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Pennsylvania Mold Immunity Legislation Back Again

5/12/2013 | Construction Blog

I reported in May of 2012 that Senator Lisa Boscola (D. – Lehigh) was leading the charge on a bill to immunize HVAC contractors from liability for mold. The bill stalled in the Judiciary Committee during the last session and never made it to the floor for a vote. Senator Boscola has not given up on the bill, however, and has reintroduced it in the 2013 session.

The current version of the legislation – Senate Bill 768 – is remarkably like the previous version of the bill. Described succinctly, it broadly immunizes mechanical contractors for mold discovered in an HVAC system. This legislation again contains a curious exception though. It allows for a finding of liability when the Plaintiff can prove that the mold resulted from the faulty workmanship or improper installation by that mechanical contractor. This is already the law.

Because the proposed legislation is virtually unchanged, many of the other questions I raised last year remain too. For example, why are HVAC contractors receiving special attention? What kind of writing is sufficient under the law to waive the immunity provided under the proposed statute? Who is defined as a “contractor” under the proposed law?

Should the legislation pass in its current form, a good deal of litigation will result to answer such questions. These problems may be why it stalled last time. It has been re-submitted to the Judiciary Committee for consideration. We will see if it stalls again or makes it to the floor for a vote.