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Fire & Water - Cleanup & Restoration

Mold Growth in Your Rental Building? You May Be Able To Sue

7/24/2019 (Permalink)

Mold damage in commercial building

Mold Growth in Your Rental Building? You May Be Able To Sue

Mold can cause extensive and costly damage to commercial buildings and the property within them, so much so that mold insurance claims may not be enough to cover the cost of losses. If a mold remediation specialist recently discovered widespread mold damage in your Westmoreland Heights, TN, building, you may wonder if you can recover your losses via a lawsuit. The good news is, you can. In cases involving mold in commercial buildings, one of four entities may be held liable:

  • The commercial landlord
  • Contractors
  • Structural engineers
  • Architects

Which entity you may sue all depends on the cause of the mold growth.

When To Sue Your Commercial Landlord

Under common laws and many state laws, residential landlords are obligated to provide tenants with units that are safe to live in. Though commercial landlords have no such duty, some states require that buildings be fit for their intended use. If your state is one of these states, and if the mold interferes with your business operations, you may be able to sue your landlord and recover outside of mold insurance claims.

When To Sue a Contractor, Engineer or Architect

Depending on the cause of the mold growth, you may be able to sue the contractor who built the building. Recovering outside of a mold claim may be possible if your new or renovated building develops a water leak or if the contractor used improper materials or techniques to build the structure.
The architect or engineer may be held liable if the building was improperly designed. For instance, if the design allowed moisture to enter or accumulate in the building, you may allege that said design encouraged mold growth and lead to the destruction of your personal property.
Typically, if your commercial building develops mold, you would first resort to mold insurance claims. However, if a mold remediation specialist determines that the cost of damage exceeds what you would be able to recover via a mold claim, you may want to discuss your legal options with an attorney.

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