Mold Testing for Attorneys

What you need from a mold inspection is a record that survives scrutiny: a documented method, a calibrated instrument, an accredited laboratory, an intact chain of custody, and an inspector with no financial interest in the finding. What you do not need is a report that overstates health effects, certifies against a limit that does not exist, or was produced by the company that then sold the remediation.

We test only. We never perform remediation and we take no referral fees from remediation contractors. There is no version of our engagement where the size of the problem changes what we are paid.

The regulatory landscape you are working in

Neither Washington nor Idaho licenses mold inspection, assessment, or remediation. Washington's Department of Health says plainly that there are no certification requirements for mold work in the state and that anyone can call themselves a mold specialist without training or credentials. Idaho is the same and does not license home inspection either. Certification in this field is voluntary and issued by private bodies.

That fact cuts in both directions and it is worth having in mind when you evaluate an opposing report. There is no state credential that establishes competence, and there is also none whose absence establishes incompetence. The examination has to be of method, independence and documentation.

There is no numeric standard for airborne mold. No state or federal agency publishes an action level in spores per cubic meter. Any report describing a result as passing or failing a legal limit is describing something that does not exist. The defensible framing is comparison to a same-day outdoor control at the same property, plus documented moisture conditions in the building.

IICRC S520 is the industry consensus standard for professional mold remediation, and post remediation verification is judged against it. It is a private standard, not a regulation.

New York Labor Law Article 32 makes it illegal for one company to both assess and remediate the same job. Washington and Idaho have no equivalent. That is directly useful when the other side's assessment came from the firm that performed the work.

RCW 59.18.060 sets Washington landlord duties, including maintaining the premises in a habitable condition and providing tenants written information about the health hazards of indoor mold. RCW 59.18.070 sets the response windows once a tenant gives written notice: 24 hours for loss of hot or cold water, heat, or a hazardous condition, 72 hours for a major plumbing fixture or landlord-supplied appliance, and 10 days for other defects materially affecting health and safety. Neither statute requires testing.

WAC 308-408C-030 excludes environmental hazards including mold from the Washington home inspection standards of practice, and WAC 308-408C-050 requires the pre-inspection contract to state that the inspection does not investigate mold unless separately agreed in writing. In a construction defect or failure-to-disclose matter, this is often the reason no mold documentation exists from the transaction period.

Matter types we document

Habitability and landlord-tenant. Condition documentation at a point in time, moisture mapping distinguishing envelope or plumbing intrusion from occupant-generated condensation, and post-repair verification. The condensation-versus-intrusion question is the one most habitability disputes actually turn on, and it is answerable with instruments rather than testimony.

Construction defect. Moisture distribution behind finishes, thermal imaging of wall assemblies, borescope documentation of cavity conditions, and sampling where growth is present. Common findings in this region include window and door flashing failures, adhered stone veneer installed without a drainage plane, bath fans terminating in attics, and unconditioned sealed crawlspaces.

Insurance disputes. Independent condition documentation, scope validation against actual moisture extent, and post remediation verification independent of the remediating contractor.

Real estate and disclosure matters. Documentation of conditions and, where the physical evidence supports it, whether damage is recent or long-standing. Washington's Form 17 under RCW 64.06 and Idaho's seller property disclosure under Idaho Code Title 55, Chapter 25 are the relevant instruments, though what they require of a given seller is your analysis, not ours.

Method, stated for the record

Every inspection follows the same protocol so the documentation is comparable across matters.

The outdoor control deserves emphasis. Outdoor air always contains mold spores. An indoor spore count without a same-day outdoor baseline at the same property has no reference and cannot support an opinion that anything is elevated. A substantial share of the reports circulating in this market omit it. That omission is usually the fastest way to test the weight of an opposing report.

A typical residential inspection is one to two hours on site. Larger or more complex properties run three to four. Post remediation verification is 45 to 60 minutes and includes a visual check of the remediated area and containment, air samples inside containment plus an outdoor control, evaluated against IICRC S520.

What we will not represent

This section is here because it is the part that determines whether documentation holds up.

• We do not offer medical opinions or causation opinions on health. CDC has never established a causal link between Stachybotrys and serious illness, and says no test proves an association between a specific mold and particular health symptoms. What the literature documents is allergic reaction, asthma triggering and upper respiratory irritation in sensitive individuals, plus serious fungal infection risk in the severely immunocompromised. We will not write beyond that, including at a client's request.
• We do not market ourselves as retained testifying experts. We produce inspection documentation. Whether a matter requires a testifying expert, and whether any particular person is qualified to serve as one, is your judgment to make and you should evaluate qualifications on their own terms rather than on a marketing page.
• We do not certify a property as safe, mold-free, or compliant. Those terms have no technical meaning. Air sampling is a measurement at a point in time in a defined location.
• We do not write remediation scopes or estimates, because we do not remediate.
• We do not assign fault. We document conditions. What those conditions mean legally is your work.

Timing matters, and it usually matters early

The most common problem we see in a file is that the evidence is gone. Remediation removes the material that would have documented the condition. Drying changes moisture readings within days. A repair closes a wall cavity.

If a matter is likely to be disputed, condition documentation before remediation is worth far more than anything obtainable afterward. Where remediation has already occurred, verification against IICRC S520 plus documentation of remaining conditions is still useful, but it answers a narrower question.

Pricing

Lab results normally come back in one to three business days with a written report within a day of results. Complex properties requiring an expanded sampling plan are quoted before the visit.

We serve Spokane County and Kootenai County. For context on the housing being examined: Spokane County has 241,434 housing units with a median owner-occupied value of $410,700, and roughly 27% of housing in the City of Spokane was built before 1950. Kootenai County has 86,151 units with a median value of $518,700. Coeur d'Alene averages 26.6 inches of rain a year against Spokane's 17.2.

Questions from counsel

Can you produce a declaration describing your findings? We can produce a written report documenting method, instruments, readings, sample handling and laboratory results. What form that takes in your matter is a conversation to have before the inspection rather than after.

Will the report state that mold caused our client's illness? No. No competent report will, because there is no test that establishes that link. A report can establish that a building had elevated fungal spore concentrations relative to an outdoor control on a given date and that specific materials were wet. Medical causation is a medical question.

How do you handle a property where the other side has already remediated? We document what remains and evaluate the remediated area against IICRC S520 where containment or work-area conditions still allow it. We will also tell you plainly what can no longer be established. That is more useful than a confident report built on evidence that is gone.

What makes your independence verifiable rather than just claimed? We hold no remediation license, perform no remediation work, and have no revenue from any remediation contractor. Our invoice is a flat fee for the inspection, set before the result is known. That is checkable.

Do you inspect commercial and multifamily property? Yes. Sampling design for a multifamily building or a commercial space differs substantially from a single-family home and is quoted after we understand the scope of the question.

How quickly can you get to a property? Usually within a few days. If evidence is at risk, say so on the first call and we will prioritize it. Rush lab turnaround is 24 hours for an additional $100.

Engage an inspection

Call with the property, the posture of the matter, and the date sensitivity. We will tell you what documentation is achievable and what is not before you commit to anything.