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
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Discount applies to BETEC and NIBS’ members.
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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.
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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.