MOULD CONTROL PRACTICE GUIDE

Summary

In 2001, Pro-Demnity Insurance Company added an exclusion to its standard Professional Liability Insurance Policy for claims related to mould (mold) and related organisms. This was done in order to protect your liability insurance plan from an alarming number of claims in the insurance industry. OAA Council saw the need to support its members by providing appropriate support, in the form of a wide-ranging resource, which would assist architects and their practices to better understand and deal appropriately with the issue of mould in buildings. This resource is a valuable tool that will help members understand the potential threat in perspective, offer suggestions as to how to help avoid or minimize it, and provide insight into how best to mitigate a mould infestation.

Background

1. The exclusion from coverage in the standard Pro-Demnity Insurance Company policy is for “any CLAIM arising out of, or attributable to the existence or alleged existence of mold, fungus/fungi, spore(s), mildew(s), mushroom(s), yeast(s), or biocontaminant(s), or any by-products therefrom.” Such exclusions have become a standard in the insurance industry due to extensive claims.
   
2. The Mould Control Practice Guide provides an overview of mould and related organisms. It discusses associated types of physical damage and health risks, as well as factors necessary for growth. The Guide discusses aspects of good practice to avoid or reduce the likelihood of its occurrence. There are checklists to assist at various stages of project development, as a part of on-going building maintenance and following an accident or flood. There is also a checklist and advice for remedial action.
   
3. The Guide provides the basis of a good understanding of the issue of mould in buildings. It should assist members and their practices to reduce the risks of mould occurring in buildings they design and help identify the responsibility of others, including building owners and contractors.
   
4. Architects should also be cognizant of their potential liability relating to mould in buildings. It is important to be aware of this in contractual situations. The Canadian Standard Form of Contract for Architectural Services, Document 600, provides that the Architect “shall not have responsibility for…matters arising from Toxic or Hazardous Substances or Materials.” The definition of Toxic Substances includes mould. An important reason to use the standard contract or similar wording is to align the contractual responsibility with the standard liability insurance coverage.
   
5. Dr. John Straube, affiliated with the Civil Engineering Department and the School of Architecture at the University of Waterloo, authored the OAA Mould Control Practice Guide, which accompanies and forms part of this Practice Bulletin. Dr. Straube teaches in the area of building materials and detailing.

1. If you are involved in the design, documentation and general review of construction, you should review and be familiar with the Mould Control Practice Guide and its principles. You are encouraged to follow its recommendations in order to avoid or reduce the occurrence of mould infestations in buildings and to assist with appropriate remedial actions if infestations do occur.
   
2. Unless your contract for architectural services specifically identifies that the architect is not responsible for the consequences of mould and related toxic substances, you may be exposed to a liability situation for which there is no insurance coverage. It is recommended that the standard contract for architectural services, Document 600, 2005, be used on all construction projects.
   

• Section A - D (PDF file, 13 pp., 536 KB)
• Section E - F (PDF file, 4 pp., 248 KB)
• Section G, Pgs 15 - 24 (PDF file, 10 pp., 538 KB)
• Section G, Pgs 25 - 32 (PDF file, 8 pp., 527 KB)