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Mold In Attic

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papabear123

Junior Member
I had a roof put on in 2011. Still under warranty. They removed some plywood sheeting that had my bathroom vents on it. They never installed new vents thus the hot steam from both bathrooms have been venting into the attic ever since. I now have mold everywhere throughout the attic. It is code to vent the bathroom air outside the attic even back in 2011. Village doesn't have any record of an inspection. Is the contractor liable for mold remediation?
 


quincy

Senior Member
I had a roof put on in 2011. Still under warranty. They removed some plywood sheeting that had my bathroom vents on it. They never installed new vents thus the hot steam from both bathrooms have been venting into the attic ever since. I now have mold everywhere throughout the attic. It is code to vent the bathroom air outside the attic even back in 2011. Village doesn't have any record of an inspection. Is the contractor liable for mold remediation?
You are still living in Illinois, papabear123?

Was your contractor licensed and insured? Were permits pulled prior to work?

Eight years is a long time to wait to seek a remedy. When did you first notice the steam and mold problem?
 

papabear123

Junior Member
You are still living in Illinois, papabear123?

Was your contractor licensed and insured? Were permits pulled prior to work?

Eight years is a long time to wait to seek a remedy. When did you first notice the steam and mold problem?
Yes Illinois. Yes licensed and insured. Yes permits pulled but city has no evidence of inspection. I only noticed this because I was replacing one of the bathroom fans and needed to climb into the attic to do it. That's when I noticed the mold and the vents just stapled to the rafters I'm sure after they were disconnected from the vent in order to removed the sheeting.
 

quincy

Senior Member
Yes Illinois. Yes licensed and insured. Yes permits pulled but city has no evidence of inspection. I only noticed this because I was replacing one of the bathroom fans and needed to climb into the attic to do it. That's when I noticed the mold and the vents just stapled to the rafters I'm sure after they were disconnected from the vent in order to removed the sheeting.
In Illinois, there is a 5 year statute of limitations on filing a property damage claim, so you might have difficulty holding the contractor liable 8 years after the fact.

Here is a link to the law:

That said, there is a "discovery rule" which can in some circumstances extend the statute of limitations from the time the damage occurred to the time the damage was discovered (or reasonably should have been discovered).

You can discuss this with an attorney in your area to see if pursuing a legal action at this time is possible or, if possible, prudent.

You might want to get estimates (3 are best) to determine the possible costs of mold remediation and balance these costs against the cost of (what could be futile) litigation.

Good luck.
 
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