U.S. Evidence Laws and Their Influence on Mold Litigation Outcomes
Publication: Journal of Professional Issues in Engineering Education and Practice
Volume 133, Issue 4
Abstract
The architectural/engineering/construction (AEC) industry has been inundated with disputes concerning excessive mold growth that arose from improper construction or maintenance of the built environment. Despite scientific evidence that shows that exposure to so-called toxic molds does not produce illness, costly legal disputes arise. This paper focuses on instances in which the outcome of mold lawsuits hinged on the jurisdiction where a claim is filed, because of differing expert witness testimony standards. A basic understanding of the implementation of U.S. evidence laws in federal and state courts is presented, select mold dispute cases from varying jurisdictions are summarized, and conclusions are drawn regarding the dispute-resolution trends in this area.
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Information & Authors
Information
Published In
Journal of Professional Issues in Engineering Education and Practice
Volume 133 • Issue 4 • October 2007
Pages: 352 - 357
Copyright
© 2007 ASCE.
History
Received: May 3, 2006
Accepted: Jul 11, 2007
Published online: Oct 1, 2007
Published in print: Oct 2007
Authors
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