Construction Defect Litigation: Mold and Asbestos Issues

On behalf of Smith Jadin Johnson, PLLC posted on Wednesday, May 2, 2018.

Your home is probably the biggest and most exciting investment you will make in your lifetime.  To help protect this investment, contractors who do work on your home in Minnesota are required to provide certain services.  These include (1) completing the work property; (2) providing certain statutory warranties; (3) building to code; and (4) creating a habitable temperature-controlled environment.  Most builders are required to remedy most issues and if they do not, homeowners may have a legal remedy in the form of a lawsuit.

Asbestos

Starting in the 1950s, Asbestos was widely used for insulation due to its cheap and useful nature.  However, in the 1980s, many people who lived in buildings with asbestos began experiencing health issues.  It is now well established that asbestos causes health problems when it is ingested, usually through breathing in particles that exist in the air.  Diseases that people can get from asbestos include lung cancer and mesothelioma—which can sometimes lead to death in a matter of mere months.  Please see a physician if you believe you may have been exposed to asbestos.

Contractors working on buildings that contain asbestos must take special precautions not to release any of the material in to the air and have special equipment and clean-up materials.  They must quarantine the site with tarps that trap in the dust particles and have special hoses to dampen the air and filters that trap the asbestos to separate it from the clean air.

In Minnesota, contractors employ Individual Asbestos Certified people to review projects and make sure that they are all clear from asbestos. If the site is contaminated, the medical consequences could be dire. In those situations, the legal system may be the best remedy to obtain justice.

Mold

Given Minnesota’s consistently wet nature (whether from our 10,000 lakes or snow storms), there are lots of opportunities for moisture, mildew, and mold to appear on buildings or places you would not expect. There are also other causes of mold including poor finishing, exposure, or infestation.

If mold gets out of hand, it is a threat to the residents in the building. Mold and mold dust is a problem in several ways: it can damage electrical wires, it can weaken the foundation of a buildings, or it can also be a medical issue for the residents of the buildings.  If you suspect you have a mold issue in your house, it is important to hire a professional to find the source of the mold and help determine if it is causing any problems.  If the problems were caused by your contractor, they may be liable for this problem and the legal system may be the best remedy to obtain justice.

Smith Jadin Johnson, PLLC is a leading boutique Minnesota law firm. The partners have deep experience helping litigants with their construction issues and have many years of experience cases for their clients. They will fight to get justice and not stop until it is achieved. For more information, please contact us.