Articles Posted in Chinese Drywall

A story coming out of Coral Gables, FL, demonstrates it’s not just the everyday homeowner who has been struck by Chinese drywall. Even builders have constructed homes for themselves unwittingly with the faulty wallboard. With timelines unclear in regards to when progress will develop, this builder decided not to wait any longer and gutted the 2,300 square foot home as soon as the sulfuric smell wafted into the air.

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…waiting could just make the problem worse, said Frank Mackle, a home builder who recently discovered his own house has the problem product.

The housing market has plummeted on tainted homes in the Gulf Coast area. While buyer beware appears to be the current premise for these sales, some are falling victim to sellers failing to disclose the condition of the homes.

WINK news in South Florida reports

A never-lived-in, four bedroom, two bath home in Northwest Cape Coral is selling for a steal — just $19,800. But buyer beware: the low sticker price is because the home is infected with Chinese drywall. Still, people are interested.

During the pretrial coordination taking place in New Orleans regarding the Chinese drywall class actions taking place across the country, a judge has recently indicated steering committees may be named soon. These committees, one for the collective defenses and one for all of the plaintiffs, are comprised of attorneys within the respective sides and work towards strategy and motion filing. The steering committees are so important because, when matters such as an MDL come down, the various different attorneys from across the country need a coordinated approach to the pre-trial motions because what occurs there affects each of their cases, across the country.

In brief

Some of the many Chinese drywall lawsuits might be seeing a courtroom in as early as six months. The HeraldTribune.com reported that prominent Judge Eldon E. Fallon, who is overseeing “the combined litigation” taking place in New Orleans, is preparing to announce the legal leads for both sides-—so-called “steering committees”—said the HeraldTribune.com.

The search for “a fix” continues as members of Congress solicit aid for their constituents buried under and suffering symptoms from the Chinese drywall in their homes. While litigation efforts may be nearer than what had been previously thought (check this blog tomorrow), homeowners may need help sooner than even that. As a result, Senators from various states have united to try to get help for these people in need.

The Senators, all Democrats, all come from Southern states in which homes were tainted by the Chinese drywall. In soliciting assistance from the White House, the members of Congress are working to exhaust all opportunities available to them in order to get change and relief for homeowners. The Virginia-Pilot reports

U.S. Sens. Mark Warner and Jim Webb of Virginia and other lawmakers sent letters this week to government agencies urging them to come to the aid of families and businesses hurt by tainted Chinese-made drywall.

The head of the Consumer Product Safety Commission (CPSC) leaves today on a trip to Asia that will focus on notifying and warning major exporters that tough regulations regarding toys, drywall and other defective products are to come. These warnings come in the face of serious problems in American homes as toys painted with lead-based materials and Chinese drywall have led to major health concerns and a skeptical eye towards cheaply made products imported from the Far East.

The Miami Herald reports

Inez Tenenbaum, a former South Carolina public schools superintendent who was confirmed by the Senate last month to head the consumer agency, will spend nine days in Hong Kong, Singapore and Vietnam.

In an article from Florida, homeowners are complaining that even when the Chinese drywall that was so toxic and harmful to their home and goods is removed, the smell and damaging fumes remain. Even after the faulty wallboard is taken out of the home, people are complaining that wires, coils and others materials are corroding and the sulfuric smell can still be found.

This is obviously a big problem as it means that either homes will have to be vacated for extended periods of time to allow the dissipation of the gas or that a new process will be necessary for removal that may end up being much more costly. In the end, the homeowner loses even more regardless.

WINK reports about one couple who, expecting a baby in the coming months, have had their world turned upside down by this tumultuous issue:

New Orleans Saints head coach Sean Payton has Chinese drywall in his home. And he’s suing. According to the Examiner, the football coach has had a significant uphill battle to face in decorating and operating in his home, something many people in the community can likely relate to. The article notes that Payton has filed suit and that his home requires repair but who to pursue is vauge.

In an interview with CNN, Payton said about the possibly tainted drywall from China,

“We’ve had 5 computer failures, we’re on our 4th hard drive right now. We had 13 air conditioner service calls and three different coil failures. We’re on our third microwave oven panel, we’ve had to install a second set of phone lines, and a second alarm system.”

An article was recently published online that points out the difficulties homeowners with Chinese drywall face because of the dearth of information and policy to attack the faulty wallboard with. While Louisiana law does provide some manners in which litigation may move forward, there is not as much there as there could be. Previous legislation efforts proposed recently would have aided this matter.

A summation of legal angles on the matter include various different manners in which the law may be used but would require a skilled lawyer with the right case and information:

Right now, according to the Business Report, Louisiana homeowners can sue for defective drywall under the state’s Home Warranty Act. But under that law, there’s strict timetable for what is covered under warranty based on when the lawsuit is filed and when the home was built. If drywall problems were not immediately identifiable shortly after a house was built, that avenue of relief could be closed to them, the Business Report said.

In an article that further outlines why a lawyer is necessary for settling Chinese drywall matters, the Business Report recently outlined Louisiana’s battle against the faulty wallboard and the complex legal issues surrounding liability. Given that the product is imported and suppliers and contractors will claim to have been unaware as to its faultiness or toxic state, getting a resolution may be nearly impossible for most homeowners:

It’s unclear how many Louisiana residents have been affected by Chinese drywall, says Ray Kothe of Kothe Contracting and Construction Management and chairman of the National Association of Builders Chinese Drywall Taskforce. He had heard from a handful of Baton Rouge residents, but most homeowners that have been affected are in New Orleans and on the Northshore of Lake Pontchartrain.

But Louisiana homeowners with Chinese drywall might have problems proving their case without a federal- or state-sponsored measure to assume burden of proof, says David Nelson, a partner with Kean Miller who specializes in construction litigation. One such measure, authored by Sen. Julie Quinn, a Metairie Republican, and dropped during the legislative session, would have allowed homeowners to sue builders, suppliers and manufacturers for any damages related to Chinese drywall, including both replacement of drywall in the home and health-care issues that might develop.

In a more lighthearted series of news relating to Chinese drywall, video game and entertainment system fans have recently been blogging about the possibility that the faulty imported wallboard could be frying the Xbox. Recent Consumer Product Safety Commission warnings have included the following list of tell-tale signs your home is Chinese drywall built:

persistent rotten egg odor

respiratory or other symptoms alleviated by leaving a building and worsened on return