Practice Areas & Industries: Akerman Senterfitt

Practice/Industry Group Overview

With the increase in mold and fungus contamination issues throughout Florida, Akerman Senterfitt has developed a team of attorneys from the Real Estate, Litigation and Environmental practice groups to investigate and handle mold, fungus and other indoor air quality matters for our clients. We actively represent builders, contractors, developers, insurance carriers, homeowner associations and owners in a variety of indoor air quality issues. Our attorneys have represented clients against personal injury and property damage claims based on alleged mold infestation, litigated construction defect claims for owners, defended and prosecuted insurance claims related to toxic substances, and handled due diligence investigations of properties for lenders and purchasers, addressing issues related to mold and fungus along with other environmental issues.

Services Available

Attorneys in this practice group have handled the following:

• Represented lenders in toxic mold litigation.
• Litigated construction defect claims for owners against contractors and architects.
• Defended and prosecuted insurance claims related to toxic substances.
• Litigated landlord-tenant disputes over rental space conditions.
• Litigated class action claims involving toxic substance contamination.
• Litigated class action claims on behalf of owners for construction defects.
• Represented home builders in actions by purchasers based on allegations of mold/fungus infestation.
• Represented homeowner associations in actions by members based on allegations of construction defects.
• Handled due diligence investigations of properties for indoor air quality issues including mold and fungus for lenders, builders and purchasers.
• Structured financing and acquisition/divestiture transactions including pre- and post- closing clean-up of toxic substances.
• Defended mobile home manufacturer in action brought by purchaser for personal and property damage caused by toxic mold.
• Represented condominium developer in actions by purchasers based on allegations of mold/fungus infestation.
• Worked as claims representative for national insurance carrier.
• Drafted form provisions to contracts dealing with indoor air quality (mold/fungus) issues for purchase agreements, leases and loan documents.
• Lobbied state legislature and agencies on issues related to toxic substances, qualifications of professionals in specific disciplines and insurance coverage issues.
• Engaged and worked with local and national environmental and remediation consultants that specialize in mold/fungus and other indoor air quality issues.

Akerman Senterfitt's Indoor Air Quality Group can assist in the investigation and handling of mold, fungus and other indoor air quality matters before closing the deal on an acquisition, sale, lease or loan. When issues about such matters arise, our attorneys can help plan and coordinate the appropriate response, including remediation, if needed. If an enterprise has been affected by toxic substances or is the target of claims related to mold/fungus or other indoor air quality issues, our attorneys can investigate, evaluate and represent clients in prosecuting or defending against warranty or fraud claims, insurance claims, condominium/home owner association claims or personal injury and property damage claims. Our experience includes single party claims, multiple party litigation, third party claims and class action defenses.

Clients:
Autonation, Inc., Kellogg Properties, Inc., Dean Foods/McArthur Dairy, Inc., Space Access, Inc., Reliant Energy, Engineered Homes of Orlando, Windermere Properties Holding, Inc., CenterLake Properties, Inc., Pineloch Management, Miller Brewing Co. - Industrial site locations, BP Oil Co, Conoco Oil Co. , Montenay Power Corp, Sarasota Manatee Airport , Potash Corporation of Saskatchewan, Ltd, Service Corporation International, Inc./Stewart Enterprises, Inc., Hobbs & Curry , Funeral & Cemetery Alliance