefully 21.8.2 Prepare for mediation as if preparing for trial 21.8.3 Negotiate at a time and place it is advantageous 21.8.4 Share information strategically 21.8.5 Prepare the mediator 21.8.6 Use the mediator as a messenger 21.8.7 Seal the deal in writing Chapter
22 The dark side of arbitration22.1 The abuse of binding arbitration in
new-home contracts 22.2 The nature of binding arbitration 22.3 Lack of consumer protection for new homebuyers 22.4 History of arbitration in home contracts 22.5 Interim studies by the Texas House of Representatives 22.6 Homebuilders with arbitration clauses 22.7 Lack of an “Alternative” Dispute Resolution (ADR) system 22.8 Other available Alternative Dispute Resolution (ADR) systems 22.9 The benefits of arbitration to the homebuilding industry. 22.10 High cost of arbitration 22.11 Biased arbitrators 22.12 Exceptions to the arbitration clause 22.13 Recommendations and conclusions 22.14 Arbitration FAQs: Is binding arbitration faster, cheaper, better? 22.14.1 Is binding arbitration faster than our court system? 22.14.2 Is binding arbitration cheaper than our court system? 22.14.3 Do I have a choice to select arbitration over our court system? 22.14.4 Should I buy a new home with a mandatory arbitration clause in the contract? 22.14.5 Which builder in Texas have mandatory arbitration clause? Chapter
23 Mold victims can become medical malpractice victims 23.1 Types of medical malpractice
23.2 Damages for medical malpractice 23.3 Medical records 23.4 Limits on recoveries 23.5 Surgical injuries 23.6 Surgical injury statute of limitations Appendix A: Legal form – Tenant legal notice to landlord of |
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