Parker Waichman LLP

Rules Sought for Chinese Drywall Settlements

Homeowner attorneys are hoping to protect their clients by seeking rules in settlements over defective Chinese drywall. Bradenton.com said the lawyers are asking a federal judge to put some rules in place on manufacturers’ settlement attempts with home builders, noting that builders and Knauf Plasterboard Tianjin Co. Ltd. (KPT), could potentially use settlement talks to […]

Homeowner attorneys are hoping to protect their clients by seeking rules in settlements over defective Chinese drywall. Bradenton.com said the lawyers are asking a federal judge to put some rules in place on manufacturers’ settlement attempts with home builders, noting that builders and Knauf Plasterboard Tianjin Co. Ltd. (KPT), could potentially use settlement talks to persuade homeowners to agree to terms that would not be in their best interests.

For instance, wrote Bradenton.com, builders could unfairly use talks to ensure homeowners—who might not fully understand the ramifications involved—waive legal rights or accept inadequate remediation.

The attorneys are hoping the judge will oversee the case, which Bradenton.com described as “massive,” to ensure broader disclosures by builders and KPT, such as settlement decisions and prior court decisions, in all homeowner communications.

KPT is just one of hundreds of drywall makers, suppliers, distributors, and installers that are looking at a range of lawsuits over the defective drywall, generally from China, said Bradenton.com.

Since late 2008, the Consumer Products Safety Commission (CPSC) has received more than 3,000 reports from residents in 37 states, the District of Columbia, and Puerto Rico regarding defective Chinese drywall. Gases emitted from Chinese drywall are being blamed for significant property damage, including damage to HVAC systems, smoke detectors, electrical wiring, metal plumbing components, and other household appliances.

These gases also produce a sulfurous odor that permeates homes, and cause metals, including air conditioning coils and even jewelry, to corrode. People living with Chinese drywall have also suffered eye, respiratory, and sinus problems that may be linked to the gases.

The CPSC says the only way to fix Chinese drywall homes is to remove both the wallboard and the electrical wiring and other components, which typically involves essentially gutting the homes.

Meanwhile, the cases have been consolidated into one proceeding with U.S. District Judge Eldon Fallon, explained Bradenton.com. Judge Fallon has already ruled for homeowners in two prior test cases, ordering KPT and another manufacturer to remediate the homes, which involves a gutting of the structures and a rebuild of the interiors, said Bradenton.com.

The manufacturers are appealing and the moves led to KPT to seek settlements with the builders, with one deal being publicized, to date: $800,000 with Beazer Homes USA involving some 50 homes in Southwest Florida, noted Bradenton.com.

According to court papers filed by the homeowners’ attorneys, increased disclosure is needed since they allege that settlement attempts are seeking to avert and bypass Judge Fallon’s rulings as the core for larger, nationwide remediation criterion, added Bradenton.com.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
I want copy for court cases for vaccines injuries . My little girl have signs of GBS
Wael Jaber
a year ago
5 Star Reviews 150
Christina Morace was assigned to my husband’s case and she has been absolutely wonderful. She is the epitome of professionalism she clearly explained every step of the process and always quickly responded to any inquiries you may have based on her treatment of us alone I would recommend Parker Waichman to anyone seeking the legal service they provide.
B Holt
2 years ago
5 Star Reviews 150
Great place. Good service and helped with everything needed.
Bus Ministry
6 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038