We just bought a new house that will complete construction in a few months. The builder delayed the framing work for two weeks and the wood materials were placed in open for our raining season. We complained and now the builder started the framing work. But today we saw lots molds in the wood stud, and several studs looks half-rot (am I right?); see the photos I attached. What should I do? The upper level is not framed yet, should we ask the construction manager to replace the rotten ones? (I feel replacing is cheaper than treating.) We are concerned as our daughter had long coughing issues with mold in a appartment we lived before. The seller said once that the city inspector will make sure the construction comply to the code; is mold typically included in the city construction code? If yes where to find it. Its our first home so any information will help.

If the builder refuse to replace the rotten stud what should we do? I saw online that drying the stud right after sheet wall helps, and/or clean the mold with peroxide. This city is a strong seller market and we have to sign a looks un-fair contract (I copied the portion regarding mold below), but I still hope to replace the bad studs.

Thank you in advance and happy new year!

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Mold section in our contract.

Mold and Mildew. Buyer acknowledges and agrees that Seller will not be liable for any actual, special,

incidental or consequential damages based on any legal theory whatsoever, including, but not limited to, strict liability,

breach of express or implied warranty, negligence or any other legal theory with respect to the presence and/or existence

of molds, mildew and/or microscopic spores unless caused by the sole negligence or willful misconduct of Seller. Buyer,

on behalf of itself and its family members, tenants, invitees and licensees, hereby releases Seller and Seller’s officer’s,

directors, partners, members, successors and assigns from and against any and all claims, actions, damages, causes of

action, liabilities and expenses (including without limitation, attorneys’ fees and costs of enforcing this indemnity) for

property damage, injury or death resulting from the exposure to microscopic spores, mold and/or mildew and from any

loss of resale value due to the presence and/or existence of mold, mildew and/or microscopic spores, provided, however,

that in no event is Buyer releasing Seller from property damage which results from the presence and/or existence of mold,

mildew and/or microscopic spores which is caused by the sole negligence or willful misconduct of Seller.