Honolulu Advisor
April 22, 2003
Hilton Hotels Corp. filed a lawsuit against 18 contractors, architects, engineers, inspection companies and at least one product manufacturer and one building material supplier. The suit is seeking to recover $55 million in mold remediation costs as well as business interruption costs after mold contamination forced the 453 room hotel to close in July 2002. The suit alleges various construction and design defects contributed to mold growth including defects in the exterior finish, air intake and exhaust systems, door framing, fireproofing, linen chutes, drywall joints, lanai doors and orienting the building towards the prevailing winds.
Defendants include:
Hilton had touted its $95 million Kalia Tower, replete with exterior waterfalls and bronze sculptures, as ''an exciting addition to the entrance of our 22-acre resort.'' The tower is part of the beachfront Hilton Hawaiian Village, a fixture of the Waikiki beach scene, and, with more than 3,000 rooms, is the world's largest Hilton.
But in a lawsuit filed last week, Hilton offered a darker look at what lurks behind the curtain. The devastating mold, the suit claims, grew from the negligence of the 18 contractors. The suit, filed in Circuit Court last Monday alleges breach of contract and defective planning, construction, design, and inspection of the tower. Hilton did not specify the amount of damages it is seeking, saying in the complaint that the amount will be determined at trial.
So instead of offering shiny new guest quarters to paradise seekers, the hotel conglomerate was left to empty the rooms of not only people, but beds, dressers, wallpaper, and carpeting.
Officials at the architectural firm of Wimberly Allison Tong & Goo, named as a major defendant in the suit, did not return calls seeking comment. Hilton's case is not unique. Litigation across the country has resulted in settlements and judgments against builders, insurers, and building owners, including an $11 million award last year to the University of California for construction defects in student housing at UC Irvine.
High humidity caused the mold to grow in the year following the Kalia Tower's May 2001 opening, the suit says. The hotel conglomerate blames the contractors for problems ranging from inadequate moisture sealant on the outside, to faulty air conditioning and air pressure systems, and an improper ''toilet exhaust system'' that leaked and overwhelmed fan coils that were supposed to pressurize the rooms and keep humid air out.
The mold saga became public last July when Hilton announced closure of the tower's guest rooms because of extensive mold discovered by cleaners. The company launched a massive dumping carpets, drapes, and wallpaper were ripped out and thrown away along with bedding, furniture, and towels.
The extent of that effort surprised University of Hawaii botany professor and mold specialist George Wong, especially because Hilton had reported no mold-induced illness. Hilton had a physician survey employees, and Wong concluded that there had been a few cases of eye, nose, throat, or skin irritation but no evidence of allergic respiratory illness.
Mold growing on a surface usually can be removed but poses more of a problem once embedded inside furniture or fibrous items, Wong said. Hilton spokesmen and attorneys refused to discuss the suit. ''We don't comment on litigation,'' said Marc Grossman, Hilton vice president for corporate communications. Most of the other contractors also declined comment or didn't return calls. But some said they shouldn't be included in the suit.
Kevin Chong, who provided fan coil units for the tower, said he shouldn't be named in the suit because he merely represented the coil manufacturer, International Environmental Corp., supplying what engineers from Ferris & Hamig Hawaii Inc. wanted. That engineering firm went out of business and its attorney Derek Tomita said he had no comment. ''It looks like they dragged everybody into it regardless,'' Chong said of the lawsuit. Kathy Higham, representing A-1 A-Lectricians, said her clients were blameless as well. ''All of the electrical conduits installed by A-1 A-Lectricians entered the guest rooms through the concrete floor slabs,'' thus eliminating moisture issues, she said. Molds are part of the natural environment, their reproductive spores floating invisibly in the air. To grow, they need moisture, and Hilton says its building was not adequately pressurized to keep out the humid Honolulu air.
Warm air often forms condensation where it encounters air-conditioned, cooler air, thus creating a habitat for mold, said Wong. ''Air conditioning by definition lowers the temperature and the humidity. It should cut down on the molds that are in the building. But if you do it wrong, it's not going to do the job.''
Many Hawaii buildings have mold, including many Waikiki hotels, said Randy Herold, president of MoldPro, a mold consulting firm. Specialists attribute some of the problems to a trend toward tighter energy-efficient buildings that can retain moisture and lack proper pressurization to push air out rather than suck it in. But, Herold said, ''new construction if properly designed and built should not have amplified mold.''
Mold can cause allergic reactions in sensitive people, as well as irritation of the skin, eyes, nose, and throat, and asthma attacks, according to the Environmental Protection Agency. Eliminating moisture can mitigate it.
Excessive positive or negative pressures can move large quantities of
moisture-laden air through holes in a building's shell, leading to
condensation and mold growth
within building cavities. Moist insulation is less efficient. Building
experts have observed pressure-derived moisture problems at only ± 1
Pascal (enough to
raise a column of water .004 inches) during severe humidity
conditions."
John Krigger,
Residential Energy (3rd Edition), page 75.
Beginning in 2004, ASHRAE Standard 62.1 "Ventilation for Acceptable Indoor Air Quality" requires proper pressurization of buildings. Maintaining a small positive pressure, relative to the outdoors, limits the entrance of outdoor moisture and is a very common strategy to prevent mold and mildew formation in a building.
The American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) develops national consensus standards. ASHRAE's Internet address is www.ASHRAE.org