CONSTRUCTION ISSUES SERIES: MOLD CONTRACTORS

Licensed mold contractors are the key players that homeowners and commercial landlords hire to address mold problems.

In commercial or large residential projects, mold contractors often walk the dangerous tightrope of proceeding without the benefit of a contract. It’s natural to want to start a job as soon as possible. But a contract protects a mold abatement company in a field rife with liabilities.

A contract sets out not only price, scope of work, and general liability coverage, but also carves out exclusions and what happens should litigation develop. Mold contractors should warranty their work, but also be explicit about the warranty’s terms and time limitations. In addition, a mold inspection company should be careful to distinguish its work from a mold abatement company, and vice versa, since each does not want liability from one to bleed into the other. (By law, companies may only pursue either inspection or remediation to avoid conflicts of interest.) Contractors should also state that they are not responsible for dealing with insurance covering the property. And, in the event of litigation, a contract will set out where the proceedings would take place so that they are nearby.

The protection of a contract is critical in protecting—and expanding— a mold inspection or abatement business.

The attorneys at the Bachman Law Firm understand your business and formulate creative legal solutions to enable you to reach and exceed your goals. You can reach us at 845-639-3210 or Judith@thebachmanlawfirm.com.