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March 10, 2005 Jury Finds Homebuilder Responsible for Toxic Mold   Volume 1 Issue 150  
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Jury Finds Homebuilder Responsible for Toxic Mold
by Shellie Bailey-Shah and KATU Web Staff

Sandy, Ore. - In one of the first verdicts of its kind in the Northwest, a Beaverton homebuilder is being held accountable for a moldy house that made a Sandy family sick.

Adair Homes, Inc. is no small builder. The company typically builds about 800 houses a year in Oregon, Washington and Idaho.
 
However, in the last seven years, dozens of homeowners have filed complaints about the company in Oregon alone.
Five months after moving into their new house that was built by Adair Homes, Renee and Paul Haynes and their two young sons were forced out after getting sick from mold.

Now, three years later, Adair Homes will have to pay the Haynes family $498,418.

That was the decision by a Clackamas County jury, which decided to hold Adair Homes responsible for the health problems the Haynes family suffered as a result of living in a home with mold.

"This verdict is significant because it holds construction companies responsible when they negligently build sick buildings," said Kelly Vance, the family's attorney.

"The day we moved into the house, he (my son Michael) threw up and developed a fever," Renee told KATU News.
However, that was just the beginning. Renee and the kids suffered diarrhea and vomiting for months, all the time not knowing why.

Then, they made an accidental discovery inside one of the home's walls.
"It was just soaking wet inside the wall. I mean soaking wet," said Renee.

They called Adair Homes, but the company insisted mold was no big deal, so the family lived in the house for six more weeks until one day Renee ended up with a symptom believed to be linked to mold poisoning.

"I said to Paul one day, you're not going to believe this, but I can't feel my face," said Renee.

The Haynes family left immediately.

The home was so contaminated that the family has not been inside since they moved out two and a half years ago.



Their furniture and belongings still remain inside the house, but even worse, the kids are suffering long-term effects.

Liam's speech was delayed two years and Michael is having trouble in school.

"They're both in occupational therapy. They're both in special education classrooms," said Renee. "Even when they are physically at 100 percent, time has been lost."



Despite the jury's award, Adair Homes may appeal.

In the meantime, the Haynes family has mounting legal bills and two mortgages they are struggling to pay.

They say they will probably declare bankruptcy by the end of the month.

"It's worth it because hopefully it won't happen to someone else," said Renee. "Hopefully, Adair will be more responsible, do a better job and be careful."

The Haynes family has moved back into their old house on the same lot.

They hope to eventually burn down the moldy house and build again.

Note: KATU News tried to contact Adair Homes on Monday, but no one was available to comment. 

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