My sis in Austin bought a new house 2 and a half years ago, and she recently discovered some extensive mold damage in one of the master bathroom's cabinet tree. The plumber discovered it came from a slow leak from faulty Kitec piping that could've been leaking ever since the house was built. The plumbing and the particle board has to be taken out and further tests for leaks will have to be taken. As timing goes, the home builder's warranty expired in November, and the 10 yr general warranty doesn't cover slow leaks or mold repair. It does cover "structural damage", but I'm not sure whether this problem fits that category. My bro in law called his insurance, Farmers, and at first they were going to pay a percentage, but then called later and said they wouldn't cover anything mold related. So currently, my sis has to pay for the piping repair, taking out the the cabinet tree to repair all the damaged moldy parts, and all the surrounding work in order to carry it out. At the moment, the builder, the piping company, and the insurance company are all refusing to pay for any of this. Is there any action for this? The problem wasn't our fault. There are some lawsuits against Kitec piping in Las Vegas (that isn't going well for the plaintiffs). Does anyone have any info on them in Austin? I'm guessing the mold damage occurred well before the two year extensive builder's warranty expired. Can a successful argument be built upon that? Also, my sis also wants to take a material mold sample to test if it's harmful. There's tons of physical samples sealed up. I'd greatly appreciate any knowledge and experience in any of this. The costs and repair could run at minimum 4-5 grand.
Not to be crude, but I think your sis is screwed here. I can sympathize. I have now had three leaks in my attic show up this year alone. I started budgeting in "plumbing repairs" on my monthly spreadsheets.
I'm no expert, but there are a lot of myths about mold out there. They were perpetrated by 'mold removal' companies that would cash in on insurance policies during the 'black mold' scare. A friend's old roommate who worked for one of these companies would go out and get people to sign up for the removal used to joke about what a scam it all was. I'm not saying that your sister shouldn't be worried. Mold isn't good for people. The plumber may just be trying to take her for lots of cash. When you say 'particle board', do you mean drywall?
Yeah, the drywall and insulation needs to be replaced, plus the affected parts of the cabinet tree. My sister noticed the musky smell and further inspection lead to the leaky pipe. She's pretty sensitive to allergens so the material mold testing is for her piece of mind. What's more pressing is the repair costs and the conveniently expired warranty by 6 months. If we are screwed eating up the costs, can legal action be taken? The new house is less than three years old.
good luck, but I think you are screwed. You probably have to go through the state builder arbitration agency before you can sue. Check out http://www.trcc.state.tx.us/Policy/open_records.asp and yes they were created for the builders and not citizens. Be careful about what you test, what you find out you will have to disclose when selling. You are also probably blacklisted by farmers now.
I think "mold damages" in the state of Texas are limited to $5,000. Anyways, fix the leak, and wash down the area with a weak mixture of bleach water. Should kill any mold. Then replace drywall and trim. The water damage itself should be more of a concern than any mold. I used to have the article, from back in 2004 or 2005 where a group of Doctors and Scientists gathered in Austin to confirm whether not mold was harmful or not. I think the findings of the scientific community were that mold is an allergin, just like pet dander or pollen. It can negatively affect people that are allergic to it, but it certainly is not "toxic" to the mass of people. Also, all houses in the South have some mold, whether you see it or not. It is impossible to not have some mold in wetter climates. I also think there is a slight moral here, and most people don't do it. Every month or so, go to the parts of the house that are least lived in. Extra bathrooms, or bedrooms. Check for roof and plumbing leaks. Make sure that there isn't drywall damage on the ceiling, especially under roof flashing...and check under the trim for sink leaks. And yes, the "mold remidiation" companies were almost 100% scams that were taking advantage of a media and lawyer driven frenzy. Even "King of the Hill" did a whole show on the scam.
It's the finding plumber (who says the mold was there since the house was built) vs. the inspector (who said the house was a-OK) in a mud pit for the Mud-Wrestling championship! Who will win?
