Category : Chinese Drywall
Even though the Chinese drywall debacle is centered largely in Florida, the legal eagles involved in several China drywall class action lawsuits will be heading to the Big Easy in order to litigate Chinese drywall problems.
According to the June 15th, 2009 edition of the Tampa Bay Business Journal (TBBJ) the various class action lawsuits that have been filed alleging problems with drywall manufactured in China, will be consolidated and tried in New Orleans.
In addition to Florida, Chinese drywall lawsuits have sprung up in Virginia, Louisiana and Ohio, among other states.
The Florida Department of Health, as of June 15th, was tracking more than 440 complaints surrounding allegedly defective drywall imported from China. Most contractors use drywall manufactured in the US, but a combination of shortages driven by the building boom and attractive pricing prompted some contractors and suppliers to look to China for alternative product.
Some houses were built exclusively with Chinese drywall, whereas others were found to contain Chinese drywall interspersed with US-sourced product.
Chinese drywall problems first appeared in the various cities dotting Florida’s Gulf Coast in the southwest sector of the state, and attorneys in South Florida argue that Miami would have been the preferred location for the Chinese drywall class action consolidation, given the observation that the majority of problems with regard to the imported product occurred there.
For many, the Chinese drywall problems have meant that remaining in their homes or vacation properties, presents a significant challenge.
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What do we know for sure about Chinese Drywall?
The effects of defective Chinese drywall are just beginning to show themselves in homes across the country, and predominately in the Southeast. Families who are currently living in homes with the tainted drywall have filed numerous complaints with state agencies, class action lawsuits, and online discussion boards describing the same symptoms again and again:
- A sulfuric (rotten egg) or ammonia-like smell
- Copper piping and metal wire corrosion
- Tarnishing on mirrors, silverware, metal faucets and jewelry
- Corroded appliances, failing air conditioner coils
- Health issues ranging from headaches and nosebleeds to upper respiratory issues
Federal government agencies including the Consumer Product Safety Commission, Environmental Protection Agency, and Centers for Disease Control are all currently conducting investigations to root out the causes, effects, and solutions for homeowners.
Right now however, the main thing homeowners need to do is document any evidence possibly related to their tainted drywall situation including:
- if and when repairs are made to pipes, wires, appliances, and air conditioner coils (along with photographs)
- any and all health concerns, especially headaches, coughing, sinus problems, and other upper respiratory ailments
- photographs and dates documenting tarnished mirrors, jewelry, and other affected materials
You can also file a complaint with the US Consumer Product Safety Commission, the Attorney General of Florida, or other agencies.
Contacting your builder directly with your findings and concerns is a good first step to see if they will work with you concerning the defective drywall damage your home may have already suffered. While the investigations are currently ongoing, insurance companies and builders may try to delay removing the drywall.
Chinese Drywall class action lawsuits have been filed in Florida (where most of the problems have occurred) and more recently in North Carolina and Virginia. Homeowners allege that the Chinese Drywall has damaged their homes by corroding metal–and it is making them sick.
It is estimated that more than 100,000 homes may have been built with contaminated drywall, with more than 35,000 in Florida. Nearly 60 percent of the drywall came in through Florida ports, enough to build 36,000 homes.
Lennar Homes Class Action
Lennar Corp., one of the largest home builders in the US, admitted to building homes with imported Chinese drywall between November 2005 and November 2006. An environmental firm contracted by Lennar conducted air sampling in homes they built which confirmed the presence of sulfur. At that time, Lennar admitted to at least 80 homes having been built with the sulfurous drywall in Southwest Florida, but in March 2009 one homeowner that LawyersandSettlements spoke with said Lennar has built thousands and thousands of homes that could be affected by Chinese drywall.
According to the Associated Press, the named plaintiffs in the class action lawsuit against Lennar, filed in the US District Court for the Southern District of Florida, claim they bought two homes built by Lennar that were made with the Chinese drywall, which emits sulfur gases and other fumes.
In January, the company promised to absorb all costs related to the drywall replacement, including relocation expenses for people living in the houses.
Lennar also filed suit against several manufacturers and suppliers of Chinese drywall, including the Chinese firms Knauf Plasterboard and Tianjin Co., and Taishan Gypsum, controlled by the Beijing New Building Materials Public Limited Co., (BNBM), which is a state-owned entity controlled by the Chinese government, as well as Banner Supply of Florida, claiming the defendants sold defective gypsum drywall that was installed in homes built by Lennar, which caused substantial damage to the company.
Lennar isn’t the only builder to have used Chinese drywall. Other Florida builders include Taylor Morrison, WCI, Meritage Homes, Ryland Homes, Transeastern and Standard Pacific.
North Carolina Class Action
A North Carolina couple were the first to file a lawsuit: Mary and Daniel Flannigan said they had a “mysterious odor” in their home for years and finally discovered the reason after seeing news reports about Chinese drywall problems in Florida. According to the suit filed in US District Court, the gas also damaged metal utensils, electronics, wiring and appliances.
According to attorney Richard Lewis, of Hausfeld LLP, drywall problems are not limited to drywall imported from China. Homes containing drywall made by US manufacturers are showing the same corroded metal surfaces.
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More and more homeowner’s are discovering that Chinese drywall may be part of the matierals used to build their houses. The toxic drywall emits sulfur gases that are so toxic they can corrode metals within close proximity of where the Chinese drywall is located. The oxidation is even noticeable in common items that may be around your home such as; jewelry, picture frames, electronic devices and appliances. The oxidation is also noticeable in copper wiring, copper plumbing and air conditioning ducts. The toxic materials in the dry wall put elderly and children at a higher risk than anyone else.
The Chinese drywall in question was manufactured with a very high level of gypsum. Gypsum is a natural occurring mineral. Knauf International GmbH a company that has produced some of the toxic drywall has traced their drywall from a mine Shandong China. Knauf International in only one of the few manufacturers of the drywall that have acknowledged that there may be an issue according to United States Officials. There are numerous other manufacturers who have not admitted that the drywall they have produced may be causing health issues.
The US had a major housing boom between 2004-2007, rough estimates put the amount of drywall imported from China in that time frame at close to 312 million square feet. It is difficult to give the exact number of homes affected by the toxic materials in the drywall. In South Florida alone there have been over 175 homes reported to contain the toxic drywall.
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Hurricane Victims Must Rebuild Their Lives Again
Those who lived through the devastation of Hurricane Katrina and were able to rebuild their homes might have to go through the whole process yet again due to the use of defective Chinese drywall.
The tainted Chinese-made drywall, also known as wallboard or plasterboard, is being blamed for:
Rotten-egg like sulfuric fumes
Corroding copper pipes and metal wiring, and
Even health problems for those living in the affected households.
It is estimated that over 500 million pounds of Chinese drywall was imported to the U.S. between 2004 and 2008 and peaked in 2006, right after the notorious storm destroyed thousands of homes in Louisiana and Mississippi.
Hurricane Katrina victims might have welcomed the inexpensive building materials at the time, but the idea of having to gut their new homes seems to reopen old wounds.
It makes me wish there would be another flood to wash it out said St. Bernard Parish resident Lauren Stone of the damage done to her new home by the tainted drywall.
Coincidentally, location seems to be a major factor in discovering the defective drywall. The heat and humidity in the Southeast (where the vast majority of cases have been reported) seems to stimulate the defective drywall rapid deterioration and corrosive effects.
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Chinese Drywall Problems
Health issues due to the defective drywall have plagued many Florida residents and have forced them out of their new homes. Residents are complaining that the Chinese drywall is making them sick. Health officials are concerned that the toxic drywall fumes could be especially dangerous for children or the elderly. Other people at risk include asthma and allergy sufferers and people with chemical sensitivities.
Members of congress are considering declaring a State of Emergency in Florida, due to the high volume of complaints regarding the defective drywall.
According to the press release made by Congressman Wexler, it states that he has introduced the Drywall Safety Act of 2009, which requires the Consumer Product and Safety Commission to examine Chinese drywall and make recommendations as to whether new safety standards are necessary to ensure drywall is safe for use in residential construction. The legislation also establishes an immediate ban on any drywall that constitutes a safety hazard. There has also been other legislation introduced by Senators Bill Nelson (D-FL) and Mary Landrieu (D-LA).
Get Information On Filing a Chinese Drywall Claim
Who Can Sue?
Builders known to be dealing with the drywall problem are Lennar Corp., Standard Pacific Homes, Taylor Morrison, WCI Communities, Ryland Homes, Aubuchon Homes, and Meritage Homes.
Plasterboard Tianjin Co. Ltd. is one of the Chinese manufacturers that sold defective Chinese drywall to home builders such as Lennar Corporation. Knauf has stated the problem should only be happening in Florida its drywall does not pose a threat to residents living in affected homes. Knauf also blames wiring and corrosion problems as the fault of another company although they do not mention the name.
One of the most recent cases involves five Miami couples claiming that their homes in Lennar Tuscany Village were built using defective Chinese drywall and Miami law firm Alters, Boldt, Brown, Rash, Culmo have filed federal and circuit court civil suits in the family behalf. The lawsuit involves both Lennar and Knauf Plasterboard Tianjin along with seven other companies.
Lennar Corporation is also suing the U.S. suppliers that shipped the Chinese drywall and has initiated a program to do inspections and remove drywall which is about a six month process.
Get Information On Filing a Chinese Drywall Claim
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