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
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Non-Member Rate $475 $525
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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.