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Mold Contaminants Litigation: Contractual remedies to the threat
Presenter: Jeffrey L. Alitz, Donovan Hatem

Description: Our program will focus on the history, current status of and the prevention of “mold” claims and lawsuits. To understand such claims, we will briefly discuss the history of the mold litigation phenomena, the reasons why such claims have now exploded, particularly in the south and west, and the potential that such claims may increase before diminishing over the next several years. Equally important, a protocol for minimizing the extent to which such claims arise, a protocol for responding to informal mold claims and defense strategies to formally filed claims will also be discussed. Lastly, we will review and consider contractual protections that should serve to limit the extent to which mold claims are filed and to structure a defense should such claims be filed. We will also analyze the best means to convince owners and other clients to incorporate such provisions into owner/architect/engineer contracts.

Learning objectives:

1. Learn the history of the mold litigation “phenomenon”.

2. Understand mold litigation and claims and defenses to such claims.

3. Learn a protocol for minimizing the likelihood that mold claims arise and defending such claims should they arise.

4. Review the contractual provisions that are designed to prevent and/or minimize potential mold claims.

Jeffrey L. Alitz is an attorney in the Donovan Hatem (Boston, Massachusetts) law firm. Attorney Alitz focuses his practice on the defense of design professionals in Massachusetts and New Hampshire, with a particular emphasis on water infiltration and mold litigation. Attorney Alitz has spoken at numerous events on the mold litigation phenomena and looks forward to both addressing the issue and to responding to your questions during this online seminar.




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