Building Environment and Thermal Envelope Council

“M5: Mold, Moisture, Misery, and Money – Plus Myth”

Sheraton San Diego Hotel and Marina, San Diego, CA
October 30-31, 2003

Program

Join us for a two-day symposium presenting balanced viewpoints in medicine, law and risk management relating to the effects of mold in buildings. This symposium is co-sponsored by the National Institute of Building Sciences (NIBS), the U.S. Department of Energy (DOE), Oak Ridge National Laboratory (ORNL), and the U.S. General Services Administration (GSA).

Thursday, October 30, 2003

7:15 a.m. – 8:00 a.m.
Continental Breakfast and Registration

8:00 a.m. – 8:10 a.m.
Welcome and Opening Remarks
From the Office of the Chief Architect of the U.S.

SESSION 1 - HEALTH

8:10 a.m. – 8:35 a.m. Carol A. Anderson, JD, Managing Director, New Century Investors; resident of a luxury condo in Washington, DC – Ms. Anderson will walk you through her personal odyssey, from the outset of the mold problem in her dwelling, through several remediations and her ensuing health problems. She will act as a lead for the doctors’ presentations, discussing the complexities of her treatment and finding a “safe” environment in which to live. Her presentation will serve as a transition to the legal ramifications of bringing a mold claim.

8:35 a.m. – 9:15 a.m. Chin Yang, PhD, principal, P & K Microbiology, Cherry Hill, NJ – Dr. Yang will familiarize the audience with recognition of mold and fungus. His presentation will include studies on the effect of mold and fungi growth based on his laboratory experiences. He will speak about recurrence of mold in buildings and fungal growth physiology.

9:15 a.m. – 9:45 a.m. Steven Vesper, PhD, US EPA, Cincinnati, OH – Dr. Vesper has been published extensively on fungi and cytokine responses to fungal products. He will discuss the possible role of fungal hemolysins in sick building syndrome and the latest results from the use of their QPCR technology in understanding mold exposures.

9:45 a.m. – 10:00 a.m. MORNING BREAK

10:00 a.m. – 10:30 a.m. Douglas B. Trout, MD, MHS, Supervisory Medical Officer, National Institute for Occupational Safety and Health, Center for Disease Control – Dr. Trout has considerable experience in performing evaluations of workplaces affected by fungi and by other issues related to IEQ. He will demonstrate what is and is not known, what is proven and unproven with regard to mold illness. Dr. Trout will explain biomarkers and their role.

10:30 a.m. – 11:20 a.m. Ritchie C. Shoemaker, MD, Center for Research on Biotoxin Associated Illnesses, Pokomoke, MD – Dr. Shoemaker suggests that answers to the health controversy will come from comprehensive diagnosis and treatment. He will present one of the largest case series of diagnosis and treatment of human illness caused by indoor toxigenic fungal species. He has developed a series of biomarkers involving genetics, inflammatory immune responses, toxins, hypo-thalamic hormones, downstream proteinases, and growth factors that reflect the dynamic nature of the biotoxin illness caused by fungal species in susceptible, exposed patients.

11:20 a.m. – 11:55 a.m. James Seltzer, MD, Asst. Clinical Professor, Univ. of Calif. School of Medicine; Medical Director, Indoor Hygienic Technologies Corp. and Medical Director, Indoor Environmental Monitoring, Inc., San Diego, CA – Dr. Seltzer has vast experience in analyzing, diagnosing, and treating mold-related illnesses. Dr. Seltzer has participated in many legal actions regarding mold/health claims.

11:55 a.m. – 12:10 p.m. Q & A SESSION moderated by Barry Hardman, Hardman Associates, Temecula, CA

12:10 p.m. – 1:10 p.m. LUNCH SERVED

SESSION 2 – LEGAL:

1:10 p.m. – 1:55 p.m. Daniel Bryson, Esq., JD, partner, Lewis & Roberts, Raleigh, NC – Mr. Bryson obtained the first judgment ever against an EIFS manufacturer in Norfolk, VA. Mr. Bryson will walk us through the legal maze in mold claims and mold-related health issues. He will discuss - through a review of some of his existing and pending cases - trials and tribulations and expectations.

1:55 p.m. – 2:40 p.m. Jonathan S. Vick, Esq., JD, senior partner, Robertson & Vick, LLP, Calabasas, CA – Mr. Vick is managing partner in a firm that has extensive experience representing litigants, including many celebrity cases, with regard to construction defects, and specifically in mold-related cases. He will speak about a plethora of cases, their logic and conclusions.

2:40 p.m. – 3:25 p.m. Lane E. Webb, Esq., JD, Lewis Brisbois Bisgaard and Smith LLP, San Diego, CA – Mr. Webb is a partner in the San Diego office of Lewis and a founding member of the firms Environmental and Toxic Tort Department. He has over 15 years of experience in the defense of personal injury and property damage claims as the result of exposures to mold, asbestos, fiberglass and ground water contamination. Mr. Webb has been named as national coordinating counsel on mold claims for several major insurance carriers.

3:25 p.m. – 3:40 p.m. AFTERNOON BREAK

3:40 p.m. – 4:25 p.m. Jill H. Latchaw, Esq., JD, Morgan Miller Blair, Walnut Creek, CA –
Ms. Latchaw’s practice focuses on serving developer and general contractor clients in real estate and construction defect disputes. A major component of her work is securing defense costs and indemnity for clients through their insurance carriers and the additional insured endorsements issued under their subcontractors’ policies. Ms. Latchaw has also defended construction-related personal injury claims stemming from exposure to toxics. Her practice includes mediation, arbitration, and pre-lawsuit litigation avoidance.

4:25 p.m. – 5:00 p.m. Q & A SESSION moderated by Barry Hardman, Hardman Associates, Temecula, CA – Covering both afternoon and morning sessions.

5:00 p.m. Adjourn following conclusion of Q & A

Friday, October 31, 2003

7:15 a.m. – 8:00 a.m. Continental Breakfast

SESSION 3 – RISK MANAGEMENT

8:00 a.m. – 8:10 a.m.
OPENING REMARKS/OVERVIEW
Barry Hardman, Hardman Associates, Temecula, CA
Overview of Day 2 Risk Management Session

8:10 a.m. – 8:50 a.m. Greg Weatherman, Aerobiological Solutions – Mr. Weatherman has extensive experience as a consultant to remediation firms, and will focus primarily on the common mistakes in remediation that exacerbate the problem.

8:50 a.m. – 9:35 a.m. Daniel Baxter, Environmental Analysis Associates, Inc., San Diego, CA –
Mr. Baxter is the inventor of equipment used in the mold remediation process. He consults to the legal profession, tutoring legal professionals in environmental issues. Mr.
Baxter operates a laboratory and has full capabilities for the identification of mold and fungi. Mr. Baxter will speak
about techniques that can be used to limit risk and manage mold claims, including cost analysis.

9:35 a.m. – 10:20 a.m. David Heemann, Esq., JD, and Pete Fowler, Pete Fowler Construction Services, Dana Point, CA –
Messrs. Heemann and Fowler will present a protocol for management of mold and mold-related construction defects. They will introduce the audience to timelines and procedural techniques, particularly in regard to mold claims, to minimize both financial and health risks.

10:20 a.m. – 10:35 a.m. MORNING BREAK

10:35 a.m. – 11:35 a.m. Robert N. Rosenfeld, PhD, Executive Vice President, Director, Environmental Risk Management Practice, Canon Insurance Service, Beverly Hills, CA – The advent of mold exclusions in virtually all insurance policies creates a situation where individuals, corporations, and public entities are left uninsured for mold related damages. With the exclusions in place, every risk management program needs to be modified to specifically address mold related loss exposures. Dr. Rosenfeld will present a step-by-step process to identify loss exposures and finance these risks through traditional and specialized environmental insurance that covers mold related damages. Dr. Rosenfeld will speak to the huge financial impact of mold claims on all segments of the economy, and how to manage the risk.

11:35 a.m. – 12:00 p.m.
Q & A SESSION, moderated by Barry Hardman, Hardman Associates, Temecula, CA

12:00 p.m. – 1:00 p.m. LUNCH SERVED

SUMMARY SESSIONS 1:00 p.m. – 3:00 p.m.

SUMMARY 1: “Where Do We Go From Here?” Roger G. Morse, AIA, Morse Zehnter Associates, Poestenkill, NY – Mr. Morse, a licensed architect, president and technical director of his specialized consulting firm on environmental issues, has been instrumental in developing such guidelines as used for asbestos and lead-based paints. Mr. Morse will engage the audience in a “where do we go from here” dialog.

SUMMARY 2: “Creation of the Buildings Mold Alliance” – Steve M. Hays, PE, CIH, Chemical Engineer, Chairman of the Board, Gobbell Hays Partners, Inc., San Antonio, TX
Mr. Hays will specifically address a newly created council known as the Mold Alliance.

SUMMARY 3: “Roadmap” – P. Marc LaFrance, Building Envelope R&D Manager, U.S. Department of Energy – Mr. LaFrance will conduct a Strategic Planning Session, to prioritize activities and identify key players regarding health and moisture management.

Q & A SESSION 3:00 p.m. – 3:30 p.m.
The audience will have a chance to interact with all the presenters on a one-on-one basis.

This symposium is of vital importance to building owners, managers, developers, engineers and architects; medical and legal professionals; and insurance and financial professionals.

Building Environment and Thermal Envelope Council

Registration Form
M5 “Mold, Moisture, Misery and Money Plus Myth”
Sheraton San Diego Hotel and Marina*
October 30-31, 2003

Early registration is recommended. Seating is limited.

You can also register online at www.nibs.org

By September 10 After September 10
Member Rate* $425 $475
Non-Member Rate $475 $525
Non-Members Joining BETEC ** $525 $575

*Member Discount applies to BETEC and NIBS’ members.

** Join BETEC with this registration for an additional charge of $50 for a one-year individual membership.
(50% off regular individual rate) NEW MEMBERS ONLY.

Name ___________________________________________ Organization _____________________________________________

Address ____________________________________________City ______________________________State ____ Zip _________

Telephone __________________________ Fax__________________________
e-mail __________________________

Total $___________ (Checks payable to BETEC)

Bill my credit card: [ ] VISA [ ] MC [ ] AE

Card Number:____________________________________________________
Exp. Date: __/__

Card Member’s Billing Address: (required)
____________________________________________________________

Name as it appears on the card (please print): ____________________________________

Payment must be included with registration form. MAILING ADDRESS: BETEC M5 Symposium, 1090 Vermont Ave., NW, Suite 700, Washington, DC 20005; FAX: 202-289-1092. Questions? Contact Patricia Cichowski at 202-289-7800; pcichowski@nibs.org

Hotel Accommodations at the Sheraton
*A block of rooms have been reserved at the special rate of $159.00 Single/Double (Mention the National Institute of Building Sciences at time of reservation). The cut-off date for our special rate is Monday, September 29, 2003. After this date the special rate cannot be guaranteed.
Sheraton San Diego Hotel and Marina, 1380 Harbor Island Drive, San Diego, CA 92101
619-291-2900; 619-692-2337 (fax)
NIBS is a registered provider with the AIA/CES Continuing Education System (AIA/CES). AIA members will earn 12-Learning Units
for participation at this 2-day symposium.