Will green building in Florida bring a new wave of mold litigation?

One of the best parts of living in Florida is the ability to enjoy the tropical weather and scenery.  Unfortunately, the hot and humid climate that fosters Florida’s greenery challenges development and implementation of standardized green building practices. 

Green Puzzle House (for use with Liberty Article)

In the draft article “Why Green Buildings are Susceptible to Moisture & Mold Problems” David Odom, Richard Scott and George H. DuBose of Liberty Building Forensics Group have highlighted the potential for construction defects in Florida green buildings:

The great irony of building green is that the very concepts that are intended to enhance a building’s performance over its entire lifetime are many of the same things that make a building highly susceptible to moisture and mold problems during the first few years of operation.

For example, the Leadership Energy and Environmental Design (LEED) green building certification programs do not modify criteria based on regional climate.  As a result, methods used to achieve LEED credits in dryer climates such as Arizona may literally turn a building green from mold if applied in Florida’s wet climate.  According to Odom, Scott and DuBose, the following design features and building methods may increase moisture intrusion in Florida green buildings “if not carefully considered and implemented”:

  • Vegetative roofs
  • Increased insulation
  • Using new “green” materials that have not been field-tested over time
  • Reuse of existing buildings or recycled components
  • Increased ventilation to meet indoor air quality goals
  • Building start up procedures such as “building flush out”

Does this mean that green buildings in Florida are doomed to spur construction defect litigation due to moisture intrusion?  Maybe, unless the design professionals make sound judgment calls considering the humid climate and the construction team satisfactorily implements the plans and specifications.  And of course, the owner will need to have the resources to pay for the increased design and construction costs. 

Click here to view: Why Green Buildings are Susceptible to Moisture & Mold Problems, by David Odom, Richard Scott and George DuBose, Liberty Building Forensics Group, LLC, 3700 Dohnavur Drive, Zellwood, Florida 32798.  Other Liberty Group articles have addressed green building mold and moisture issues as well: The Hidden Risks of LEED and The Risks of Building Green in the Southeast.

Submitted by Desiree Noisette, LEED AP, Hill Ward Henderson, 101 E. Kennedy Blvd, Suite 3700, Tampa, Florida 33602, dnoisette@hwhlaw.com, (813) 222-8722.


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