Philip Bambagiotti forecasts slew of black mould claims and urgent remedial action

23rd February 2023

Philip Bambagiotti

3PB's dual UK-Australia qualified barrister Philip BambagiottiPhilip BambagiottiCall: 2018 (pictured here), a construction and building defects expert, has tackled the serious issue of mould growth in council and privately-owned buildings, substandard ventilation and poor design. The death in 2020 of a 2-year-old Awaab Ishak in a Rochdale council house from severe breathing problems, caused by the effect of mould to his blood and lungs, was a terrible reminder of its consequences.

His report advises that "claims involving the effects of mould in buildings is already a common feature of building defect litigation in Australia and in the United States. It surely will not be long before it becomes a prolific feature of building defect claims in Britain. The health effects and the expense in rectification make the issue a significant one in money terms. In one instance, in current litigation in Australia, the mould component of the claim far exceeds the direct cost of rectification of the water ingress defects themselves. The mould problem can have a devastating effect upon a building’s value."

He believes that: "the answer might well lie in popularising such claims. History and experience tell against the broad and lasting success in arming a building regulator with the sort of vaguely cast, draconian powers that are seen in the Building Safety Act 2022. Once those who incur the real cost of addressing water ingress defects and cleaning and removing mould can visit those consequences upon those that had the ability to prevent such problems, there will be both proper compensation for shoddy works and lazy short cuts and a real, commercial incentive to have the work done properly in the beginning."

To read a full copy of his report on black mould, please click here.

To contact Philip, please email [email protected]. To instruct him on any construction or building defects matter, please contact his clerk Joe Townsend on [email protected] or call him on 020 7583 8055.