The homeowner says the mold is so thick the wood is not visible. The developer has offered a cleaning and treatment.
By JAMES THORNER
Published March 17, 2004
WESLEY CHAPEL - A Lexington Oaks couple has sued Pulte Homes, accusing the national home builder of sloppy construction that invited an infestation of mold in their attic.
Christopher Yankee and his wife, former Pulte sales representative Kristy McNaughton, moved into a $230,000 house in Lexington Oaks' Pocono Village section in November 2003.
While storing Christmas decorations in late December, Yankee discovered dark green mold growing on trusses in his attic, according to the complaint filed in Pasco-Pinellas Circuit Court on Tuesday.
Tests identified the fungus as trichoderma, a mold common to compost piles that can be dangerous in high concentrations.
Yankee suspects Pulte left the roof trusses exposed to last summer's heavy rains, dampness that encouraged mold growth once the home was assembled.
"Trusses were completely covered with mold so you couldn't see the wood," Yankee told the St. Petersburg Times.
In February, Pulte agreed to clean the attic with soap and water and spray trusses with an antifungal agent called trisodium phosphate. That offer, recommended by an outside testing company hired by Pulte, still stands.
"Trisodium phosphate not only cleans the wood but acts as a preventative to prevent future issues," said Jim Zeumer, Pulte's vice president of communications.
But the couple, who suspect the mold has contributed to sinus troubles, wants a more thorough cleansing of the attic, including sanding, sealing and removing insulation.
Yankee insists his 2,554-square-foot pool home is unsellable in its current state. Lexington Oaks is a Pulte golf-course community of more than 1,000 homes in Wesley Chapel.
"I've got an attic full of mold and a house that's worthless," he said.
McNaughton had planned to leave the company in April to stay home with the couple's 1-year-old daughter, Yankee said, but stress caused by the mold dispute prompted her to leave two months early.
Domestic mold lawsuits appear to be a growth industry. Encouraged by cases in Texas and California - including one filed by TV personality Ed McMahon - cases have racked up millions in damages from the building and insurance industries.
But Yankee says his goal is not to get rich. He simply wants his problem fixed. His lawyer, Mike Peacock of the Tampa law firm of James, Hoyer, Newcomer & Smiljanich, said he didn't solicit the case.
"I'm not a law firm that advertises," Peacock said. "People find me. I don't find them."
