"SICK BUILDINGS"

Recent litigation regarding construction defects have included defects that involve "sick buildings." "Sick buildings" are generally defined as building that make people sick. These types of buildings include buildings that are associated with air quality problems, which problems cause various diseases or allergic reactions that are traced to airborne contaminants.

Symptoms relating to "sick buildings" are generally varied and vague. They do not relate to any particular factor or contaminant. The symptoms generally disappear when a person exits the building. Other building-related illnesses are tied to a specific factor or contaminant. Those symptoms do not disappear after the person exits the building.

Problems that are associated with "sick buildings" or building-related illnesses are increasing. These are largely the result of an increased awareness of such illnesses and other factors. Such factors include the use of air conditioning, fluorescent lighting, and man-made materials in the construction industry. Air conditioning causes a building to be sealed off from the outside air. It recirculates the inside air and prevents ventilation. Fluorescent lighting produces more lumens than incandescent lighting. Increased lumens or light pulsations can produce more frequent eye movements, which can result in headaches. Man-made construction materials may contain chemical adhesives, paints, and sealants, all of which may contain volatile organic compounds that produce vapors.

In addition to the use of air conditioning and construction materials, problems may occur that are related to the operation and maintenance of certain systems. The failure to properly maintain an air conditioning system or to change the filters on the air conditioning system can result in reduced air quality.

The most recent litigation involving "sick buildings" is litigation regarding mold and mildew. Mold and mildew produce odor and air quality issues. Mold and mildew are also associated with diseases relating to mold spores.

The federal government has in the past largely taken a voluntary and non-regulatory approach to air quality issues in buildings. Some states, however, have enacted specific statutes that regulate the materials, furnishings, and equipment that can be used in commercial buildings.

As more people become aware of their environment and the illnesses that are produced by the environment, litigation regarding "sick buildings" is likely to increase. Such litigation will most likely result in safer buildings. However, these safer buildings will come at a greater cost. It is also likely that more state and federal regulations will be enacted in this area in the future.