Articles Posted in Chinese Drywall

In an effort to shore up support for those who have Chinese drywall in their homes, senators from several states have called for FEMA assistance to be offered to those with the toxic wallboard installed. FEMA, an acronym for the Federal Emergency Management Agency, was a bit part of the recovery effort carried out in New Orleans and responds to disasters nationwide.

The involvement of FEMA in the matter would be a huge step towards opening up funding to remove and replace Chinese drywall in homes where the owners might not have enough funds to take action. What’s more, it would be a compelling acknowledgment of the problems the wallboard causes by the government and could prove to be an important step towards changing the situation.

The Chinese drywall crisis has prompted a group of U.S. Senators to call on the Federal Emergency Management Agency (FEMA) to help homeowners. The group wants FEMA to provide rental assistance to people who have had to leave their homes because of tainted Chinese drywall.

A couple weeks ago the Louisiana Recovery Authority set aside $5 million dollars for assistance to residents who are suffering through Chinese drywall in their homes. This is an important step in the right direction towards the removal and replacement of the toxic wallboard. The Times-Picayune reports

LRA Executive Director Paul Rainwater said the authority’s staff will now design a program and make it available for public comment. The details of the application process, eligibility requirements and how the program would work are all still being developed, he said.

“You’re not even in the batter’s box, you’re still in the dugout talking about this thing,” Rainwater said in describing the status of the program’s implementation.

A couple weeks ago the Louisiana Recovery Authority set aside $5 million dollars for assistance to residents who are suffering through Chinese drywall in their homes. This is an important step in the right direction towards the removal and replacement of the toxic wallboard. The Times-Picayune reports

LRA Executive Director Paul Rainwater said the authority’s staff will now design a program and make it available for public comment. The details of the application process, eligibility requirements and how the program would work are all still being developed, he said.

“You’re not even in the batter’s box, you’re still in the dugout talking about this thing,” Rainwater said in describing the status of the program’s implementation.

The Bradenton Herald recently ran a piece that outlines just how complex the worries homeowners with Chinese drywall have when looking towards the future. While the health effects of the toxic wallboard are not fully understood, and the money to fix the problematic homes is often not yet available, still other troubles may loom. With the great risk of claims emerging from the faulty homes, insurance companies still might bail when policy holders need them the most.

The Herald reports

Aside from health concerns and displacing homeowners, toxic drywall can cause roadblocks in homeowners’ insurance policies. In most cases, insurance companies are likely to reject claims over Chinese drywall and, in some circumstances, insurers will not renew policies.

In a very well written and important Times-Picayune article, writer Rebecca Mowbray reports that the recent problems being caused by Chinese drywall in courtrooms goes beyond simple construction or building code and law and into the depths of federal laws regarding international products. Because of this faulty imported wallboard, Mowbray points out, huge problems in the law and remedy for faulty products have been exposed. While many have followed this matter for its importance to builders and homeowners, business and legal experts now see it as a crucial, highly important matter that demonstrates work needs to be done on the United States’ federal legal system.

The article explains

International trade agreements treat health and safety standards as barriers to commerce, and make it possible for manufacturers to hawk products that fall short of the importing country’s standards. Meanwhile, foreign companies that sell products in U.S. markets aren’t required to participate in litigation in American courts, and even if they did, there’s no means of enforcing U.S. legal judgments against them.

The AP reports that Chinese manufacturers may flat out ignore the lawsuits filed against them by American homeowners. While it would not be the first time, Plaintiff parties are already aware of this possible outcome and are planning accordingly. Options can include those financial institutions who back the importing of the toxic wallboard, or even seizing the ships that brought the drywall into the country.

Lawyers representing homeowners and homebuilders who used drywall suspected of causing corrosion and possible health risks say they expect Chinese companies that made the wallboard to ignore hundreds of lawsuits filed against them in U.S. courts.

So, who’s going to be on the hook for any damages courts might award?

The South Florida Business Journal reports that Judge Fallon, in charge of handling the pre-trial MDL issues in New Orleans, Louisiana, has held one of the Chinese manufacturers in default judgment for not responding to the class action lawsuit filed against them. The order comes as Plaintiffs look to find out what legal options they have for overseas defendants who refuse to respond to the class actions filed against them. The article notes

A Louisiana federal judge has declared Chinese company Taishan Gypsum Co. – one of the largest manufacturers of contaminated Chinese drywall imports – in default in a class action lawsuit.

U.S. District Court Judge Eldon Fallon’s order holds the company in default for failing to respond to the lawsuit.

The owner of 140 condos in Florida is moving its tenants around so as to complete repairs on various units that were unfortunately built with the toxic wallboard from China. The Palm Beach Post reports

The company that owns 140 condominiums at The Whitney has alerted its tenants they may be moved into different units within the building to make way for replacement of tainted drywall.

USO Norge Whitney LLC has sent a letter to its renters in the downtown West Palm Beach condo outlining what it will do should the company “need to remediate a drywall issue in your unit.”

Bringing to you two different pieces of news from this past week, Chinese drywall has been a hot topic in the news in a mixture of good and bad. With tenants being moved from their homes, as profiled yesterday, to increased governmental actions to keep citizens safe, action seems to be on the rise on a matter that unfortunately remained stagnant for some months.

First, a US Congressman has stepped out to address the long delays involved in the governmental investigation of Chinese drywall. The Virginian-Pilot reports

U.S. Sen. Mark Warner sent a letter Tuesday admonishing a federal agency for delays and missed deadlines in its investigation of the impact of Chinese-made drywall.

A very good front-page piece came out in today’s Times-Picayune summarizing the difficulties faced by homeowners in Louisiana in regards to suing for the installation of Chinese drywall put in their homes. Featuring a timeline of the various tort reforms enacted over the years in Louisiana, the piece will give those not in the know about the legislative enactments over the year an idea of what processes could have been available and just how much those doors have been closed.

The feature, available online and, again, in today’s paper, recounts

Back in 1996, the Louisiana Legislature passed one of the nation’s most aggressive tort reform acts to fulfill a campaign promise of then-newly elected Gov. Mike Foster to improve Louisiana’s business climate.

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