Indoor Air Quality

Indoor air quality (IAQ) continues to be a growing concern among commercial and industrial building owners, tenants, schools, developers, and the general public. Poor IAQ, present in about 30 percent of new and remodeled buildings, may be caused by conditions such as inadequate ventilation, chemical contaminants (e.g., adhesives, carpeting, and cleaning agents), or biological contaminants (e.g., mold, pollen, and bacteria).

We work with our clients' consultants toward diagnostic evaluation and remediation of IAQ issues. We advise clients on the legal and practical impacts of these situations, including communications with tenants, employees or other parties regarding IAQ concerns. In addition, our state cleanup program practice frequently requires evaluating and developing remedial strategies for potential vapor intrusion from subsurface contamination into indoor building spaces.

As a rapidly growing area of environmental litigation, and one without a comprehensive set of governing regulations, IAQ claims implicate creative theories of liability, as well as unique problems of proof and causation, workers compensation, and insurance. The MGKF team is well-suited to evaluate these issues from both a legal and technical perspective and represent clients in these types of claims.

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• Assisted the owners of apartment buildings to investigate HVAC systems and elsewhere to address IAQ concerns such as mold, radon, and other contaminants to which tenants could be exposed.
• Counseled the owner of a New Jersey corporate office center in investigating potential IAQ impacts to tenant spaces associated with vapor intrusion from soil and groundwater contamination beneath the property, which was under remediation by the former owner. MGKF prepared requests for proposal for outside consultants to perform indoor air testing. We evaluated test results and reviewed the consultant's draft report for compliance with New Jersey Department of Environmental Protection and U.S. Environmental Protection Agency vapor intrusion guidance documents.
• Represented clients with potential indoor air problems in industrial buildings, hospitals, schools and universities, municipal offices, and other places of employment. In these matters, we counseled on applicable testing, reporting, hazard communication, worker protection, and related obligations, utilizing our knowledge of Occupational Safety and Health Administration workplace IAQ requirements.

We have also advised clients on potential IAQ legal liabilities that may arise for building owners and operators, employers, construction contractors, engineers and architects, HVAC manufacturers, material suppliers, real estate professionals, and landlords and tenants.