IEQ Review
November 3, 2004 Mold: Mitigate or Litigate?   Volume 1 Issue 135  
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Florida Schools Hit by Mold Lawsuits
by Tudor Hampton


McGraw-Hill Construction

Eleven lawsuits were filed against two Florida school districts March 1, claiming that mold in two schools made children sick.

The lawsuits, filed by children's families, also name architects, contractors, subcontractors and environmental consultants of schools in Sarasota and Charlotte counties. The suit claims the schools were infested with mold and mildew. The infestation was caused by negligent design and construction, including leaking HVAC systems and exteriors incapable of withstanding the region's significant rainfall, say the suits filed in both counties' circuit courts. Plaintiffs also claim school districts failed to properly remediate the infestation or fix HVAC system deficiencies.
 
A spokesman for Charlotte County schools says seven independent studies were made after one child's family complained, but none found any evidence of infestation. Officials in Sarasota County say $173,000 was spent district-wide since January 2003 to clean HVAC ducts. "We don't have a mold problem," a spokeswoman says. Plaintiffs disagree. "Mold is a statewide issue in Florida schools," says Mike Sell, spokesman for the West Palm Beach-based law firm representing plaintiffs. "Last year a grand jury in Broward County warned it was a problem."

A bill was recently introduced in the state legislature to require counties to have indoor air quality programs and HVAC system controls. Air quality is not a big issue for the state's conservative majority, says Ruth Melton, director of legislative relations for the Florida School Boards Association. But since Sarasota and Charlotte counties are both conservative, their situation "may be an impetus to push the bills forward," she says.
 

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