Article published Jan 19, 2007

A 2004 lawsuit filed by a Marion Township family forced from their newly constructed $374,000 home because of toxic mold against a Brighton building company has been settled.

Tom and Kimberly Szymczak settled their lawsuit Jan. 5 against A&T Development Inc. for $775,000, according to Living-ston County Circuit Court records.

The Szymczaks claimed the building company fraudulently misrepresented the quality of their Black Eagle Valley subdivision home, which had a faulty roof and gutters that allowed rain to seep into walls and floors, causing the mold.

A&T owner Andrew Tonk-ovich, whose company was responsible for the warranty on the home, was not found personally liable, his attorney, Ken Burchfield, said Wednesday.

"He fought the battle long and hard because he felt he did not have personal responsibility, but as a reputable builder ... he felt he should do the responsible thing," Burchfield said.

Burchfield said the roofing and gutter subcontractors had already settled claims with the Szymczaks, who had also earlier dropped their claims regarding their health issues, if any, from the situation.

Efforts to reach the Szymczaks, who have since relocated to Indianapolis, and their attorney were unsuccessful.
A&T's attorney, Robert Holt Jr., did not return messages seeking comment.

The Szymczaks moved into the four-bedroom brick home in May 2003. They had spent 10 months in their home before abandoning it due to toxic mold.

Six days after the family, including two children who were then 3 years old and 18 months, moved in, they awoke to "severe damage" caused by rain that had seeped into the walls and floors due to a faulty roof, according to court records.

The family hired an environmental company that determined mold had damaged the home. At the time, damage was estimated at $24,381, according to court records.

During reconstruction, a mold remediation company identified various types of airborne and surface mold growing within the walls, including aspergillus, which causes pulmonary infections and allergies; Stachybotrys, also known as toxic black mold; and various strains of chaetomium, which can cause neurological damage.

The Szymczaks abandoned the home and their personal belongings.

Burchfield said subsequent tests indicate the air quality inside the home is no different than the air quality outside the home.

However, Tonkovich and the company's attorney told the Szymczaks "to put your number on it that you believe justifies the economic loss" because the insurance coverage would not satisfy the claim, Burchfield said. The Szymczaks came up with the final settlement figure, he noted.

"This recognizes the value of the home, additional living expenses they had and recognizes the reality that the property they left in the home and abandoned was not useful to them anymore," Burchfield said.

"The outcome of case is $775,000, not withstanding the fact that Andrew Tonkovich was exonerated."

http://www.dailypressandargus.com/apps/pbcs.dll/article?AID=/20070119/NEWS01/701190325/1002

# # #

Pure Air Control Services

800-422-7873