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Construction defects or property damage to a nursing home or assisted care facility can present a formidable challenge for a building owner. Such facilities serve a segment of the population that may be more susceptible to mold, fungi or other water intrusion problems. In addition, nationally, there have been wide-ranging reports of construction defects related to asbestos and fire resistivity deficiencies. These hazards create an especially high risk to residents of nursing homes or assisted care facilities. Furthermore, an owner’s damages may exceed the cost of merely repairing the building. Additional damages likely include: relocating residents to a new care facility and paying for their stay; paying to sanitize equipment and records, including paper files; and lost income while the residents are housed in a separate facility.
If you own or manage a nursing home or assisted living facility and you discover evidence of water intrusion, leaks, mold, or other forms of damage, you should immediately contact a qualified building envelope expert who can trace the source of water damage and then recommend methods to seal off the affected areas. You should also contact a Certified Industrial Hygienist or other environmental air quality expert. Qualified and well experienced counsel should then be retained in order to spearhead the analysis to determine the various liability, insurance and construction remediation issues.
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