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The presence of toxic mold could mean negligence

When you move into a newly-built California home, decorating, buying new furniture and changing the address on your drivers’ license may top the priority list. One of the last things you expect is that your new home is making you sick. At Tsao-Wu & Yee LLP, we have expertise representing clients who file a construction defect claim against their home builder as a result of mold.

Common mold grows in areas with moisture, poor ventilation. In Northern California, this means that it can thrive virtually anywhere. FindLaw reports that toxic mold often suggests a construction defect. Regardless of type, its presence causes a wide range of health issues from flu-like symptoms and headaches to skin irritation. Removal typically necessitates the removal and destruction of all infected materials, from flooring and furniture to drywall.

Negligence, failure to disclose or breach of warranty are often the basis for claims. Damage awards can include more than structural restoration and the cost of cleanup. They may cover medical expenses and compensation for the time needed away from work for recovery from injuries caused by the mold. Toxic mold lawsuits often implicate several defendants. They may encompass many causes and require specialized scientific and medical expertise.

Due to the complex nature of these claims, most homeowners settle before it goes to trial. A settlement can sidestep the uncertainty of a jury, minimizing costs for all parties. However, if there is even a glimmer of doubt that the builder or subcontractors were at fault, a significant reduction of the settlement amount is possible. Visit our webpage for more information on this topic.

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