You could have paid a large up-charge by using only treated lumber, which resists mold growth.

As it is, all spots in the second from top joist should be cleaned--oxygen bleach is often recommended--and dry before being enclosed. If you are insisting that all the wood above is mold contaminated and should be replaced/or cleaned that's another matter.

At first he said oh that’s just dirt and said it’s all treated wood. I didn’t argue just reminded him about our son and then was standing off to the side taking pictures of it. He said I know this is a concern for you and I’ll have my lumber guy come look at it.

Glad your builder is going to have the lumber guy look at it,  but you might need an independent person to provide you with an expert opinion.  Also,  even though he said that's treated wood,  it doesn't look like it to me.  Most pressure treated wood will be a different color / dyed.  However, given your son's sensitivity to mold,  I would also be concerned around whether treated wood could cause any issues.

I need serious direction and advice on how to address this and what to do

How to address what? Do you want someone to tell you how to eliminate the mold, or how you might deal with the builder?

Since you have a real concern, did you write into the contract anything about using only mold free materials.

Moisture management is key to mold management. What steps is the builder taking to prevent water from getting into the structure?

Did you research and consider alternative (less typical) materials like steel framing that will never be moldy? You can use paperless interior gypsum drywall instead of paper faced drywall, and there are many other material choices that would make sense when building with the goal of reducing the potential for mold.

Have you reached out to a mold remediation specialist for advice?

I just noticed this today. I have worked with remediation specialists and previously but my plan was to ermi test the home before closing, have specialist come out based on whether there was a presence of toxic molds. I did not to see moldy framing and wasn’t looking for it. From my previous posts, you can probably tell how stressful this has been. I work full time, have small kids who seem to always be sick, moving and trying to navigate decisions for a new home where I admit are way over my head. The market was tough. I refused to move to another house built in 1940. We were trying to sell and find a house in a market where every house had 10-12 bids on them on day 1 on the market. This house is 500 ft from our old house. The foundation hadn’t been poured yet. It’s new, I thought. I know new builds can have mold issues. I am in 5 Facebook groups about healing from mold. I did not research materials nor would I have had a say. I made sure to tell him my concerns, he was very empathetic and said he would do research on things he could do to overly protect us. I wanted to trust that. When you say you suggest building my own house, that is a comment that I was upfront about asking someone to not make. If I pull out of this house, I lose $180k. Do I wish I could do that? Yes but the next best thing is to try and learn what my rights are pertaining to what a builder has to do and remediate when this happens. Am I at risk for having to pay this cost? I will certainly call my mold specialist but I would like to come up with a plan and share that with the builders. Or can I pull my money bc the home they’re building is unsafe for my ill child? Do builders have an obligation to remove these pieces?
That is what I was asking for. I’m not really in a “learn from this mistake” place yet. I don’t know that I have an option to get out of this contract and custom build. I just want to still be able to provide a healthy environment for my son to promote healing. If this is no longer possible, then my goal should be to try and back out.

The ERMI test is not recommended for your purposes by the EPA, which developed it as a research tool.

Unless there were written provisions that the builder would meet your demanding standards, I doubt you have a case for rescission. Consult a qualified legal practitioner.

Is removing mold a demanding standard?

I think your tolerance to mold and the possibility of it impacting your family is above what most people would focus on. This is because of your experiences thus far and totally valid. Looking back at our framing I see we had boards like you posted and I didn’t even think to worry about it or ask about it. But we also haven’t been sick from mold so it’s not remotely on my radar.

I've seen many boards like this used. They seem to usually come from the supplier and not a new growth just starting. And will usually dry out. Moisture is needed for mold to grow. You know more than me, if the area dries out wouldn't the mold die also.

I would just replace if you can. Looks like an installed floor joist which would be difficult.

A power planer with a dust collection bag would remove it also and not structurly effect it. Could it be incapsulated if another board that was covered in glue was fastened to it? Stapled plastic over it.

Your home is built. There will be special issues you will need to deal with. Fortunately you got yourself educated in your needs. Now it's just a matter of learning how to comunicate with your contractor better.

Hey you can do this

It appears to be lumber yard mold which will be inactivated once indoor conditions are controlled. "A power planer with a dust collection bag would remove it also and not structurly (sic) effect it." A power planer is a great way to distribute mold spores and weaken the floor joist at the same time. If you feel there is a need to remove the mold, there are a variety of commercially available cleaning agents designed for the purpose.

@charles what is the most effective way to remove it? Does removing it ensure the spores will die and not be susceptible to regrowth in certain weather conditions?

Cleaning is essentially a surface treatment. We don't know how deep the mold has penetrated the joist, so there's no guarantee that cleaning will prevent reactivation under the right environmental conditions. I'm not a mold/mildew expert, but my understanding is that lumberyard mold doesn't emit mycotoxins nor cause allergen issues. If it were my home, I'd leave it alone.

That said, I recommend you consult with experienced professionals to help you choose the appropriate insulation, HVAC system, and interior surfaces for the home given your son's respiratory/allergy issues.

When you say you suggest building my own house, that is a comment that I was upfront about asking someone to not make. If I pull out of this house, I lose $180k.

Fortunately, this isn't Facebook. Here you get raw, unfiltered suggestions.

I was not suggesting you walk away from this house, but rather sell it.

Yes but the next best thing is to try and learn what my rights are pertaining to what a builder has to do and remediate when this happens. Am I at risk for having to pay this cost?

Why would the builder have to do anything? Is there anything in your contract that the builder is not adhering to?

The house probably does not belong to you -- not until closing.

Or can I pull my money bc the home they’re building is unsafe for my ill child?

Did the builder agree in writing to do anything extra, or special to accommodate your needs?

I'm sure this entire process is incredibly stressful for you, but it's up to you to research, make decisions, and then deal with those decisions. You entered into a contract that both you and the builder need to adhere to.

I'd find a local mold specialist, and have a meeting with the builder to work out any existing issues, and to plan how things might be done going forward. Keep in mind that your builder is not obligated (unless it's spelled out in the contract) do do anything other than deliver the house as promised. Be prepared to pay.

One problem is, are you able to unsee the mold? Will you be confidant that everything possible has been done to eliminate existing mold, and to ensure the home will be as mold free as possible going forward? What if your son does not improve? Will you blame the new house? If everyone here says the mold you see is harmless, will you believe them?

I lose $180k. Do I wish I could do that? Yes but the next best thing is to try and learn what my rights are pertaining to what a builder has to do and remediate when this happens.

That is what I was asking for. I’m not really in a “learn from this mistake” place yet. I don’t know that I have an option to get out of this contract and custom build.

In your other thread several of us suggested you talk to a CONSTRUCTION LAWYER. Have you done that? What did he/she say to do? This is what you need to do before moving forward and possibly having a 1.6 million dollar house you can't live in.

Katie:

While I'm completely sympathetic to you and your son, you are misguided and grossly over-reacting here. This little bit of mold on framing lumber will dry up and die soon. No construction lawyer, no yammering at the builder; you need deescalation and introspection immediately.

"Mold will not grow once the materials dry out."

Sometimes blunt advice that isn't what you want to hear is in fact the most kind.

Katie, I'm sorry you're dealing with this added stress on top of everything else. Without going into details, our family's situation was somewhat similar and I can empathize. The majority of responses here have probably given you an idea of how your builder is likely to respond. If you find that you're unable, or unlikely, to walk from this house and buy another one, then maybe the products we used will be helpful.

Where we lived previously, and in the area where we recently had a custom home built, I was unable to find local experts to address the concerns we share. In the past, we had good results using Zinnser's Jomax products to clean framing lumber when we had a mold problem. I read everything I could find on mold remediation, bought the HAZMAT type suits and masks, heavy duty bags, lots of tape, etc. Removing moldy drywall and treating the framing had to be a DIY job, which isn't ideal but we couldn't just do nothing.

For our current home, my husband spent multiple evenings wearing a Tyvek coverall and respirator mask while he applied Bora-Care with Mold Care to every inch of wood framing inside our ICF house. No doubt some here would find that silly, or at least overkill, but it gave us some peace of mind. My husband is now facing some unrelated health challenges that will result in him being immunocompromised, so I am doubly appreciative.

I spent a lot of time researching HVAC options and decided to go with a company that would install the Ultra-Aire/Santa Fe ventilating dehumidifiers along with an efficient heating and cooling system. We had an ERV in a previous home and it turned out to be a mistake in that climate where we had lengthy shoulder seasons which meant little or no demand for cooling during months of humid days. With the ventilating dehumidifiers we are much better able to control humidity in our home to prevent mold growth while still bringing in fresh air.

While it would be better if you could have one or more ventilating dehumidifiers installed during construction, I gather that might not be possible. You can successfully retrofit the systems, but that will obviously cost a bit more. If you have to wait to install whole house ventilating dehumidifiers, then in the meantime you could at least run several portable dehus to help keep your indoor humidity low enough to prevent mold growth. Even without the health challenges your family faces, it's a good idea to help dry out a new home for the first year. Combine them with some good HEPA air purifiers while the materials in the house off-gas, and try to introduce fresh air regularly by whatever means you can.

Good luck!

"We had an ERV in a previous home and it turned out to be a mistake in that climate where we had lengthy shoulder seasons which meant little or no demand for cooling during months of humid days." An energy-recovery ventilator (ERV) is installed to provide fresh air ventilation for occupant health and safety. It's not a dehumidifier (although it can reduce the moisture content of fresh air entering the home by moisture exchange across its core.) Dehumidification is a key function of a properly-designed air conditioning system. If you have long shoulder seasons, your HVAC system may need to include supplemental dehumidifiers; I have one on each level of my home in coastal VA.

@jp haus thank you for the kind post. Yes, I have gotten a pretty clear idea of builders responses and reactions to my concerns. Lesson learned ;)
I appreciate the suggestions and I am going to read into those products. We also had previously worked with a very expensive environmental sciences specialist for testing and treatment protocol. I am going to see what he recommends. I imagine (especially after some of the feedback here) that this will come out of our pockets.
They added an air filtration system but I am going to have to ensure there are humidifiers on both hvacs. I did email the builders and am going to talk to our attorney.
I understand builders on here take offense to being accused of ever doing anything wrong. But some of these responses when we’re talking about a sick 4yo child (regardless of what context it’s in) are downright cruel. I can’t imagine commenting on someone’s post about their child being sick and saying “stop reading wackadoodles scaring you to death about normal life. This has been my normal life.”

When environmental toxins are the root cause of this, I take mold seriously. I just figured experts would have expert advice either on how to ensure we’re not at risk or what products or steps can be taken given I don’t have anything written in the contract. Again, lesson learned.

Also, is it too late to involve a construction lawyer. If so, then that advice isn’t helpful either.

Hopefully you can come to peace about this and find a way to protect your baby. And maybe the wackos are not you.

Kinda bad when folks try to help and make suggestions and how others can try to diminish their suggestions. Things start getting balled up.

I will say a prayer for your child and family

Thank you, aklogcabin, not trying to get emotional but was hoping for sound advice not being told that mold is a conspiracy.

Also, is it too late to involve a construction lawyer.

It is never too late to involve a construction lawyer.

We involved ours toward the end of our build because of all our builder's errors. It saved us lots of money in the long run. And a good construction lawyer also has a top notch house inspector available too. You need a construction lawyer.

Why not get a mold specialist in? They would be best for looking at the situation and determining how best to proceed. Maybe they can check the entire build and give you suggestions. It would be worth the money and give you peace of mind.