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Senate of Pennsylvania
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: January 31, 2013 12:55 PM
From: Senator Lisa M. Boscola
To: All Senate members
Subject: Limiting Liability of HVAC contractors for mold damage
 
In the near future, I plan to reintroduce legislation limiting the liability of HVAC contractors for mold-related damage.

There is no known method for completely eliminating mold or mildew from a building. The lack of regulations and recent trends of mold-related lawsuits have left developers and building contractors with little guidance as to the extent of their legal responsibility.

HVAC (Heating, Ventilation and Air Conditioning) contractors are often the first to be sued, despite the fact that HVAC systems do not cause mold. In fact, a well-functioning HVAC system is the best defense against the spread of mold.

Currently, if a building or home is left mold-free and a mold condition develops years later, the workers, builders and contractor still can be named in a lawsuit. Without “mold insurance,” which is neither mandated nor commercially available for HVAC contractors, a negative result in court can be devastating.

This is a reintroduction of SB 647 from the previous legislative session. Co-sponsors included: FONTANA, WAUGH AND EICHELBERGER



Introduced as SB768