Thank You National Apartment Association. I will do my best to get this very important information out ASAP to numerous owners, investors, huge property management companies (e.g., Riverstone Residential), attorneys, and judges, AND, of course, to the MANY people who are currently living in MOLD-INFESTED APARTMENT COMPLEXES right now! katy
Ernst Lamothe Jr. • Staff writer • June 11, 2010
PITTSFORD —A couple is suing one of the largest home building businesses in Pittsford, citing mold infestation in products used to build their home six years ago.
Neil and Patti Goldstein, of 19 Settlers Green, filed legal action against Brookwood Building Corp., 30 Grove St., a company under Spall Realty Corp., and Washington-D.C. based Weyerhaeuser Co. after they discovered yellow and white mold growing in their home from joists, which are used to hold up a building’s weight, absorb floor impact and create structural support.
Attorneys for Brookwood did not return calls for comment. The trial began this week and closing arguments are expected on Monday.
The couple is claiming negligence against Spall, a 60-year company which exclusively builds in Pittsford, Brookwood Building Corp. and Weyerhaeuser, whose joist product had mold inside at the time of installation, according to documents filed in Monroe County state Supreme Court. The Goldsteins are seeking $100,000 for money spent to repair their 2004 home, plus additional damages for property devaluation and medical expenses after suffering upper respiratory problems from the mold.
Stephen G. Schwarz, the Goldsteins’ attorney, said Spall set up shell corporations including Brookwood Building Corp. “apparently to avoid accountability for the homes it is building.” The Pittsford couple initially sued Brookwood, but during the pre-trial phase it was discovered that Brookwood had no employees and the money from clients was passed to Spall.
“Spall and Brookwood refused to fix the situation unless my clients would sign off that they would be satisfied in advance before any work would be done and that’s not something they wanted to do,” said Schwarz, attorney for Faraci Lange, LLP.
“They suffered headaches and sickness from the mold and the companies are trying to act as if they have no responsibility.”
Bruce Amundson, Weyerhaeuser spokesperson, said the high temperatures used by their company when constructing the joist would kill any mold. They blame Brookwood’s crews mishandling the product.
“From what we have been told people exposed the joists to wet conditions and mud before installation which we warned them against,” said Amundson.
Spall has built several Pittsford subdivisions including Greythorne Hill with 32 luxury homes, Harvest Glen off Pittsford-Henrietta Townline Road and Settlers Green near Calkins Road and Clover Street.
Political Action Committee – National Apartment Association (NAA) files Amicus Brief in mold case (two infant deaths in mold filled apt – Wasatch Prop Mgmt) citing US Chamber/ACOEM ‘litigation defense report’ to disclaim health effects of indoor mold & limit financial risk for industry
“Changes in construction methods have caused US buildings to become perfect petri dishes for mold and bacteria to flourish when water is added. Instead of warning the public and teaching physicians that the buildings were causing illness; in 2003 the US Chamber of Commerce Institute for Legal Reform, a think-tank, and a workers comp physician trade organization mass marketed an unscientific nonsequitor to the courts to disclaim the adverse health effects to stave off liability for financial stakeholders of moldy buildings. Although publicly exposed many times over the years, the deceit lingers in US courts to this very day.” Sharon Noonan Kramer
Information about Riverstone Residential, the Louisiana Housing Finance Agency, and the owners of Jefferson Lakes Apartments in Baton Rouge, Louisiana allowing tenants to be exposed to extreme amounts of toxins from molds by intentionally concealing evidence
Irrefutable evidence indicates that Riverstone Residential, Guarantee Service Team of Professionals, & plaintiffs’ attorney, J Arthur Smith III, must have agreed to exclude evidence that would have shown the owners of Jefferson Lakes Apartments & Riverstone Residential had knowledge of the severe MOLD INFESTATION at the complex before we moved in