I. INTRODUCTION Like the proverbial finger in the dike, water intrusion and mold related problems are springing up in an endless variety of construction related situations. Contractors typically deny or diminish the problems and responsible insurers deny or diminish the extent of coverage. Predictably, the "finger in the dike" response of minor repairs and limited coverage has failed. As the dike collapses and the flood of claims pour into the courts, attorneys on both sides seek to understand the extent and validity of the claims and the appropriate legal response. Almost daily, one can find media reports of people suffering from mold related health problems. Mold problems have been compared to asbestos in both the scope of the problem and the widely divergent opinions on whether mold is any problem at all. To the thousands of people that are sick as a result of the mold that grew because of some easily cured water intrusion issue, help is needed and needed quickly. The intent of this paper is to discuss the legal claims arising out of mold and water intrusion problems. A survey of the few appellate decisions and reported decisions dealing specifically with mold reveal hard fought legal battles and no quick solution.
