Yourlawyer.com (Defective Chinese Drywall News)

Chinese Drywall Test Results Due Monday

Fri, 20 Nov 2009 00:00:00 -0800

More results of Chinese drywall testing conducted as part of the U.S. Consumer Products Safety Commission's (CPSC) massive investigation are expected to be released next week. The highly anticipated report will arrive just days before an important lawsuit deadline arrives for some Chinese drywall homeowners.

The next round of test results will address the corrosion of copper wires and other metals in homes with Chinese drywall – whether this is being caused by fumes from the wallboard, and whether the corrosion of wiring poses a fire hazard. The CPSC is also expected to release results of tests done on indoor-air samples collected from about 50 U.S. homes with Chinese drywall.

The CPSC has received about 1,897 reports from residents in 30 states, the District of Columbia, and Puerto Rico concerning 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.

Chinese drywall poured into the U.S. between 1999 and 2007 because of the high demand created by the housing boom. Imports accelerated when the rebuilding that followed Hurricane Charley in Florida in 2004, and Hurricane Katrina along the Gulf Coast in 2005, created a drywall shortage. According to an earlier Wall Street Journal report, some 500 million pounds of Chinese drywall was imported to the U.S. during the housing boom. That means as many as 100,000 homes throughout the country could have been built with the material.

Late last month, the CPSC release the initial results of three studies that compared Chinese and domestic wallboard. Those tests revealed that samples from China emit volatile sulfur compounds at a higher rate, and contain higher levels of sulfur and strontium, than the American-made product. However, the CPSC still could not say if there was a direct link between the Chinese drywall and the health problems homeowners are reporting.

It is hoped that test results scheduled for release Monday will clarify that issue. If health risks are found, some avenues of financial aid could open up to Chinese drywall victims. According to Scripps News, the report might begin the process to allow homeowners with toxic drywall to become eligible for a significant tax write-off for a "casualty loss." Such a deduction applies to the destruction associated with a sudden or unexpected event.

The report could also help spur the availability of disaster-related funds from the Federal Emergency Management Agency and the U.S. Small Business Administration. To do that, the report would have to link the drywall to homes built as a result of hurricanes in 2004 and 2005, Scripps News said.

If the CPSC does release its Chinese drywall test results on Monday as expected, the report will have arrived less than two weeks before some Chinese drywall homeowners face an important legal deadline. By December 2, victims whose homes were built with wallboard made by Knauf Plasterboard (Tianjin) Co., Ltd. must sign onto an omnibus class action lawsuit against the company if they want to avoid some onerous international requirements. Knauf has agreed to waive its rights under The Hague Convention for the Service of Process Abroad for claimants who join this lawsuit by December 2. This offer will greatly streamline the litigation process for plaintiffs who make the deadline.

The December 2 deadline is a hard deadline, and the omnibus complaint will not be amended at a later date to add more people. To be eligible for the omnibus lawsuit, claimants must submit pictures or other proof that they have wallboard made by Knauf Plasterboard in their homes by December 2, 2009. Any Chinese drywall homeowner interested in becoming a party to this lawsuit must start now by contacting an attorney and arranging to have their home inspected. Parker Waichman Alonso LLP, the first law firm to file a federal Chinese drywall lawsuit, is offering assistance to any homeowner interested in joining the Knauf Plasterboard lawsuit. Free consultations are available through the firm’s website at www.yourlawyer.com, or by calling 1-800-LAW-INFO (1-800-529-4636).

Chinese Drywall Insurance Bill Proposed, Lawsuit Deadline Nears

Wed, 18 Nov 2009 00:00:00 -0800

A Chinese drywall bill just introduced in the U.S. Congress would prohibit insurers from dropping or changing policies on homes built with tainted Chinese drywall. According to The Bradenton Herald, the Chinese drywall insurance bill is being sponsored by Rep. Charlie Melancon, D-La.

The U.S. Consumer Products Safety Commission (CPSC) has received about 1,897 reports from residents in 30 states, the District of Columbia, and Puerto Rico concerning 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 drywall problems have forced many people out of their homes, and some families are dealing with the heavy financial burden of paying both rent and mortgage payments. Those unable to afford additional rent have no choice but to stay in their smelly – and possibly hazardous – homes.

As if they didn't already face enough issues, some homeowners have reported that their insurance company dropped, altered or refused to renew coverage on their homes because of Chinese drywall. According to The Bradenton Herald, the proposed "Drywall Victim Insurance Protection Act" would make it illegal for insurers to cancel or not renew policies on single-family homes and condominium units based on the fact they contain or are suspected of containing drywall with certain characteristics, including wallboard that was manufactured in China from 2004 to 2007 or has elevated levels of sulfur or strontium.

Unfortunately, some experts told Bradenton Herald that the "Drywall Victim Insurance Protection Act" would not be very effective, even if it is passed and signed into law. That's because state, not federal, governments regulate insurance companies.

On another front, Chinese drywall victims whose homes were built with wallboard made by Knauf Plasterboard (Tianjin) Co., Ltd. are running out of time to sign onto the omnibus Chinese drywall lawsuit against the company that will be filed on December 9. Knauf has agreed to waive its rights under The Hague Convention for the Service of Process Abroad for claimants who join this lawsuit by December 2. The Hague Convention for the Service of Process Abroad requirements were a huge obstacle to claimants, and Knauf’s offer to waive them will greatly streamline the litigation process for plaintiffs who make the deadline.

The December 2 deadline is a hard deadline, and the omnibus complaint will not be amended at a later date to add more people. Claimants will also face a second deadline – December 14 – by which time they must have filled out a profile form.

To be eligible for the omnibus lawsuit, claimants must submit pictures or other proof that they have wallboard made by Knauf Plasterboard in their homes by December 2, 2009. Any Chinese drywall homeowner interested in becoming a party to this lawsuit must start now by contacting an attorney and arranging to have their home inspected. Parker Waichman Alonso LLP, the first law firm to file a federal Chinese drywall lawsuit, is offering assistance to any homeowner interested in joining the Knauf Plasterboard lawsuit. Free consultations are available through the firm’s website at www.yourlawyer.com, or by calling 1-800-LAW-INFO (1-800-529-4636).

Chinese Drywall Repair Fraud Prompts Call for Crackdown

Tue, 17 Nov 2009 00:00:00 -0800

The number of firms offering Chinese drywall "solutions" has exploded in recent months, prompting a group of U.S. Senators to ask the Federal Trade Commission (FTC) to crack down on such scams. It's important to remember that no Chinese drywall remediation or testing protocols have been established as yet, so any claims that a particular company has found a fix for the Chinese drywall problem are questionable at best.

In a letter to FTC Chairman Jon Leibowitz, Senators Mary Landrieu, (D-La), Bill Nelson (D-Fla.), David Vitter (R-La.), Thad Cochran (R-Miss.), Roger Wicker (R-Miss.) and Jim Webb (D-Va.), raised concerns about deceptive practices that prey on consumers with defective drywall and asked the Commission to fully investigate and prosecute companies engaging in these activities.

"Homeowners in our states are already struggling to deal with the health and property issues related to the defective drywall," the Senators wrote. "We believe that these impacted homeowners should not be further victimized by spending additional funds on remediation or preliminary testing not approved or endorsed by the Federal government or any State agency. As we work together with the designated Federal and State agencies to develop real solutions to the problems created by contaminated drywall, it is important that the FTC ensure that homeowners are protected from companies seeking to make fast money off the misfortune of these homeowners."

The U.S. Consumer Products Safety Commission (CPSC) has received about 1,897 reports from residents in 30 states, the District of Columbia, and Puerto Rico concerning 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 drywall problems have forced many people out of their homes, and some families are dealing with the heavy financial burden of paying both rent and mortgage payments. Those unable to afford additional rent have no choice but to stay in their smelly – and possibly hazardous – homes.

While it is understandable that Chinese drywall victims want the problem resolved quickly, it is important to note that remediation protocols have not been established, and cross-contamination could occur if repairs are not done correctly. Even after Chinese drywall has been torn out and replaced, out-gassing of sulfur compounds and other elements continues to occur. Remediation will only further jeopardize public health when it is done without adequate safeguards or by unqualified individuals.

If Chinese drywall repairs are performed before effective methods are developed, homeowners may be without recourse should they find that repairs do not confirm with the protocols that eventually will be established. For that reason, it is in the best interests of homeowners to delay any Chinese drywall repairs until a remediation protocol has been formulated.

Chinese Drywall Lawsuits, Investigation Gaining Momentum

Mon, 16 Nov 2009 00:00:00 -0800

The Chinese drywall crisis, and the litigation surrounding it, is set to enter a new phase this month. With potential plaintiffs in Chinese drywall lawsuits facing an important deadline in a few weeks, a federal judge will soon be scheduling the first lawsuits for trial.   And in the coming weeks, federal investigators should know more about the what, if any, safety hazards, the corrosion blamed on Chinese drywall fumes may pose.

By December 2, any Chinese drywall victim whose home was built with wallboard made by Knauf Plasterboard (Tianjin) Co., Ltd. needs to join the omnibus Chinese drywall lawsuit against the company that will be filed on December 9.   Knauf has agreed to waive its rights under The Hague Convention for the Service of Process Abroad for homeowners who sign on to this lawsuit by the deadline. The December 2 deadline is a hard deadline, and the omnibus complaint will not be amended at a later date to add more people. Claimants will also face a second deadline – December 14 – by which time they must have filled out a profile form.

The Hague Convention for the Service of Process Abroad requires claimants to pay approximately $15,000 per lawsuit, which allows for the translation of legal documents into Chinese and to have them presented to the appropriate authorities in China to obtain service on the Chinese drywall manufacturers. These requirements were a huge obstacle to claimants, and Knauf’s offer to waive them will greatly streamline the litigation process for plaintiffs who make the deadline.

To be eligible for the omnibus lawsuit, claimants must submit pictures or other proof that they have wallboard made by Knauf Plasterboard in their homes by December 2, 2009. Any Chinese drywall homeowner interested in becoming a party to this lawsuit must start now by contacting an attorney and arranging to have their home inspected. Parker Waichman Alonso LLP, the first law firm to file a federal Chinese drywall lawsuit, is offering assistance to any homeowner interested in joining the Knauf Plasterboard lawsuit. Free consultations are available through the firm’s website at www.yourlawyer.com, or by calling 1-800-LAW-INFO (1-800-529-4636).

The agreement with Knauf was announced earlier this month by Judge Eldon E. Fallon, who is overseeing the consolidated Chinese drywall litigation (MDL 2047) currently underway in federal court in New Orleans. The offer applies only to the consolidated federal litigation, not individual cases.

Sometime this week, Judge Fallon is also expected to select the first Chinese drywall lawsuits that will go to trial.    Judge Fallon has said that he wants the first Chinese drywall trial to start by January 10, 2010.

Finally, the Consumer Products Safety Commission (CPSC) is expected to issue more findings from its Chinese drywall investigation sometime this month. The next round of test results will address the corrosion of copper wires and other metals in homes with Chinese drywall - whether this is being caused by fumes from the wallboard, and whether the corrosion of wiring poses a fire hazard. The CPSC is also expected to release results of tests done on indoor-air samples collected from about 50 U.S. homes with Chinese drywall,

Late last month, the CPSC release the initial results of three studies that compared Chinese and domestic wallboard. Those tests revealed that samples from China emit volatile sulfur compounds at a higher rate, and contain higher levels of sulfur and strontium, than the American-made product. However, the CPSC still could not say if there was a direct link between the Chinese drywall and the health problems homeowners are reporting.

Chinese Drywall Aid Set Aside in Louisiana

Fri, 13 Nov 2009 00:00:00 -0800

Some Chinese drywall victims in Louisiana could eventually get a bit of financial help from the state. According to the Associated Press, the Louisiana Recovery Authority (LRA) yesterday voted unanimously to back a $5 million plan to help Road Home program recipients who have tainted Chinese drywall. The aid package still must be approved by the Louisiana legislature and federal authorities before it can begin.

The LRA was established in 2005 following hurricanes Katrina and Rita, and provided funds through the Road Home program to residents for rebuilding. Much of the rebuilding done with Road Home funding involved the use of Chinese drywall.

Earlier this summer, the Louisiana legislature had mandated that the LRA create a $5 million initiative to help drywall victims. In October, the LRA approved Action Plan Amendment No. 37, which created the initiative. Yesterday's decision sets the funding for the program aside. Only people who received aid through the Road Home program will be eligible for the funds.

According to a report on WWLTV.com, funds for the program won't be dispersed until the federal government devises protocols for how to properly test and fix homes with Chinese drywall. It's doubtful that will happen this year.

While Louisiana is the only state so far to set aside funds for Chinese drywall victims, WWLTV.com said that state officials acknowledge that the $5 million won't go very far. They are hoping that the federal government will implement a large scale program to help Chinese drywall homeowners throughout the country.

The U.S. Consumer Products Safety Commission (CPSC) has received about 1,897 reports from residents in 30 states, the District of Columbia, and Puerto Rico concerning 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 drywall problems have forced many people out of their homes, and some families are dealing with the heavy financial burden of paying both rent and mortgage payments. Those unable to afford additional rent have no choice but to stay in their smelly – and possibly hazardous – homes.

Chinese Drywall Omnibus Lawsuit Deadline Just Weeks Away

Thu, 12 Nov 2009 00:00:00 -0800

Chinese drywall victims whose homes were built with wallboard manufactured by Knauf Plasterboard (Tianjin) Co., Ltd are just weeks away from a make-or-break deadline. They have until December 2, 2009 to join an omnibus class action lawsuit that will be filed against Knauf on December 9. Knauf has agreed to waive its rights under The Hague Convention for the Service of Process Abroad for homeowners who sign on to this lawsuit by the December 2 deadline.

The December 2 deadline is a hard deadline, and the omnibus complaint will not be amended at a later date to add more people. Claimants will also face a second deadline – December 14 – by which time they must have filled out a profile form.

To be eligible for the omnibus lawsuit, claimants must submit pictures or other proof that they have wallboard made by Knauf Plasterboard in their homes by December 2, 2009. Any Chinese drywall homeowner interested in becoming a party to this lawsuit must start now by contacting an attorney and arranging to have their home inspected.

Parker Waichman Alonso LLP, the first law firm to file a federal Chinese drywall lawsuit, is offering assistance to any homeowner interested in joining the Knauf Plasterboard lawsuit. Free consultations are available through the firm’s website at www.yourlawyer.com, or by calling 1-800-LAW-INFO (1-800-529-4636).

The Hague Convention for the Service of Process Abroad requires claimants to pay approximately $15,000 per lawsuit, which allows for the translation of legal documents into Chinese and to have them presented to the appropriate authorities in China to obtain service on the Chinese drywall manufacturers. These requirements were a huge obstacle to claimants, and Knauf’s offer to waive them will greatly streamline the litigation process for plaintiffs who make the deadline.

The agreement with Knauf was announced earlier this month by Judge Eldon E. Fallon, who is overseeing the consolidated Chinese drywall litigation (MDL 2047) currently underway in federal court in New Orleans. The offer applies only to the consolidated federal litigation, not individual cases.

Florida Insurance Commissioner Says Chinese Drywall Not Covered Under Homeowners' Policies

Wed, 11 Nov 2009 00:00:00 -0800

Chinese drywall is not a covered peril under homeowners' insurance polices, according to the Florida Insurance Commissioner. Speaking to state legislators, Kevin McCarty warned that insurers have no obligation to cover defective Chinese drywall.

The U.S. Consumer Products Safety Commission (CPSC) has received about 1,897 reports from residents in 30 states, the District of Columbia, and Puerto Rico concerning 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 drywall problems have forced many people out of their homes, and some families are dealing with the heavy financial burden of paying both rent and mortgage payments. Those unable to afford additional rent have no choice but to stay in their smelly – and possibly hazardous – homes.

Florida has long been deemed "ground zero" in the drywall disaster. More than 1,300 reports to the CPSC have come from that state, and it is estimated that as many as 35,000 Florida homes could be impacted.

According to McCarty, having Chinese drywall in a home is "a malfunction based upon a defective material that was installed in the building. And that historically has been excluded from a homeowner's policy." He also warned that homeowners could lose coverage altogether if they move out of their homes for extended periods of time under an "underwriting standard" that allows companies to drop coverage of unoccupied dwellings.

In McCarty's view, drywall manufacturers are liable to the damage their wallboard has done to homes in Florida. Hundreds of Chinese drywall homeowners in the U.S. have already filed lawsuits hoping to recover restitution from Chinese manufacturers for the damage done to their homes, but the process is proving difficult.

For instance, one of the companies suspected of manufacturing tainted drywall, Taishan Gypsum Co. Ltd., is controlled by the Chinese government. As we reported previously, Taishan was recently hit with a default judgment by U.S. District Court Justice Eldon E. Fallon, who is overseeing the massive Chinese drywall litigation in federal court in Louisiana, for failing to respond to lawsuits.

Recently, another Chinese firm, Knauf Plasterboard (Tianjin) Co., Ltd., offered to waive its rights under The Hague Convention for the Service of Process Abroad for homeowners who sign on to an omnibus class action lawsuit against the firm by December 2, 2009. The Hague Convention for the Service of Process Abroad requires claimants to pay approximately $15,000 per lawsuit, which allows for the translation of legal documents into Chinese and to have them presented to the appropriate authorities in China to obtain service on the Chinese drywall manufacturers. These requirements were a huge obstacle to claimants, and Knauf’s offer to waive them will greatly streamline the litigation process for plaintiffs who make the deadline.

To be eligible for the omnibus lawsuit, claimants must submit pictures or other proof that they have wallboard made by Knauf Plasterboard in their homes by December 2, 2009. Any Chinese drywall homeowner interested in becoming a party to this lawsuit must start now by contacting an attorney and arranging to have their home inspected.

Parker Waichman Alonso LLP, the first law firm to file a federal Chinese drywall lawsuit, is offering assistance to any homeowner interested in joining the Knauf Plasterboard lawsuit. Free consultations are available through the firm’s website at www.yourlawyer.com, or by calling 1-800-LAW-INFO (1-800-529-4636).

The offer applies only to the consolidated federal litigation, not individual cases. The December 2 deadline is a hard deadline, and the omnibus complaint will not be amended at a later date to add more people. Claimants will also face a second deadline – December 14 – by which time they must have filled out a profile form.

President Will Address Chinese Drywall During State Visit, Senator Says

Tue, 10 Nov 2009 00:00:00 -0800

Chinese drywall will be on President Barack Obama's agenda when he makes his first state visit to China, according to one U.S. Senator. According to the Sarasota Herald-Tribune, Sen. Bill Nelson, D-Florida, said on Friday that he would like Obama to directly discuss the Chinese drywall issue with Chinese President Hu Jintao, but would consider staff-level discussions of the topic to be satisfactory.

The U.S. Consumer Products Safety Commission(CPSC) has received about 1,897 reports from residents in 30 states, the District of Columbia, and Puerto Rico concerning 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 drywall problems have forced many people out of their homes, and some families are dealing with the heavy financial burden of paying both rent and mortgage payments. Those unable to afford additional rent have no choice but to stay in their smelly – and possibly hazardous – homes.

According to the Sarasota-Herald Tribune, one of the companies suspected of manufacturing tainted drywall, Taishan Gypsum Co. Ltd., is controlled by the Chinese government. As we reported previously, Taishan was recently hit with a default judgment by U.S. District Court Justice Eldon E. Fallon, who is overseeing the massive Chinese drywall litigation in federal court in Louisiana.

Earlier this year, Sen. Nelson traveled to China to discuss the drywall problem, but told the Herald-Tribune Chinese officials "basically blew me off'. But Sen. Nelson said the President may get a better response, because the Chinese appear to be taking the problem more seriously. The Senator said on Friday that he is "confident' that Chinese drywall will be discussed at some point during next week's state visit.

For its part, the Obama administration has not yet said if it will discuss the Chinese drywall problem next week. According to the Herald-Tribune, last month the administration's National Security spokesperson said the White House would "see where we are on the issue in terms of a Chinese response at the time of the visit."

Hundreds of Chinese drywall homeowners in the U.S. have filed lawsuits hoping to recover restitution from Chinese manufacturers for the damage done to their homes, but the process is proving difficult. Recently, another Chinese firm, Knauf Plasterboard (Tianjin) Co., Ltd., offered to waive its rights under The Hague Convention for the Service of Process Abroad for homeowners who sign on to an omnibus class action lawsuit against the firm by December 2, 2009. The Hague Convention for the Service of Process Abroad requires claimants to pay approximately $15,000 per lawsuit, which allows for the translation of legal documents into Chinese and to have them presented to the appropriate authorities in China to obtain service on the Chinese drywall manufacturers. These requirements were a huge obstacle to claimants, and Knauf's offer to waive them will greatly streamline the litigation process for plaintiffs who make the deadline.

To be eligible for the omnibus lawsuit, claimants must submit pictures or other proof that they have wallboard made by Knauf Plasterboard in their homes by December 2, 2009. Any Chinese drywall homeowner interested in becoming a party to this lawsuit must start now by contacting an attorney and arranging to have their home inspected.

Parker Waichman Alonso LLP, the first law firm to file a federal Chinese drywall lawsuit, is offering assistance to any homeowner interested in joining the Knauf Plasterboard lawsuit. Free consultations are available through the firm’s website at www.yourlawyer.com, or by calling 1-800-LAW-INFO (1-800-529-4636).

The offer applies only to the consolidated federal litigation, not individual cases. The December 2 deadline is a hard deadline, and omnibus complaint will not be amended at a later date to add more people. Claimants will also face a second deadline – December 14 – by which time they must have filled out a profile form.

Chinese Drywall Symposium Set

Thu, 05 Nov 2009 00:00:00 -0800

Following an announcement this week regarding Chinese drywall litigation, the Miami Herald just announced that Florida State is sponsoring The Technical Symposium on Corrosive Imported Drywall to discuss the problem. The Symposium is scheduled in Tampa for Thursday and Friday.

The prior announcement—a one-time offer made by Knauf Plasterboard (Tianjin) Co., Ltd.—is expected to do much to streamline the process for suing the major drywall manufacturer. As we wrote, to take advantage of this one time offer, Chinese drywall claimants must sign on to an omnibus class action lawsuit by December 2, 2009.

According to an earlier New Orleans Times-Picayune article, Knauf Plasterboard has agreed not to demand plaintiffs included in that lawsuit abide by international rules in serving legal papers. Under the agreement, the omnibus lawsuit must be filed by December 9. The Times-Picayune pointed out that the December 2 deadline for filing is a hard deadline; there will be no second chances and the omnibus complaint will not be amended at a later date to add more people. Claimants will also face a second deadline–December 14–by which time they must have filled out a profile form.

It seems that the gypsum in drywall, which typically comes from mines, has recently come from a chemical process involving lime or limestone and gas from coal-fired power plants. Contaminants and sulfur found in power plant smokestacks are supposed to be removed in the process. Failure of proper removal is the cause of foul odors, respiratory complaints, and corrosion, according to some Chinese experts in building supplies. Others say phosphogypsum (calcium sulfate), a radioactive phosphorus substance, is to blame. Banned for use in U.S. construction in 1989, the Environmental Protection Agency (EPA) says prolonged exposure to this radium-contained element can lead to a higher risk of lung cancer.

To be eligible for the lawsuit, claimants must submit pictures or other proof that they have wallboard made by Knauf Plasterboard in their homes. Any Chinese drywall homeowner interested in becoming a party to this lawsuit must start now by contacting an attorney and arranging to have their home inspected.

Parker Waichman Alonso LLP, the first law firm to file a federal Chinese drywall lawsuit, is offering assistance to any homeowner interested in joining the Knauf Plasterboard lawsuit. Free consultations are available through the firm’s website at www.yourlawyer.com, or by calling 1-800-LAW-INFO (1-800-529-4636).

Previously, Knauf Plasterboard required that service of process of any lawsuit be made through the Hague Convention, which sets forth the method for the service of process abroad. This had been a major obstacle to many Chinese drywall plaintiffs because The Hague Convention for the Service of Process Abroad requires claimants to pay approximately $15,000 per lawsuit, which allows for the translation of legal documents into Chinese and to have them presented to the appropriate authorities in China to obtain service on the Chinese drywall manufacturers.

An attorney representing Knauf Plasterboard told the Times-Picayune that the firm decided to waive the international rules in order to get a handle on the scope of the Chinese drywall claims it is facing. The company also hopes its action will spur other drywall manufacturers to take similar steps.
Federal litigation involving defective drywall products has been consolidated in the multidistrict litigation, MDL 2047, pending in the U.S. District Court for the Eastern District of Louisiana, before Judge Eldon E. Fallon. The offer applies to the consolidated federal litigation, not individual cases.

Experts from the Consumer Product Safety Commission (CPSC), the Centers for Disease Control and Prevention (CDC), and others, will be in attendance at the Tampa Symposium to discuss drywall research and possible remedies, said the Miami Herald.

Knauf Plasterboard Agreement Streamlines Chinese Drywall Lawsuits For Those Who Meet Deadline

Tue, 03 Nov 2009 00:00:00 -0800

Knauf Plasterboard (Tianjin) Co., Ltd., one of the major defendants in the Chinese drywall litigation, has made a one-time offer to homeowners who sign up for an omnibus class action lawsuit by December 2, 2009. According to The New Orleans Times- Picayune, Knauf Plasterboard has agreed not to demand that plaintiffs included in that lawsuit abide by international rules in serving legal papers. Under the agreement, the omnibus lawsuit must be filed by December 9.

According to the Times-Picayune, to be eligible for the lawsuit, claimants must submit pictures or other proof that they have wallboard made by Knauf Plasterboard in their homes. So any Chinese drywall homeowner interested in becoming a party to this lawsuit needs to get the ball rolling now by contacting an attorney and arranging to have their home inspected. Parker Waichman Alonso LLP, the first law firm to file a federal Chinese drywall lawsuit, is offering assistance to any homeowner interested in joining the Knauf Plasterboard lawsuit. Free consultations are available through the firm’s website at www.yourlawyer.com, or by calling 1-800-LAW-INFO (1-800-529-4636).

All federal litigation involving defective drywall products has been consolidated in the multidistrict litigation, MDL 2047, pending in the United States District Court for the Eastern District of Louisiana, before Judge Eldon E. Fallon. Judge Fallon announced the agreement with Knauf Plasterboard yesterday. The offer applies only to the consolidated federal litigation, not individual cases.

Previously, Knauf Plasterboard had required that service of process of any lawsuit be made through the Hague Convention, which sets forth the method for the service of process abroad. This had been a major obstacle to many Chinese drywall plaintiffs because The Hague Convention for the Service of Process Abroad requires claimants to pay approximately $15,000 per lawsuit, which allows for the translation of legal documents into Chinese and to have them presented to the appropriate authorities in China to obtain service on the Chinese drywall manufacturers.

An attorney representing Knauf Plasterboard told the Times-Picayune that the firm decided to waive the international rules in order to get a handle on the scope of the Chinese drywall claims it is facing. The company also hopes its action will spur other drywall manufacturers to take similar steps.

The Times-Picayune pointed out that the Dec. 2 deadline for filing is a hard deadline, so there will be no second chances. The omnibus complaint will not be amended at a later date to add more people. Claimants will also face a second deadline - December 14 - by which time they must have filled out a profile form.

Knauf Plasterboard Agrees to Accept Service of Chinese Drywall Claim

Mon, 02 Nov 2009 00:00:00 -0800

Chinese drywall victims who haven't yet filed a lawsuit for damages need to do so now. That's because a major drywall manufacturer - Knauf Plasterboard (Tianjin) Co., Ltd. - has agreed to accept service of lawsuits for one month. This agreement will allow claimants with Knauf drywall to consolidate their claims in one omnibus class action lawsuit against the company.

The lawsuit will be filed on December 9, 2009. Under the agreement, all claimants who wish to be included in this omnibus class action complaint must submit proof that their properties contain Knauf manufactured drywall to Plaintiffs’ Lead Counsel by December 2, 2009. Parker Waichman Alonso LLP, the first law firm to file a federal Chinese drywall lawsuit, is offering assistance to any homeowner interested in joining the Knauf lawsuit. Free consultations are available through the firm's website at www.yourlawyer.com, or by calling 1-800-LAW-INFO (1-800-529-4636).

The Consumer Products Safety Commission (CPSC) has received about 1,897 reports from residents in 30 states, the District of Columbia, and Puerto Rico concerning 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. People living with Chinese drywall have also suffered eye, respiratory and sinus problems that may be linked to the gases. The drywall problems have forced many people out of their homes, and some families are dealing with the heavy financial burden of paying both rent and mortgage payments. Those unable to afford additional rent have no choice but to stay in their smelly – and possibly hazardous – homes.

Hundreds of homeowners have filed suit against Chinese drywall manufacturers over this disaster. All federal litigation involving defective drywall products has been consolidated in the multidistrict litigation, MDL 2047, pending in the United States District Court for the Eastern District of Louisiana, before Judge Eldon E. Fallon.

Knauf is alleged to be a subsidiary of the German based Knauf Gips KG and is one of several Chinese companies that has been accused of manufacturing and importing defective drywall from China into the U.S. Until today, Knauf had required that service of process of any lawsuit be made through the Hague Convention, which sets forth the method for the service of process abroad. This had been a major obstacle to many Chinese drywall plaintiffs because The Hague Convention for the Service of Process Abroad requires claimants to pay approximately $15,000 per lawsuit, which allows for the translation of legal documents into Chinese and to have them presented to the appropriate authorities in China to obtain service on the Chinese drywall manufacturers.

Under an agreement announced by Judge Fallon today, Knauf has agreed to accept service of process and waive its express rights under the Hague Convention only for homeowner plaintiffs who are named in an omnibus class action complaint to be filed on December 9, 2009 in In re Chinese Drywall Products Liability Litigation, MDL No. 2047. Homeowners wishing to join this lawsuit must contact a lawyer now, and arrange to have appropriate home inspections completed prior to that date.

Slow Pace of Chinese Drywall Probe Frustrates Senator

Fri, 30 Oct 2009 00:00:00 -0700

U.S Sen. Bill Nelson, D-Florida, expressed frustration yesterday that preliminary results from Chinese drywall testing have failed to answer some pressing questions. According to The Miami Herald, Sen. Nelson was angered not only by the lack of answers, but by the slow pace of the Consumer Products Safety Commission's (CPSC) Chinese drywall investigation.

The CPSC has received about 1,897 reports from residents in 30 states, the District of Columbia, and Puerto Rico concerning 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 drywall problems have forced many people out of their homes, and some families are dealing with the heavy financial burden of paying both rent and mortgage payments. Those unable to afford additional rent have no choice but to stay in their smelly - and possibly hazardous - homes. Meanwhile, most experts are cautioning homeowners not to repair Chinese drywall homes until a remediation protocol is established. The results of the federal drywall investigation will play a large role in developing such a protocol.

According to a press statement released by the CPSC yesterday, initial results of three studies that compared Chinese and domestic wallboard revealed that samples from China emit volatile sulfur compounds at a higher rate, and contain higher levels of sulfur and strontium, than the American-made product. However, the CPSC still could not say if there was a direct link between the Chinese drywall and the health problems homeowners are reporting. Officials also could not say if fumes from the Chinese drywall were responsible for corrosion seen in homes built with the material.

According to The Miami Herald, it will be months before the CPSC will be able to reach conclusions on those issues. More test results on possible health effects will be released next month, but the agency won't know if corrosion of wire and metals is related to drywall until next summer.

At a briefing with members of Congress yesterday, Sen. Nelson asked CPSC staffers whether "it was typical that a study would take this long.'' "If you hear impatience in my voice, you are an accurate judge,'' Nelson said. ``What I am reflecting is people's concerns, their financial devastation, health effects.''

The CPSC said that the Chinese drywall probe is the largest in its history, and has so far cost $3.5 million. The CPSC investigation is being aided by other federal agencies, including the Environmental Protection Agency, the Centers for Disease Control and Prevention, the U.S. Department of Housing and Urban Development and the Florida Department of Health.

First Chinese Drywall Test Results Released, But CPSC Says More Study is Needed

Thu, 29 Oct 2009 00:00:00 -0700

Preliminary results from the first round of Chinese drywall tests conducted by the U.S. Consumer Products Safety Commission (CPSC) have revealed that the wallboard emits volatile sulfur compounds at a higher rate, and contains higher levels of sulfur and strontium, than domestically-made drywall samples.

But according to The Wall Street Journal, CPSC officials say they will need to conduct more studies before they can determine whether or not these differences are contributing to health problems or metal corrosion reported by Chinese drywall homeowners. The testing results are to be discussed at a news conference later today, and according to the Journal, officials are expected to caution that the results are early stage and could change.

The CPSC has received about 1,897 reports from residents in 30 states, the District of Columbia, and Puerto Rico concerning 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.

According to a press statement released by the CPSC, initial results of three studies that compared Chinese and domestic wallboard are as follows:

Elemental and chemical testing revealed the presence of elemental sulfur in Chinese but not in non-Chinese drywall, and it also shows higher concentrations of strontium in Chinese drywall than in non-Chinese drywall. Testing conducted over the summer by federal and state agency radiation laboratories found no radiation safety risk to families in homes built with manufactured drywall. According to the press statement, the strontium found in this drywall does not pose a radiological risk.
Chamber studies conducted by nationally-respected Lawrence Berkeley National Laboratory (LBL) show that Chinese drywall emits volatile sulfur compounds at a higher rate than the U.S. made drywall. More tests and analyses are underway at LBL to determine the specific chemical compounds that are being emitted, the CPSC said.
Indoor air studies of 10 homes in Florida and Louisiana found that sulfur gases were either not present or were present in only limited or occasional concentrations inside the homes, and only when outdoor levels of sulfur compounds in the air were elevated. The indoor air study did lead to a preliminary finding of detectable concentrations of two known irritant compounds, called acetaldehyde and formaldehyde. These irritant compounds were detected in homes both with and without Chinese drywall, and at concentrations that could worsen conditions such as asthma in sensitive populations, when air conditioners were not working or turned off.

According to the CPSC, the initial indoor air studies were conducted on a small and limited sample of homes in order identify and measure contaminants and to inform the development of a federal and state indoor air testing protocol.

Next month, the CPSC said it will release results of a 50-home indoor-air-testing study. The results of that study, together with those released today, will help to develop a final standard federal and state protocol for testing homes and to identify a nexus between the presence of Chinese drywall and the reported health and corrosive issues, the agency said.

In November, the CPSC also expects to release a preliminary engineering analysis of potential electrical and fire safety issues related to the corrosion seen in homes with Chinese drywall.

The CPSC investigation is being aided by other federal agencies, including the Environmental Protection Agency, the Centers for Disease Control and Prevention, the U.S. Department of Housing and Urban Development and the Florida Department of Health.

Some Answers on Chinese Drywall Expected This Week

Wed, 28 Oct 2009 00:00:00 -0700

Chinese drywall victims might finally get some answers this week. The U.S. Consumer Products Safety Commission (CPSC) is expected to release the results of initial testing on Chinese and domestically produced drywall any day now. An additional two reports should be ready next month.

According to a recent Wall Street Journal report, the CPSC has received over 1,700 complaints regarding Chinese drywall from homeowners across the country. 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.

Earlier this year, tests conducted by the U.S. Environmental Protection Agency found sulfur and two organic compounds associated with acrylic paint — compounds not found in samples of American-made drywall – in samples of Chinese drywall. The EPA report did not draw any conclusions about health risks or whether the drywall could be damaging wires in homes. The CPSC has been conducting its own investigation, and has postponed releasing testing results in the past.

Last week, the head of the CPSC attended a product safety summit in China. She met with her counterpart at China's General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ). At the end of the summit, both parties released a joint statement pledging to work together to improve product safety. They also promised to cooperate on "scientific and fact-based investigations" into Chinese drywall imports. "It is CPSC's and AQSIQ's intention to determine the cause of the reported problems, with the goal of ensuring that the problems do not recur," the statement said.

The Chinese drywall disaster is just the latest scandal involving imports from that country. In 2008, nearly 80 percent of all product recalls in the U.S. involved imports from China. Products like dog food, baby formula, toys with lead paint and even pharmaceuticals like heparin have been found to have been made with toxic materials and other counterfeit ingredients, putting U.S. consumers at risk.

Chinese Drywall Tests Revealed Bacteria, Fungus, Expert Says

Tue, 27 Oct 2009 00:00:00 -0700

A building inspections expert claims Chinese drywall is infested with bacteria, fungus and even fecal matter. According to a report on the Broward-Palm Beach New Times Web site, Spiderman S. Mulholland, owner of U.S. Building Consultants Inc. in Gainesville, Florida, says such contaminants are likely causing health problems for people living in homes built with the defective Chinese drywall.

According to a recent Wall Street Journal report, the Consumer Products Safety Commission (CPSC) has received over 1,700 complaints regarding Chinese drywall from homeowners across the country. 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.

Earlier this year, tests conducted by the U.S. Environmental Protection Agency found sulfur and two organic compounds associated with acrylic paint — compounds not found in samples of American-made drywall - in samples of Chinese drywall. Next week, the CPSC will release two reports detailing the initial results of its tests on Chinese- and American-made drywall, with another report to follow next month.

According to the New Times report, Spiderman Mulholland presented findings on his own tests of Chinese drywall at an Orlando conference for homeowners that was held over the weekend. At the conference, Mulholland said his team has spent 20,000 hours and about $500,000 testing Chinese drywall.

Mulholland told attendees that his tests of five samples of Chinese drywall found evidence of fungi and bacteria in all five. One sample also included fecal matter, but it is not clear if that contamination originated with the manufacturer or installer.

According to New Times, Mulholland said that the bacteria is feeding on organic matter in the Chinese drywall that is not present in domestically manufactured wallboard. This process could be responsible for the sulfur odors homeowners have reported. Mulholland also said the bacteria can become airborne, and homeowners could breath it in. In a phone interview with New Times, Mulholland said the bacteria present in the drywall could "lead to significant health issues."

Mulholland also said the presence of the bacteria was evidence the Chinese drywall was manufactured incorrectly.

Chinese Asked for "Fair and Just" Response to Drywll Crisis

Mon, 26 Oct 2009 00:00:00 -0700

A top U.S. regulator has called on the Chinese to do "what is fair and just" in its response to the crisis over Chinese drywall. According to The Wall Street Journal, the head of the Consumer Products Safety Commission (CPSC) made the appeal while attending the U.S.-China product safety summit that was held in Beijing beginning Thursday.

The CPSC has received over 1,700 complaints regarding Chinese drywall from homeowners across the country. 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 Beijing product safety summit was attended by Inez Tenenbaum, head of the CPSC, and her counterpart with the Chinese General Administration of Quality Supervision, Inspection and Quarantine (Aqsiq). According to The Wall Street Journal, Tenenbaum and Aqsiq vice-minister Wei Chuanzhong signed a joint statement in which the two sides agreed to continue to cooperate in their investigations into the drywall problems.

As we've reported previously, before the summit, Tenenbaum had said she wanted to discuss whether the Chinese firms were willing to help pay for the drywall-related damage. But according to the Journal, at the summit's end, Tenenbaum appeared to be warning that a resolution would take time. She promised that the U.S. and China would continue to cooperate "to complete the scientific examination, then trace it up the supply chain and then match it with individual homeowners….But there's a tremendous amount of work to be done before any of that occurs."

Next week, the CPSC will release two reports detailing the initial results of its tests on Chinese- and American-made drywall, with another report to follow next month, the Journal said. Previous tests of Chinese drywall by the U.S. Environmental Protection Agency have found sulfur and two organic compounds associated with acrylic paint — compounds not found in samples of American-made drywall.

Chinese drywall poured into the U.S. between 1999 and 2007 because of the high demand created by the housing boom. Imports accelerated when the rebuilding that followed Hurricane Charley in Florida in 2004, and Hurricane Katrina along the Gulf Coast in 2005, created a drywall shortage. According to an earlier Wall Street Journal report, some 500 million pounds of Chinese drywall was imported to the U.S. during the housing boom. That means as many as 100,000 homes throughout the country could have been built with the material.

According to The Wall Street Journal, consulting firm Towers Perrin estimates that the tab for Chinese drywall damage could range from $15 billion to $25 billion.

Louisiana Chinese Drywall Compensation Program Approved, But Launch Delayed

Thu, 22 Oct 2009 00:00:00 -0700

A plan to help Chinese drywall homeowners in Louisiana is a step closer to becoming a reality, but it could be some time before funds start flowing to drywall victims. While The Louisiana Recovery Authority (LRA) approved a $5 million compensation program mandated by the Louisiana legislature, it will not be launched until federal officials agree to spend funds allocated for hurricane recovery on the Chinese drywall program.

The Consumer Products Safety Commission (CPSC) has received over 1,500 complaints regarding Chinese drywall from homeowners across the country. According to the Commission's Web site, 249 such complaints have come from homeowners in Louisiana, making it the second hardest hit state after Florida. 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 LRA was established in 2005 following hurricanes Katrina and Rita, and provided funds to residents for rebuilding. Earlier this summer, the Louisiana legislature had mandated that the LRA create a $5 million initiative to help drywall victims. In September, the LRA set aside that amount of federal Community Development Block Grant disaster recovery money to compensate hurricane victims whose homes were built with Chinese drywall. Yesterday, the LRA approved Action Plan Amendment No. 37, which creates the initiative.

But according to the New Orleans Times-Picayune, the compensation program won't start until the LRA receives more answers from the U.S. Department of Housing and Urban Development (HUD), the CPSC and the Centers for Disease Control and Prevention. The use of Community Development Block Grant Funds requires HUD approval, and the LRA is awaiting the completion of the CPSC's drywall investigation before formulating standards of eligibility and implementation. No drywall compensation program will be launched in Louisiana until a "nationally recognized testing and remediation protocol is approved," the Times-Picayune said.

The drywall compensation program approved by the LRA yesterday limits eligibility to applicants to the Road Home program, which has provided grants to more than 125,000 households for Katrina and Hurricane Rita recovery, the Times-Picayune said. Many hurricane-damaged homes in the state were renovated with defective Chinese drywall.

Final approval of the Chinese drywall compensation program will occur at a later meeting. The LRA is posting the Action Plan Amendment to its Web Site, and according to the Times-Picayune, has invited public comment.

Florida Insurer Says its Unclear If Policies Cover Chinese Drywall Damage

Wed, 21 Oct 2009 00:00:00 -0700

Florida's largest insurer says it has received at least two dozen claims over damage caused by defective Chinese drywall. However, Citizens Property Insurance Corp. has not paid on any claims, and says it is unclear whether Chinese drywall damage will be covered by its policies.

According to HeraldTribune.com, an executive with Citizens said that because of the scope and complexity of the Chinese drywall problem, its attitude is that "as a state and as a nation is that we need to figure out what the cure is for this malady."

However, despite reports in the media, Citizens said it is not canceling or refusing to renew policies on homes with Chinese drywall. But if the Chinese drywall leads to other damage, such as corroded wiring or plumbing, that existing damage may not be covered by a new policy, HeraldTribune.com said.

Questions about insurance coverage are just one of the factors that has left many Chinese drywall homeowners in limbo. They are still awaiting word as to whether or not there will be a Chinese drywall recall. U.S. officials are attending the U.S.-China Product Safety Summit in Beijing today, and are expected to press Chinese officials on the drywall problem. Yesterday, we reported that a spokesperson for Inez Tenenbaum, head of the Consumer Product Safety Commission (CPSC), said she would appeal to Chinese drywall manufacturers to do “what is fair and just”. It was not clear whether that meant asking the Chinese firms to provide financial help to homeowners with the defective wallboard, or issuing a recall of the material.

So far the Chinese have been noncommittal regarding any type of solution to the drywall disaster. And some in the U.S. have expressed frustration with their stance. For instance, earlier this week, Senator Bill Nelson, D-Florida, told News-Press.com said his own visit this summer with the Chinese General Administration of Quality, Supervision, Inspection, and Quarantine resulted in nothing but “a bunch of bureaucratic gobbledygook.” Nelson found his interaction with the head of the Chinese agency frustrating, and told News-Press.com that he got “fed up” when it became obvious the agency was not going to respond. The summit that begins tomorrow involves the same Chinese agency that frustrated Sen. Nelson.

The CPSC has received over 1,500 complaints regarding Chinese drywall from homeowners across the country. 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.

Chinese Drywall To Be Addressed At Product Safety Summit

Tue, 20 Oct 2009 00:00:00 -0700

Chinese drywall will be a major topic of discussion at the U.S.-China product safety summit set to begin in Beijing tomorrow. But according to a report on News-Press.com, one U.S. Senator says he does not expect much to result from the talks.

The Consumer Products Safety Commission (CPSC) has received over 1,500 complaints regarding Chinese drywall from homeowners across the country. 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 U.S. delegation attending tomorrow's summit will be led by Inez Tenenbaum, head of the CPSC. As we reported last week, Tenenbaum has said she will ask Chinese officials if they are prepared to participate in providing funds for drywall homes, and what it would take for that to occur. According to News-Press.com, Tenenbaum's spokesperson said she would appeal to Chinese drywall manufacturers to do "what is fair and just", but did not say whether that meant asking the Chinese firms to provide financial help to homeowners with the defective wallboard, or issuing a recall of the material.

But Senator Bill Nelson, D-Florida, told News-Press.com that he does not expect much from the Chinese. He's speaking from experience, having traveled to China over the summer to discuss the drywall problem. According to News-Press.com, Sen. Nelson said his visit with the Chinese General Administration of Quality, Supervision, Inspection, and Quarantine resulted in nothing but "a bunch of bureaucratic gobbledygook." Nelson found his interaction with the head of the Chinese agency frustrating, and told News-Press.com that he got "fed up" when it became obvious the agency was not going to respond.

The summit that begins tomorrow involves the same Chinese agency that frustrated Sen. Nelson. The biennial event will focus on the safety of Chinese-made products sold in the U.S. The Chinese drywall disaster is just the latest scandal involving imports from that country. In 2008, nearly 80 percent of all product recalls in the U.S. involved imports from China. Products like dog food, baby formula, toys with lead paint and even pharmaceuticals like heparin have been found to have been made with toxic materials and other counterfeit ingredients putting U.S. consumers at risk.

China Will Be Asked to Help Pay For Drywall Damage, CPSC Head Says

Fri, 16 Oct 2009 00:00:00 -0700

The U.S. will be asking China to help pay for the mess created by defective drywall imported from that country. According to The Wall Street Journal, Inez Tenenbaum, head of the U.S. Consumer Products Safety Commission (CPSC), said she will bring up Chinese drywall during her visit there next week for the biennial U.S.-China consumer product safety summit.

The CPSC has received over 1,500 complaints regarding Chinese drywall from homeowners across the country. 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.

Chinese drywall poured into the U.S. between 1999 and 2007 because of the high demand created by the housing boom. Imports accelerated when the rebuilding that followed Hurricane Charley in Florida in 2004, and Hurricane Katrina along the Gulf Coast in 2005, created a drywall shortage. According to an earlier Wall Street Journal report, some 500 million pounds of Chinese drywall was imported to the U.S. during the housing boom. That means as many as 100,000 homes throughout the country could have been built with the material.

According to The Wall Street Journal, consulting firm Towers Perrin estimates the tab for drywall damage could range from $15 billion to $25 billion. Tenenbaum told the Journal that next week, she will ask Chinese officials if they are prepared to participate in providing funds for drywall homes, and what it would take for that to occur. Tenenbaum also promised to tell Chinese authorities that the U.S. would strictly enforce its new laws on products ranging from toys and all-terrain vehicles to electrical products. She said she also wanted to create a partnership with China that includes educating its government and manufacturers about U.S. standards.

The Chinese drywall disaster is just the latest scandal involving imports from that country. In 2008, nearly 80 percent of all product recalls in the U.S. involved imports from China. Products like dog food, baby formula, toys with lead paint and even pharmaceuticals like heparin have been found to have been made with toxic materials and other counterfeit ingredients putting U.S. consumers at risk.

According to the Journal, the Chinese have not indicated one way or another whether they would be willing to foot any of the bill for Chinese Drywall damage. Calls to the Chinese Embassy seeking comment were not returned, the Journal said.

Chinese Drywall Victims Face Insurance Woes

Wed, 14 Oct 2009 00:00:00 -0700

Many Chinese drywall homeowners, already facing a long list of difficulties, are now having issues with insurance providers. According to The Wall Street Journal, insurance companies are canceling policies on homeowners who have filed claims for damage caused by Chinese drywall gases.

The Consumer Products Safety Commission has received over 1,500 complaints regarding Chinese drywall from homeowners across the country. 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.

Chinese drywall poured into the U.S. between 1999 and 2007 because of the high demand created by the housing boom. Imports accelerated when the rebuilding that followed Hurricane Charley in Florida in 2004, and Hurricane Katrina along the Gulf Coast in 2005, created a drywall shortage. According to an earlier Wall Street Journal report, some 500 million pounds of Chinese drywall was imported to the U.S. during the housing boom. That means as many as 100,000 homes throughout the country could have been built with the material.

As we've reported previously, insurance claims for Chinese drywall damage are usually denied because of pollution and builder defect exclusions written into most policies. But along with denying claims, some insurers are moving to drop customers once they know the homeowner has a Chinese drywall problem, The Wall Street Journal said. For instance, Citizens Property Insurance Corp., the largest home insurer in Florida, confirmed that it had informed some policyholders that it will not renew their policies unless needed repairs are made within six months of the notice.

Another insurer, Universal North America, sent a notice of cancellation, which is more serious than a nonrenewal, to at least one policyholder in Hallandale Beach, Fla. The letter cited the presence of Chinese drywall as an "unacceptable condition . . . which has been shown to have adverse long-term effects on the plumbing and other dwelling components," the Journal said. Universal has about 105,000 home-insurance policies in Florida.

According to The Wall Street Journal, insurers are trying to protect themselves from future losses by refusing to renew and canceling policies. A spokesperson from Citizens told the Journal that the corrosion caused by Chinese drywall could lead to "a likely future claim for a covered peril such as fire or a water leak," which the insurer would be responsible for covering.

CPSC Head Goes on Virginia Chinese Drywall Tour

Tue, 13 Oct 2009 00:00:00 -0700

Millions of dollars will be needed to fix the Chinese drywall problem, a Virginia builder told the head of the Consumer Products Safety Commission (CPSC) during her visit to the state yesterday.   According to The Virginian-Pilot, CPSC Commissioner Inez Tenenbaum heard from the builder as she joined Sen. Mark Warner, R-Virginia and other lawmakers from the state on a tour of affected homes.

According to the CPSC, it has received about 1,501 reports from residents in 27 states, the District of Columbia, and Puerto Rico who believe their health symptoms or the corrosion of metal components in their homes are related to the presence of Chinese drywall. Many homes with Chinese drywall are unlivable, and some homeowners have been driven to the point of bankruptcy.   About 51 complaints have come from Virginia, making it the third hardest hit state behind Florida, which has over 1,100 complaints, and Louisiana, which has 249.

During yesterday's tour, Tenenbaum visited three homes at The Hampshires at Greenbrier in Chesapeake constructed by The Dragas Cos. The owner of the firm told Tenenbaum that it is spending about $70,000 on each of its 73 condos in Chesapeake and Virginia Beach built with tainted drywall. The company expects to spend around $5 million on remediation, The Virginian-Pilot said.

Tenenbaum said that the CPSC is spending $3 million to study the drywall problem.   When it is finally released, the commission's report will include an analysis of the elements and compounds found in Chinese drywall, and results from air-quality tests. It will also advise Congress on ways to handle the crisis, The Virginian-Pilot said. Because no federal agency has resources to remediate the Chinese drywall problem on its own, Tenenbaum said Congress will have to authorize funds and work with federal agencies to devise a national plan to help restore homes built with the drywall.

The Virginian-Pilot also noted that while Tenenbaum applauded Dragas for attempting to address the drywall problem, she did not endorse the firm's remediation procedures. "I'm not going to make any presumptions just on a tour," she said. "We're waiting for the science to inform us of what the issues are."

Tenenbaum's words echo what many legal experts have said about remediation efforts currently underway. Most have cautioned homeowners not to rush into remediation because remediation protocols have not been established, and cross-contamination could occur. Even after Chinese drywall has been torn out and replaced, out-gassing of sulfur compounds and other elements continues to occur. Remediation will only further jeopardize public health when it is done without adequate safeguards or by unqualified individuals. Most legal experts have said that it is in the best interests of homeowners to delay any Chinese drywall repairs until a remediation protocol has been formulated.

Chinese Drywall Victims Need FEMA Help, Senators Say

Fri, 09 Oct 2009 00:00:00 -0700

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.

According to the Consumer Products Safety Commission (CPSC), it has received about 1,501 reports from residents in 27 states, the District of Columbia, and Puerto Rico who believe their health symptoms or the corrosion of metal components in their homes are related to the presence of Chinese drywall. Many homes with Chinese drywall are unlivable, and some homeowners have been driven to the point of bankruptcy.

In a letter sent yesterday, U.S Senators Bill Nelson, D-Fl., Mary Landrieu, D-La., Mark Warner, D-Va., and Jim Webb, D-Va. asked FEMA Craig Fugate administrator for help on behalf of Chinese drywall victims. "Families in our states are ... watching their dream homes turn into nightmares," the Senators wrote. "We believe it is important to marshal all appropriate Federal resources that may assist these families."

The letter asks "Whether FEMA — following a written request from a governor who has declared a disaster or emergency — may offer rental assistance, if homes, businesses or a combination of the two, have sustained uninsured losses.”

FEMA generally provides such assistance following natural disasters, such as hurricanes and floods. But the Senators' letter cites two instances where the agency did provide such help in non-natural disasters:

1980: Relocation of families in Niagara Falls, N.Y., affected by The Love Canal toxic waste dump after an emergency declaration. This incident created the EPA’s federal Superfund.
1983: Relocation of families in Times Beach, Mo., due to dioxin contamination. Funds were transferred from the Superfund to FEMA to help the residents.

The Senators represent the three states hardest hit by the Chinese drywall crisis. According to the CPSC, it has received 1,103 complaints from Florida homeowners, 249 from Louisiana and 51 from Virginia. Some experts have estimated that as many as 100,000 homes in the U.S. may have been built with the defective wallboard

The Senators' letter asks that FEMA respond to their request by November 7.

Chinese Drywall Mess Has No Easy Fix

Thu, 08 Oct 2009 00:00:00 -0700

Thousands of homeowners across the country are blaming fumes from defective Chinese drywall for making them sick. According to a report in The New York Times, the Chinese drywall debacle has pushed many people out of their homes and to the brink of bankruptcy, but solutions to the problem have not been easy to find.

This blog has been reporting on the Chinese drywall issue for months. According to the Consumer Products Safety Commission (CPSC), it has received about 1,501 reports from residents in 27 states, the District of Columbia, and Puerto Rico who believe their health symptoms or the corrosion of metal components in their homes are related to the presence of Chinese drywall. Chinese drywall poured into the U.S. between 1999 and 2007 because of the high demand created by the housing boom. Imports accelerated when the rebuilding that followed Hurricane Charley in Florida in 2004, and Hurricane Katrina along the Gulf Coast in 2005, created a drywall shortage. According to The Wall Street Journal, some 500 million pounds of Chinese drywall was imported to the U.S. during the housing boom. That means as many as 100,000 homes throughout the country could have been built with the material.

According to The New York Times, the cost to remediate a home with Chinese drywall hovers somewhere around $100,000 -$150,000. Most homeowners simply don't have that. Insurance companies won't pay for a fix, citing pollution exclusions in their policies. Even worse, according to a report in the Miami Herald, some insurance companies are refusing to renew policies on homes with Chinese drywall unless the problems are fixed.

The mess has led many homeowners to file lawsuits against the manufacturers of Chinese drywall. According to the Times, insurers, home builders and drywall suppliers have also filed lawsuits, and in some cases are suing each other. So far, about 300 Chinese drywall cases have been consolidated in a Multidistrict Litigation that is currently underway in Federal Court in New Orleans. The first bellwether trials are expected to start early next year.

Holding Chinese manufacturers accountable could prove difficult. According to the Times, only one - Knauf Plasterboard Tianjin- has come to the U.S. to address the problem. Some manufacturers have been difficult to find, and others simply ignore lawsuits. What's more, should plaintiffs win, there is no way of enforcing U.S. legal judgments against foreign firms.

According to the Times, the CPSC says its Chinese drywall investigation is the largest in its history. It has sent six investigators to Chinese gypsum mines and to meet with the government there, and China has sent investigators to the U.S. It is expected that sometime this month, the CPSC will release the results of a study to determine why the drywall is causing problems, and what kind of remediation programs might be effective, the Times said.

Florida Lawmakers Finally Take Up Chinese Drywall Issue

Wed, 07 Oct 2009 00:00:00 -0700

The Florida legislature is finally addressing the Chinese drywall problem.   According to the Sarasota Herald-Tribune, the Florida Senate's Community Affairs Committee held their first hearing on the issue in Tallahassee yesterday.

Florida has been the state hardest hit by the Chinese drywall debacle. According to the Consumer Products Safety Commission (CPSC), just over 1100 Florida homeowners have reported problems with Chinese-made wallboard. It is estimated that thousands of Florida homes were built with the defective materials. 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.

Though the first complaints about Chinese drywall came from Florida homeowners a year ago, the state legislature has done little to address the problem.   According to Herald-Tribune, lawmakers in other states have acted. Louisiana, for instance, has approved a measure intended to provide as much as $5 million to help homeowners affected by Chinese drywall.   Local officials in Virginia Beach and Norfolk, Virginia have banned use of Chinese drywall in their cities. Laws have also proposed on the federal level that would, among other things, establish tighter regulatory standards over wallboard and other construction materials.

Despite the slow response of the Florida legislature, the Herald-Tribune reported that lawmakers on the Community Affairs Committee said there was an urgency to get something done to help affected homeowners.   According to the Herald-Tribune, some actions the Florida legislature could consider include:

Providing relief on mortgage payments for homeowners trying to rehabilitate their homes at the same time they have had to move their families because of potential health threats from the drywall.
Developing a standard for remediating homes and certifying them as being free from the drywall problems.
Allowing homeowners to receive a tax break to offset their rehabilitation costs.
Providing help to homeowners trying to deal with insurance companies over the cost of the home rehabilitation.

Hard to Hold Chinese Drywall Makers Accountable, Thanks to Legal Barriers

Tue, 06 Oct 2009 00:00:00 -0700

The Chinese drywall debacle has highlighted some serious problems in the U.S. legal system. According to a report in the New Orleans Times-Picayune, those flaws make it likely that many Chinese drywall manufacturers will ignore the product liability litigation now underway in New Orleans.

According to the Time-Picayune article, international trade agreements treat health and safety regulations as barriers to commerce. This makes it possible for foreign firms to import products to the U.S. that don't meet safety standards. That can be a problem when products like drywall are coming from China, a country that has imposed few health and safety regulations on its manufacturers.

The failure to impose U.S. safety standards on imported products can have serious consequence. In fact, the Chinese drywall disaster is just the latest scandal involving imports from that country. In 2008, nearly 80% of all product recalls in the U.S. involved imports from China. Many Chinese products have been found to have been made with toxic materials, such as lead paint, and even counterfeit ingredients. In the past, dangerous toys, toxic foods and even tainted heparin have been among the scores of Chinese products that have put U.S. consumers at risk.

According to the Times-Picayune, it is also very difficult to hold foreign manufacturers accountable when their products cause harm to U.S. consumers. They don't even have to respond to lawsuits filed in the U.S., and there is no way of enforcing U.S. legal judgments against them.

Some Chinese drywall manufacturers are ignoring the lawsuits. We reported last month that Judge Eldon E. Fallon, who is presiding over the consolidated Chinese drywall litigation in New Orleans, hit Chinese drywall manufacturer Taishan Gypsum Co. Ltd. with a default judgment in favor of plaintiffs after it failed to respond to a class action lawsuit. Some other drywall manufacturers, such as the German company Knauf Gips, have argued that the proper venue for Chinese drywall lawsuits is the International Court of Justice in The Hague, the Times-Picayune said.

The Chinese drywall fiasco has prompted calls for reforms that would eliminate some roadblocks facing U.S. consumers who are injured by imported products. The Foreign Manufacturers Legal Accountability Act, which was introduced in the U.S. Senate earlier this year, would, among other things, require foreign manufacturers to agree to be held accountable by U.S. courts. However, according to the Times-Picayune, it would not require overseas companies to pay U.S. legal judgments.

The Consumer Federation of America has called for requiring overseas manufacturers to post bonds when they sell products here so consumers could collect against them in the event of problems. According to the Times-Picayune, such a provision is included in the Food and Product Responsibility Act of 2007 that is scheduled to be reintroduced in Congress this fall.

U.S. regulators are also trying to find a way to make Chinese manufacturers more accountable for the drywall mess, the Times-Picayune said. The Consumer Products Safety Commission, for example, is working with the Chinese government and its two sister agencies in China, and has added drywall to the agenda of a biannual safety conference with the Chinese government and manufacturers set for mid-October in Beijing.

Finally, the Times-Picayune is reporting that Rep. Anh "Joseph" Cao, R-New Orleans, plans to introduce legislation to create a fund to compensate homeowners and ultimately find a way to make the Chinese government reimburse U.S. taxpayers for the Chinese drywall bailout.

Chinese Drywall Timeline Questioned

Mon, 05 Oct 2009 00:00:00 -0700

A Florida home built in 2002 has raised concerns that at least one home builder was using Chinese drywall earlier than first thought.

General consensus says that builders began using Chinese drywall in the construction of new homes sometime around 2004. According to the Consumer Products Safety Commission (CPSC) Chinese drywall website, consumers making complaints about Chinese drywall largely report that their homes were built in 2006 to 2007.   Experts have said that the housing boom, coupled with the massive rebuilding efforts that followed devastating hurricanes in 2004 and 2005, were the catalyst for a drywall shortage that prompted home builders to turn to Chinese-made wallboard.

According the Sarasota Herald-Tribune, people living in a home located in WCI Communities' Waterlefe Golf & River Club have reported corrosion and other problems typically seen in those with defective Chinese drywall. While WCI has maintained it began using Chinese drywall in 2004, this home was built in 2002, the Herald-Tribune said. Earlier this year, the owners of the Manatee County home scheduled an inspection with WCI to ascertain whether or not the building contained Chinese-made drywall.   However WCI canceled the inspection, claiming it had no reason to believe the tainted material had been used in homes built prior to 2004.

An independent inspector hired by the homeowners told the Herald-Tribune his own research has revealed that WCI was the only Florida home builder that purchased Chinese drywall directly, and in bulk, for use in its homes.   The inspection he conducted of the home uncovered corroded copper air conditioning coils and pipes. Its copper ground wires had turned black, and the refrigerator components were also corroded, as were silver faucets, mirrors and other metals in the home, Herald-Tribune said. Samples of drywall taken from the home have no visible manufacturers' marks, the inspector said.

WCI Communities has acknowledged that 200 of its homes have been the subject of Chinese drywall complaints. The builder, which recently emerged from bankruptcy, has established a Chinese Drywall Trust, which WCI will fund with $900,000. That money will help to offset the cost of litigation against insurers and other companies involved in the Chinese drywall disaster.

Chinese Drywall Complaints Top 1,500

Thu, 01 Oct 2009 00:00:00 -0700

The Chinese drywall epidemic has hit a milestone. Complaints to the Consumer Products Safety Commission (CPSC) about the defective wallboard have now surpassed 1,500.

According to the CPSC, it has received about 1,501 reports from residents in 27 states, the District of Columbia, and Puerto Rico who believe their health symptoms or the corrosion of metal components in their homes are related to the presence of Chinese drywall. The majority of reports -1,103 - have come from Florida. Other states affected include Alabama, Arizona, California, Georgia, Indiana, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

According to the CPSC's Chinese drywall website, consumers making complaints largely report that their homes were built in 2006 to 2007. Common features of the reports submitted to the CPSC from homes believed to contain defective Chinese drywall have been:

Consumers have reported a "rotten egg" smell within their homes.
Consumers have reported health concerns such as irritated and itchy eyes and skin, difficulty in breathing, persistent cough, bloody noses, runny noses, recurrent headaches, sinus infection, and asthma attacks.
Consumers have reported blackened and corroded metal components in their homes and the frequent replacement of components in air conditioning units.

Chinese drywall poured into the U.S. between 1999 and 2007 because of the high demand created by the housing boom. Imports accelerated when the rebuilding that followed Hurricane Charley in Florida in 2004, and Hurricane Katrina along the Gulf Coast in 2005, created a drywall shortage. According to The Wall Street Journal, some 500 million pounds of Chinese drywall was imported to the U.S. during the housing boom. That means as many as 100,000 homes throughout the country could have been built with the material.

Thousands of homeowners have filed lawsuits over the defective wallboard. Chinese drywall lawsuits from around the country have been consolidated in a Multidistrict Litigation that is currently underway in U.S. District Court, Eastern District of Louisiana. The first bellwether trials in that litigation are expected to begin in January.

Chinese Drywall Manufacturers May Try to Evade Lawsuits

Tue, 29 Sep 2009 00:00:00 -0700

Lawyers for Chinese drywall victims are warning clients that some Chinese manufacturers may simply choose to ignore lawsuits filed in the U.S. According to an Associate Press report, attorneys for the thousands of homeowners who have filed lawsuits over Chinese drywall are already considering contingency plans should this occur.

Chinese drywall poured into the U.S. between 1999 and 2007 because of the high demand created by the housing boom. Imports accelerated when the rebuilding that followed Hurricane Charley in Florida in 2004, and Hurricane Katrina along the Gulf Coast in 2005, created a drywall shortage. According to The Wall Street Journal, some 500 million pounds of Chinese drywall was imported to the U.S. during the housing boom. That means as many as 100,000 homes throughout the country could have been built with the material.

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. So far, the Consumer Products Safety Commission has received 1,501 Chinese drywall complaints from homeowners in 27 states, the District of Columbia and Puerto Rico.

Lawsuits involving Chinese drywall have been consolidated in Federal Court in New Orleans. We reported last week that Judge Eldon E. Fallon, who is presiding over the case, hit Chinese drywall manufacturer Taishan Gypsum Co. Ltd. with a default judgment in favor of plaintiffs after it failed to respond to a class action lawsuit filed against it. Taishan is also known as Taian Taishan Plasterboard and Shandong Taihe Dongxin Co. Ltd.. The firm is controlled by the Beijing New Building Materials Public Limited Co. (BNBM), a state-owned entity under control of the Chinese government.

According to the Associated Press, plaintiffs' attorneys are concerned other Chinese manufacturers will ignore lawsuits and judgments as well. They point out that Chinese firms have done so in other cases involving toxic toys, tainted heparin and contaminated foods. Suing firms in international courts is time consuming an expensive, and civil judgments rendered in U.S. courts are not enforced in China, the Associated Press said.

There are a number of options attorneys are considering should Chinese drywall manufacturers ignore lawsuits filed here, the Associated Press said. These include filing claims against U.S. investment bankers who financed the Chinese companies, and seizing ships that brought the drywall to U.S. ports. One attorney interviewed by the Associated Press said such moves could be a way of "getting the missing parties to the table." Another attorney told the Associated Press that considering the billions of dollars at stake, a way would be found to make Chinese manufacturers responsive.

The Chinese drywall debacle has prompted some lawmakers and consumer advocates to push for remedies that would make foreign companies more accountable in U.S. product liability cases. The Foreign Manufacturers Legal Accountability Act, which was introduced in the U.S. Senate earlier this year, would, among other things, require foreign manufacturers to agree to be held accountable by U.S. courts.

Chinese Drywall Affecting 140 Homes, Builder Says

Mon, 28 Sep 2009 00:00:00 -0700

KB Home says that about 140 homes it built have issues with Chinese drywall. The disclosure was made during a conference call conducted by KB Home last Friday to discuss earnings.

Chinese drywall poured into the U.S. between 1999 and 2007 because of the high demand created by the housing boom. Imports accelerated when the rebuilding that followed Hurricane Charley in Florida in 2004, and Hurricane Katrina along the Gulf Coast in 2005, created a drywall shortage. According to The Wall Street Journal, some 500 million pounds of Chinese drywall was imported to the U.S. during the housing boom. That means as many as 100,000 homes throughout the country could have been built with the material.

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. So far, the Consumer Products Safety Commission has received 1,311 Chinese drywall complaints from homeowners in 26 states and the District of Columbia.

During Friday's conference call, KB Home executives said most of its homes reporting drywall problems were located in Florida, and were built between 2006 and 2007. The company said the allegedly defective drywall was installed in homes by subcontractors.

The homebuilder said it estimated that its Chinese drywall repair costs will total about $10 million. It has recorded a charge of $6 million in the third quarter to increase its warranty liability. KB Home said it intended to seek reimbursement from various sources for these costs, but has not yet recorded any amounts for potential recoveries because the matter is still in its early stages.

KB Home is just the latest builder to provide a tally of homes built with potentially defective Chinese drywall. Earlier this year, Miami-based Lennar Homes acknowledged that about 400 homes it built in Florida have issues that could be related to Chinese drywall. WCI Communities, which filed for Chapter 11 bankruptcy protection, has also said 200 of its homes were the subject of drywall complaints. The Florida builder's bankruptcy plan includes a Chinese Drywall Trust, which WCI will fund with $900,000. That money will help to offset the cost of litigation against insurers and other companies involved in the Chinese drywall disaster. The firm's reorganization plan was approved in August.

Chinese Drywall Manufacturer Hit with Default Judgment

Fri, 25 Sep 2009 00:00:00 -0700

A default judgment has been issued against Chinese drywall manufacturer Taishan Gypsum Co. Ltd. The judgment was handed down by U.S. District Court Judge Eldon E. Fallon after Taishan Gypsum failed to respond to a class-action lawsuit filed against it.

As we've reported previously, attorneys representing an Alabama builder asked Judge Fallon to issue a default judgment after Taishan failed to respond to the builder’s lawsuit. Judge Fallon agreed to issue a preliminary default judgment against the manufacturer if it did not file an appearance before Sept. 24. If the judgment stands, Taishan will not be able to present a defense to the numerous Chinese drywall suits filed against it.

Taishan is also known as Taian Taishan Plasterboard and Shandong Taihe Dongxin Co. Ltd.. The firm is controlled by the Beijing New Building Materials Public Limited Co.(BNBM), a state-owned entity under control of the Chinese government. According to a report in the Bradenton Herald, the firm imported at least 7.5 million pounds of drywall through Florida and New York in 2006 and 2007.

In issuing the default order, Judge Fallon ordered attorneys for the Alabama builder to compile evidence of damages. According to the Sarasota Herald-Tribune, a hearing will now be scheduled where the default can be confirmed and a financial judgment against the company ordered.

Though the Taishan default judgment is a victory for drywall plaintiffs, it could prove difficult for them to collect against the firm, as American consumers face many roadblocks when suing foreign companies. As we reported earlier this summer, the Chinese drywall debacle has prompted some U.S. Senators to propose a law that would eliminate those obstacles. The Foreign Manufacturers Legal Accountability Act would, among other things, require foreign manufacturers to agree to be held accountable by U.S. courts.

The Taishan lawsuit is among the many Chinese drywall lawsuits from around the country that have been consolidated in a Multidistrict Litigation currently underway in U.S. District Court, Eastern District of Louisiana. The first bellwether trials in that litigation are expected to begin in January.

So far, the Consumer Products Safety Commission has received 1,311 Chinese drywall complaints from homeowners in 26 states and the District of Columbia. 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.

Chinese Drywall Discussed at Capitol Hill Meeting

Thu, 24 Sep 2009 00:00:00 -0700

Lawmakers yesterday pressed for a speedier Chinese drywall investigation during a closed-door meeting with officials from the Consumer Products Safety Commission (CPSC). According to the Sarasota Herald-Tribune, lawmakers from Florida and other affected states are frustrated that the agency has postponed the release of Chinese drywall testing results.

Over the summer, the CPSC had promised that the results from indoor air testing of 50 homes with Chinese drywall would be available in September, but that deadline was pushed back to October. Then, just this week, the CPSC moved the release date to November. According to the Herald-Tribune, there is no release date specified for studies on electrical and fire safety concerns.

The Capitol Hill meeting was attended by Inez Tenenbaum, head of the CPSC. According to the Herald-Tribune, Tenenbaum told attendees that the Chinese drywall investigation is "extremely complex and that there probably will not be a quick fix."

The meeting came just two days after Tenenbaum visited a home with defective drywall in Florida. As we reported at the time, she indicated that the CPSC would likely not issue a Chinese drywall recall because of logistical consideration. According to The Herald-Tribune, an aide to Tenenbaum has since clarified those statements, and said nothing is off the table. However, because of scope of a drywall problem, it is likely that the CPSC will consider a national remediation program rather than a recall. Such a program could entail some funding for homeowners from the federal government.

Chinese drywall poured into the U.S. between 1999 and 2007 because of the high demand created by the housing boom. Imports accelerated when the rebuilding that followed Hurricane Charley in Florida in 2004, and Hurricane Katrina along the Gulf Coast in 2005, created a drywall shortage. According to The Wall Street Journal, some 500 million pounds of Chinese drywall was imported to the U.S. during the housing boom. That means as many as 100,000 homes throughout the country could have been built with the material.

So far, the CPSC has received 1,311 Chinese drywall complaints from homeowners in 26 states and the District of Columbia. 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.

Thousands of homeowners have filed lawsuits over the defective wall board. Chinese drywall lawsuits from around the country have been consolidated in a Multidistrict Litigation that is currently underway in U.S. District Court, Eastern District of Louisiana. The first bellwether trials in that litigation are expected to begin in January.

Plans in Louisiana to Help Chinese Drywall Victims

Wed, 23 Sep 2009 00:00:00 -0700

Louisiana residents whose homes have been ruined by defective Chinese drywall are getting a bit of relief from the state. According to the New Orleans Times-Picayune, the Louisiana Recovery Authority (LRA) today set aside $5 million of federal Community Development Block Grant disaster recovery money to compensate hurricane victims whose homes were built with Chinese drywall. Separately, the State Tax Commission will allow reduced tax assessments on affected homes.

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 an sinus problems that may be linked to the gases.

Louisiana is among the states hardest hit by the Chinese drywall crisis. According to the Consumer Products Safety Commission, 184 homeowners there have filed complaints with the agency. However, it is likely that thousands of homes in the state contain the defective material. Many of the Chinese drywall homes in Louisiana were among those rebuilt following the devastation wrought by Hurricane Katrina.

The LRA was established in 2005 following hurricanes Katrina and Rita, and provided funds to residents for rebuilding. According to the Times-Picayune, earlier this summer, the Louisiana legislature had mandated that the LRA create a $5 million initiative to help drywall victims. Now that funding has been set aside, the authority’s staff will now design a program and make it available for public comment. The program's application process and eligibility requirements are still being developed, the Times-Picayune said. Once the details are set, the LRA, legislative budget committee and the federal Urban Redevelopment Authority would have to approve the plan.

Meanwhile, WWLTV is reporting that the Louisiana State Tax Commission has given all tax assessors permission to reduce assessments on homes damaged by drywall. In St. Tammany Parish, affected homeowners will need to show proof that the there is Chinese drywall in their house. The tax assessor there told WWLTV that a letter from a contractor would suffice.

CPSC Commissioner Sees Chinese Drywall Damage First Hand, Says Recall Won't be Issued

Tue, 22 Sep 2009 00:00:00 -0700

There will be no recall of defective Chinese drywall. According to a report on News-Press.com, Inez Tenenbaum, head of the Consumer Products Safety Commission (CPSC) said that instead, her agency will establish a uniform protocol to remediate the Chinese drywall, and push Congress for a funding source to help homeowners.

Tenenbaum was in Florida yesterday to get a first-hand look at the damage done by the Chinese drywall. According to News-Press.com, she visited the Cape Coral home of Richard and Patti Kampf, where she saw damage to plumbing fixtures and other items. It was the first time Tenenbaum had personally viewed drywall damage, the report said.

According to NBC-News2.com, Tenenbaum's visit followed criticism from Sen. Bill Nelson (D-Florida), who has said the CPSC has not acted quickly enough to address the Chinese drywall disaster. Yesterday, Tenenbaum appeared to agree, saying that when she took over at the CPSC, "there was not a sense of urgency." Tenenbaum was confirmed over the summer.

The Kampf home was included in a study of 50 homes that tested the gases emitted from the drywall, as well as air quality in the homes. According to News-Press.com, the results of those studies will be released in October. At that time the remediation protocol will be established, Tenenbaum said.

Tenenbaum said there will be no drywall recall because the material is not all the same, News-Press reported. Tenenbaum pointed out that the wallboard comes from several Chinese manufacturers, the drywall is not all made the same way and some Chinese drywall does not cause problems.

So far, the CPSC has received 1,311 Chinese drywall complaints from homeowners in 26 states and the District of Columbia. Gases emitted from the 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 an sinus problems that may be linked to the gases.

Chinese drywall poured into the U.S. between 1999 and 2007 because of the high demand created by the housing boom. Imports accelerated when the rebuilding that followed Hurricane Charley in Florida in 2004, and Hurricane Katrina along the Gulf Coast in 2005, created a drywall shortage. According to The Wall Street Journal, some 500 million pounds of Chinese drywall was imported to the U.S. during the housing boom. That means as many as 100,000 homes throughout the country could have been built with the material.

Thousands of homeowners have filed lawsuits over the defective wall board. Chinese drywall lawsuits from around the country have been consolidated in a Multidistrict Litigation that is currently underway in U.S. District Court, Eastern District of Louisiana. The first bellwether trials in that litigation are expected to begin in January.

Lennar Says Chinese Drywall Not to Blame for Problems in California Homes

Fri, 18 Sep 2009 00:00:00 -0700

Some homeowners in the California desert town of Indio are experiencing the foul odors and corrosion problems seen in homes built with Chinese drywall. But according to the Sarasota Herald-Tribune, their builder - Miami-based Lennar Homes - is insisting that defective Chinese drywall is not to blame.

According to the Consumer Products Safety Commission (CPSC), homeowners in 26 states and the District of Columbia have filed 1,311 complaints with the agency over Chinese drywall. While the majority - 997 - have come from Florida, a few have come from California homeowners. Gases emitted from the 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 an sinus problems that may be linked to the gases.

As we've reported previously, Lennar Homes has acknowledged that about 400 homes it built in Florida have issues that could be related to Chinese drywall. But the company has maintained that the material has not been found in its homes outside of the state.

But according to the Herald-Tribune, owners of some Lennar Homes in Indio are experiencing problems similar to what has been seen in Florida. These problems include odors and corrosion, as well as respiratory and sinus symptoms.

Lennar says it has ruled out Chinese drywall as the source, following two rounds of testing at one home, and inspection of several others in the Indian Palms Country Club. But according to the Herald-Tribune, Lennar's tests did not actually involve testing any drywall. The owner of the home tested said Environ International, a company hired by Lennar, used equipment to test for formaldehyde and took wood samples from the home. Lennar would not share its test results, and would only say that no chemicals were detected at levels high enough to cause concern.

While Lennar has ruled out Chinese drywall as a cause of the problems seen in Indio, others have not. Recently, tests conducted by a construction consulting firm found that corrosion did occur when copper wire was sealed in a jar with a sample of drywall from Indio.

According to the Herald-Tribune, formaldehyde can cause the type of corrosion seen in the test. If formaldehyde was the culprit, it would need to be determined if the drywall itself was made with the chemical, or whether the drywall was cross-contaminated by another material in the home that was emitting formaldehyde fumes, the Herald-Tribune said.

It wouldn't be unusual to find that other Chinese-manufactured construction products - particularly fiberboard and particleboard - contained formaldehyde. According to the Herald-Tribune, imports of construction materials made with the chemical spiked about a decade ago when other countries began setting tough standards for such products, but the U.S. did not.

According to the Herald-Tribune, Lennar would not answer questions about the use of imported wood products in the Indio home it tested, and would not comment on formaldehyde. However, the company now plans to test drywall in that home.

Louisiana Chinese Drywall Meeting Draws Overflow Crowd

Thu, 17 Sep 2009 00:00:00 -0700

Anxious Louisiana homeowners packed a Chinese drywall town hall meeting in Mandeville last night. According to the New Orleans Times-Picayune, the event attracted people from as far away as Baton Rouge.

The town hall was hosted by state Sens. Julie Quinn, R-Metairie, and A.G. Crowe, R-Slidell. The crowd - estimated at around 500 - was too large for the Mandeville City Hall, so Sen. Quinn held a second meeting right after the first in an attempt to accommodate all who wanted to attend, the Times-Picayune said. Sen. Quinn promised to hold other Chinese drywall meetings in the future.

At the meeting, Sen. Quinn urged attendees to report their Chinese drywall problems to the state's attorney general, who is trying to ascertain how many homes in Louisiana might be affected. An attorney at the meeting also urged homeowners to make complaints with the Consumer Products Safety Commission (CPSC).

According to the Times-Picayune, St. Tammany Parish Assessor Patricia Schwarz Core also promised homeowners help. She said her office would reduce assessments for homes with Chinese drywall, providing homeowners submit a reevaluation form and proof that their residence contains the material. Proof could include photos or a note from a contract, the Times-Picayune said.

Chinese drywall poured into the U.S. between 1999 and 2007 because of the high demand created by the housing boom. Imports accelerated when the rebuilding that followed Hurricane Charley in Florida in 2004, and Hurricane Katrina along the Gulf Coast in 2005, created a drywall shortage. According to The Wall Street Journal, some 500 million pounds of Chinese drywall was imported to the U.S. during the housing boom. That means as many as 100,000 homes throughout the country could have been built with the material.

Gases emitted from the 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 an sinus problems that may be linked to the gases.

Louisiana is among the states hardest hit by the Chinese drywall crisis. According to the CPSC, 184 homeowners there have filed complaints with the agency. However, it is likely that thousands of homes in the state contain the defective material. Many of the Chinese drywall homes in Louisiana were among those rebuilt following the devastation wrought by Hurricane Katrina.

Louisiana Senators to Host Chinese Drywall Town Hall Meeting

Wed, 16 Sep 2009 00:00:00 -0700

A Chinese drywall town hall meeting will be held this evening in Mandeville, Louisiana. State Senators Julie Quinn and A.G. Crowe will host the meeting, which is slated to begin at 6:30 p.m. at Mandeville City Hall.

Louisiana is among the states hardest hit by the Chinese drywall crisis. According to the Consumer Products Safety Commission (CPSC), 167 homeowners there have filed complaints with the agency. However, it is likely that thousands of homes in the state contain the defective material. Many of the Chinese drywall homes in Louisiana were among those rebuilt following the devastation wrought by Hurricane Katrina.

Senator Quinn told WWLTV.com that at tonight's town hall, she will urge homeowners to contact other legislators and let them know how serious the Chinese drywall problem really is. The Senator said that current laws offer too little protection for homeowners.

'I'm trying to educate the public and encourage them to shout to the Governor's Office, to the fellow legislators and even to the federal government," Quinn said. "Help us so we don't lose our home."

Chinese drywall poured into the U.S. between 1999 and 2007 because of the high demand created by the housing boom. Imports accelerated when the rebuilding that followed Hurricane Charley in Florida in 2004, and Hurricane Katrina along the Gulf Coast in 2005, created a drywall shortage. According to The Wall Street Journal, some 500 million pounds of Chinese drywall was imported to the U.S. during the housing boom. That means as many as 100,000 homes throughout the country could have been built with the material.

Gases emitted from the 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.

Thousands of homeowners have filed lawsuits over the defective wall board. Chinese drywall lawsuits from around the country have been consolidated in a Multidistrict Litigation that is currently underway in U.S. District Court, Eastern District of Louisiana. The first bellwether trials in that litigation are expected to begin in January.

Chinese Drywall Raises Concerns in Newport News, VA Subdivision

Tue, 15 Sep 2009 00:00:00 -0700

Another Virginia subdivision, Hollymeade in Newport News, may have a Chinese drywall problem. According to a report on WVEC.com, Chinese drywall has been confirmed in one Hollymeade home, and scores more will be inspected because of the discovery.

Last week, the head of the Consumer Products Safety Commission (CPSC) said the agency had received 1,192 incident reports about drywall from 24 states, including the District of Colombia. The majority of those reports have come from Florida, followed by Louisiana and Virginia. Gases emitted from the 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.

Earlier this summer, tests conducted by the Environmental Protection Agency (EPA) found that Chinese-manufactured drywall contained elevated levels of strontium sulfide, as well as the presence of several organic compounds associated with the production of acrylic paint that were not present in samples of U.S.-made drywall. Results from more testing that could shed light on the possible health risk posed by exposure drywall gases could be available in October.

Chinese drywall poured into the U.S. between 1999 and 2007 because of the high demand created by the housing boom. Imports accelerated when the rebuilding that followed Hurricane Charley in Florida in 2004, and Hurricane Katrina along the Gulf Coast in 2005, created a drywall shortage. According to The Wall Street Journal, some 500 million pounds of Chinese drywall was imported to the U.S. during the housing boom. That means as many as 100,000 homes throughout the country could have been built with the material.

According to WVEC, 10 homeowners in Hollymeade are concerned that they may have a Chinese drywall problem. The Virginia -Pilot is reporting that the builder of the subdivision, Atlantic Homes LLC, hired an affiliate of Norfolk-based Venture Supply to hang drywall in the development's homes. As we've reported previously, Venture Supply, which has since gone out of business, confirmed that it imported some drywall from China.

According to The Virginia-Pilot, Atlantic Homes has begun sending letters to homeowners in the subdivision informing them of the possible Chinese drywall issue. The firm has plans to inspect homes in the community to determine which, if any, have the wallboard.

Lawmakers Briefed on Chinese Drywall Probe

Fri, 11 Sep 2009 00:00:00 -0700

Lawmakers were promised a vigorous investigation of the Chinese drywall problem currently plaguing homeowners across the nation. According to a Miami Herald report, Consumer Product Safety Commission (CPSC) head Inez Tenenbaum also told lawmakers from affected states that her agency was "pouring a record amount of money and manpower" into its drywall investigation.

At a briefing yesterday, Tenenbaum said the CPSC had received d 1,192 incident reports about drywall from 24 states, including the District of Colombia. The majority of those reports have come from Florida, followed by Louisiana and Virginia, the Miami Herald said. Tenenbaum also said the CPSC's internal drywall task force, which is working with other federal and state agencies, had been in China last month as part of its investigation. She said the task force met with Chinese government and industry officials, and collected samples and other information to aid their investigation.

According to Tenenbaum, the task force has also conducted testing of 50 homes with Chinese drywall. She said she hoped that initial results of air sampling and a health assessment would be released by the end of October, the Herald reported.

According to a UPI report, Sen. Bill Nelson (D-FL) was critical of the CPSC's efforts following Tenenbaum's briefing. He said the probe is moving too slowly. "I asked how harmful is it, and they said, 'We've got to wait till the end of our study,'" said Nelson. "But when are you going to have some definitive information?"

Chinese drywall poured into the U.S. between 1999 and 2007 because of the high demand created by the housing boom. Imports accelerated when the rebuilding that followed Hurricane Charley in Florida in 2004, and Hurricane Katrina along the Gulf Coast in 2005, created a drywall shortage. According to The Wall Street Journal, some 500 million pounds of Chinese drywall was imported to the U.S. during the housing boom. That means as many as 100,000 homes throughout the country could have been built with the material.

Gases emitted from the 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. Earlier this summer, tests conducted by the Environmental Protection Agency (EPA) found that Chinese-manufactured drywall contained elevated levels of strontium sulfide, as well as the presence of several organic compounds associated with the production of acrylic paint that were not present in samples of U.S.-made drywall.

Home Inspections in Chinese Drywall Lawsuits Underway

Thu, 10 Sep 2009 00:00:00 -0700

Court ordered home inspections have begun in the Chinese drywall litigation. According to News-Press.com, the first 30 such inspections will be completed by September 14.

The home inspections were ordered by U.S. District Court Judge Eldon E. Fallon, who is overseeing the massive Chinese Drywall Multidistrict Litigation in New Orleans. According to News-Press.com, around 2,000 lawsuits are pending in that litigation, but plaintiffs' attorneys say more than 50,000 homes could ultimately be involved.

Judge Fallon has ordered that 15 Florida homes, eight Louisiana homes and a total of seven homes in Virginia, the Carolinas and Mississippi undergo inspection, News-Press.com said. These inspections are being conducted by Crawford & Company of Atlanta.

Jordan Chaikin, an attorney with the Bonita Springs, Florida law firm of Parker Waichman Alonso LLP, told Naplesnews.com that these initial inspections will determine if a home has Chinese drywall, document property damage, and ascertain the builders, manufacturers, installers and others who were involved. Chaikin's firm, along with another Florida law firm, Morgan and Morgan, filed the first Chinese drywall lawsuit in federal court earlier this year.

Following the first 30 home inspections, a uniform protocol for inspections will be established. Once the protocol is established, inspections on other homes will commence. As we've reported previously, Judge Fallon has said he wants the first trials in the Chinese drywall litigation to begin in January.

One of the first home inspections conducted under this plan took place yesterday in the gated community of Bella Lago in Estero, Florida. According to Naplesnews.com, 64-year-old Winifred Gill used her entire life savings to purchase the home she now calls a "mausoleum". She has been suffering from the same types of sinus and eye problems reported by other people living with Chinese drywall. Because of gases from Chinese drywall, Gill says her home is unlivable. She has had to move out, and has taken a loan to cover rent payments.

According to Naplesnews.com, Gill first asked her builder, Toll Brothers of Pennsylvania, if her home was built with Chinese drywall after she had to replace a 2-year-old air conditioning system. The first answer was no, but in July, the builder confirmed Gill's drywall problem, Naplesnews.com said. Before it would do anything to remediate her home, Toll Brothers wanted Gill to sign a release of responsibility. She was not comfortable with that condition, which is why she is now a party in the Chinese drywall litigation.

Gill is not alone. According to the Consumer Products Safety Commission, consumers in 24 states have filed a total of 1,174 Chinese drywall complaints. Gases emitted from the 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.

Earlier this summer, tests conducted by the Environmental Protection Agency (EPA) found that Chinese-manufactured drywall contained elevated levels of strontium sulfide, as well as the presence of several organic compounds associated with the production of acrylic paint that were not present in samples of U.S.-made drywall. The Florida health department is expected to release further test results that could shed more light on potential health hazards posed by the drywall sometime this month.

More Chinese Drywall Manufacturers Identified, Could be Added to Lawsuits

Tue, 08 Sep 2009 00:00:00 -0700

More Chinese drywall manufacturers could soon be added as defendants in the Chinese drywall multidistrict litigation currently underway in federal court in New Orleans. According to a report in the Sarasota Herald Tribune, last Thursday lawyers involved in the litigation revealed that 36 separate variations of tainted drywall have been found - far more than had originally been expected.

The variations were found after lawyers in the cases were told to document identifying marks on Chinese drywall found in affected homes, the Herald Tribune said. Photographs filed with the court last week show names such as Crescent City Gypsum Inc., International Materials Trading, ProWall and Dragon Brand Drywall.

The Sarasota Herald Tribune also reported that Judge Eldon E. Fallon, the federal judge overseeing the Chinese drywall litigation, appears to be growing impatient with some Chinese drywall manufacturers who have yet to respond to lawsuits. According to the report, the judge has actually threatened to issue default judgments against companies who do not respond.

One such company is Taishan Gypsum Co. Ltd. On Thursday, attorneys representing an Alabama builder asked Judge Fallon to issue a default judgment because Taishan has not responded to the builder's lawsuit. According to the Herald Tribune, the judge agreed to issue a preliminary default judgment against the manufacturer if it did not file an appearance before Sept. 24. That would be followed by a hearing to determine a final judgment against Taishan.

According to the Herald Tribune, Taishan is also known as Taian Taishan Plasterboard and Shandong Taihe Dongxin Co. Ltd.. The firm is controlled by the Beijing New Building Materials Public Limited Co.(BNBM), a state-owned entity under control of the Chinese government.

So far, consumers in 24 states have filed a total of 1,174 Chinese drywall complaints with the Consumer Products Safety Commission (CPSC). Gases emitted from the 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.

Chinese drywall poured into the U.S. between 1999 and 2007 because of the high demand created by the housing boom. Imports accelerated when the rebuilding that followed Hurricane Charley in Florida in 2004, and Hurricane Katrina along the Gulf Coast in 2005, created a drywall shortage. According to The Wall Street Journal, some 500 million pounds of Chinese drywall was imported to the U.S. during the housing boom. That means as many as 100,000 homes throughout the country could have been built with the material.

Progress in Chinese Drywall Litigation

Fri, 04 Sep 2009 00:00:00 -0700

The Chinese drywall litigation is moving along, with the first bellwether trials expected to begin in January. Court-ordered inspections of about thirty homes alleged to have been built with Chinese drywall are slated to begin in the coming days.

Consumers in 24 states have filed a total of 1,174 Chinese drywall complaints with the Consumer Products Safety Commission (CPSC). Gases emitted from the 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.

Hundreds of Chinese drywall cases from around the country have been consolidated in a Multidistrict Litigation (MDL) in U.S. District Court, Eastern District of Louisiana. According to the Associated Press, Judge Eldon E. Fallon, a veteran of such mass litigation, said Thursday that he wants attorneys to pick six plaintiffs whose cases could be tried in early 2010, with the first trial starting in January. The first trials will be limited to damage claims, and will not include personal injury suits involving the drywall's possible health affects, the Associated Press said.

A lead defense attorney involved in the litigation said that side might need more time to prepare. However, the lead plaintiffs' lawyer said he supports the Judge's scheduling plan, the Associated Press said.

Of the thirty properties scheduled for inspection, 15 are in Florida, eight are in Louisiana, four are in Mississippi, and one each are in Alabama, North Carolina and Virginia, the Associated Press said. Judge Fallon said yesterday that protocols could be "tweaked" following these inspections. Once the initial 30 are done, another 1000 home inspections will be conducted.

Can Renters with Chinese Drywall Break Their Lease?

Thu, 03 Sep 2009 00:00:00 -0700

Homeowner are not the only victims of Chinese drywall. The defective material is turning up in rental homes, apartments and condos as well. Many renters plagued by the odors, corrosion and health problems linked to Chinese drywall are asking questions about their legal rights.

Consumers in 24 states have filed a total of 1,174 Chinese drywall complaints with the Consumer Products Safety Commission (CPSC). Gases emitted from the 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.

Much of the reporting surround the Chinese drywall debacle has centered on homeowners, but renters are affected as well. A recent report in the St. Petersburg Times highlighted some of the legal questions faced by these Chinese drywall victims.

According to the Times, one of the most common questions posed by renters living with Chinese drywall is whether or not they can break their lease. In Florida, landlords are required by law to provide renters with a "healthy, properly maintained" residence. But renters have obligations too. The mere presence of Chinese drywall in a rental property may not be enough to justify breaking a lease. A spokesperson for Florida's Department of Agriculture and Consumer Services told The St. Petersburg Times that if the drywall does not pose a definite health hazard, a landlord might be able to take legal action against a tenant who breaks a lease.

According to the Times, the spokesperson recommended that renters with Chinese drywall problems take certain steps to protect themselves before they break their lease. These steps include consulting a lawyer, and contacting their local health department to review their situation to confirm if a health hazard exists that might justify breaking a lease.

Chinese Drywall Lawsuit Filed by Florida Lt. Governor

Wed, 02 Sep 2009 00:00:00 -0700

The Lieutenant Governor of Florida can be added to the ever-growing list of homeowners who have filed Chinese drywall lawsuits. According to News-Press.com, the federal lawsuit filed by Jeffrey Kottkamp and his wife claims that Knauf Gips KG and Knauf Plasterboard Tianjin Co. LTD "manufactured, processed, distributed, delivered, supplied, inspected, marketed and/or sold" defective Chinese drywall in their North Fort Meyers home.

Consumers in 24 states have filed a total of 1,174 Chinese drywall complaints with the Consumer Products Safety Commission (CPSC). Hundreds of homeowners have filed lawsuits against the manufacturers, distributors, builders and others in the Chinese drywall supply chain. Gases emitted from the 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.

In their lawsuit, the Kottkamp's allege that Chinese drywall has corroded air conditioning coils and other interior fixtures and has caused family members to have allergic reactions, coughing, infections, irritation and breathing problems. According to News-Press.com, the lawsuit seeks $75,000 in damages.

The Kottkamp's lawsuit will join hundreds of other Chinese drywall cases that have been consolidated in a Multidistrict Litigation (MDL) in U.S. District Court, Eastern District of Louisiana. Judge Eldon E. Fallon, a veteran of such mass litigation, has put the Chinese drywall MDL on a "fast-track", and plans to start trying bellwether cases in January.

To determine which cases will go to trial first, lawyers for plaintiffs and defendants will select a pool of about 20. From the pool, each side will select 5 for possible trial. Ultimately, Judge Fallon will schedule 6 cases from those 10 for trial.

Discovery in the litigation began in August. To aid discovery, Judge Fallon has also directed every plaintiff to fill out a profile sheet that will provide information about their claim. A home inspection protocol has also been established, and the Court will be appointing an independent firm to conduct home inspections.

Some legal observers have noted that Judge Fallon's efforts to expedite the Chinese drywall litigation could encourage the sides to consider settlements.

WCI Communities' Bankruptcy Plan, Chinese Drywall Trust OK'd

Fri, 28 Aug 2009 00:00:00 -0700

A bankruptcy judge has approved WCI Communities Inc.'s plan to set up a Chinese Drywall Trust. The funds in the trust will be used to help homeowners living in WCI-built developments pursue claims against the parties responsible for the tainted drywall in their homes.

Consumers in 24 states have filed a total of 1046 Chinese drywall complaints with the Consumer Products Safety Commission (CPSC). Gases emitted from the 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, similar to fireworks or rotten eggs, that permeates homes, and cause metals, including air conditioning coils and even jewelry, to corrode.

Earlier this summer, tests conducted by the Environmental Protection Agency (EPA) found that Chinese-manufactured drywall contained elevated levels of strontium sulfide, as well as the presence of several organic compounds associated with the production of acrylic paint that were not present in samples of U.S.-made drywall. The Florida health department is expected to release further test results that could shed more light on potential health hazards posed by the drywall in September. The EPA and other government agencies are also conducting additional health testing, and those results should also be available soon.

WCI, which filed for Chapter 11 bankruptcy in August, is one of the Florida homebuilders that has acknowledged using Chinese drywall in homes it built. The company has said it believes it built at least 200 homes using the material. Just a month prior to its bankruptcy filing, the company said it was setting aside $11 million for homes that needed air conditioning coil replacement.

Earlier this week, Judge Kevin J. Carey approved the firm's reorganization plan, paving the way for WCI to emerge from bankruptcy. Included in the plan is the Chinese Drywall Trust, which WCI will fund with $900,000. That money will help to offset the cost of litigation against insurers and other companies involved in Chinese drywall disaster.

Chinese Drywall Lawsuit Claims Material Used in Las Vegas Homes

Tue, 25 Aug 2009 00:00:00 -0700

A Chinese drywall class action lawsuit has been filed in Las Vegas, Nevada. According to the Las Vegas Sun, the lawsuit alleges that Chinese drywall is causing health problems for occupants of homes in two Las Vegas neighborhoods

The lawsuit was filed on behalf of four homeowners, the Sun said. Three of the homes are located in a neighborhood near Jones Boulevard and Grand Teton Drive; and the fourth is near Hollywood Boulevard and Desert Inn Road. The lawsuit, which seeks class action status for all residents of the state suffering health problems because of Chinese drywall, names subsidiaries of Miami-based homebuilder Lennar Corp. and drywall manufacturer Georgia-Pacific Corp. of Atlanta as defendants.

Defendants named in the suit claim that they did not use Chinese drywall in Las Vegas homes, and the Sun notes that domestic wallboard is made in the Las Vegas area. However, Georgia Pacific has been named in a Florida lawsuit that alleges its American-made synthetic drywall products are also causing corrosion in home components and health problems. The suit alleges that those products emit sulfur, methane and other volatile organic chemical compounds, the Sun said.

As we've reported previously, Lennar has acknowledged that Chinese drywall was used in about 400 of its Florida homes. The company has filed its own lawsuit against the makers and distributors of Chinese drywall.

Consumers in 24 states have filed a total of 1046 Chinese drywall complaints with the Consumer Products Safety Commission (CPSC). Gases emitted from the 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, similar to fireworks or rotten eggs, that permeates homes, and cause metals, including air conditioning coils and even jewelry, to corrode.

Earlier this summer, tests conducted by the Environmental Protection Agency (EPA) found that Chinese-manufactured drywall contained elevated levels of strontium sulfide, as well as the presence of several organic compounds associated with the production of acrylic paint that were not present in samples of U.S.-made drywall. The Florida health department is expected to release further test results that could shed more light on potential health hazards posed by the drywall in September. The EPA and other government agencies are also conducting additional health testing, and those results should also be available soon.

Chinese Drywall Not Radioactive, CPSC Says

Mon, 24 Aug 2009 00:00:00 -0700

Testing on Chinese drywall for the presence of radioactive phosphogypsum is complete. According to the Consumer Products Safety Commission (CPSC), a radiation risk was not found in 21 samples of Chinese drywall that were tested.

Earlier this summer, we reported that a Los Angeles Times investigation had found that Chinese drywall manufacturers regularly use phosphogypsum - a byproduct of fertilizer production - in their wallboard. Though phosphogypsum has been banned from use in construction in the U.S. since the 1980s because of its radioactive properties, several Chinese drywall manufacturers told the Times that they had shipped wallboard made with phosphogypsum to the U.S. in 2006. The LA Times report raised fears that Chinese drywall could be radioactive.

The reports of phosphogypsum use by Chinese drywall manufacturers prompted the CPSC to order radiation testing. Those tests were conducted by the Florida Department of Health Radiation Laboratory and the U.S. Environmental Protection Agency (EPA) National Air and Radiation Environmental Laboratory. Of the 21 samples tested, 17 were obtained by the CPSC from manufacturers and suppliers in multiple states, and four were obtained by the Florida health department from homes exhibiting copper corrosion, odors and occupant complaints.

According to a CPSC statement, an evaluation of those tests by a federal and state technical team of scientists from CPSC, EPA, the Florida Health Department, Centers for Disease Control and Prevention (CDC)/Agency for Toxic Substances and Disease Registry (ATSDR), Louisiana Department of Health and Hospitals, and Virginia Department of Health has concluded that the samples had no elevated levels of radioactivity. The levels were comparable to “background” levels found in soil, brick and concrete, the CPSC said.

That's some good news for people living with Chinese drywall. But as anyone who visits this blog regularly knows, there are still many questions about Chinese drywall left to be answered. Consumers in 24 states have filed a total of 1046 Chinese drywall complaints with the CPSC. Gases emitted from the 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, similar to fireworks or rotten eggs, that permeates homes, and cause metals, including air conditioning coils and even jewelry, to corrode.

Earlier this summer, other tests conducted by the EPA found that Chinese-manufactured drywall contained elevated levels of strontium sulfide, as well as the presence of several organic compounds associated with the production of acrylic paint that were not present in samples of U.S.-made drywall. The Florida health department is expected to release further test results that could shed more light on potential health hazards posed by the drywall in September. The EPA and other government agencies are also conducting additional health testing, and those results should also be available soon.

Louisiana Chinese Drywall Fund Not Enough

Thu, 20 Aug 2009 00:00:00 -0700

A Louisiana fund set up to help the victims of defective Chinese drywall may not be adequate, according to a report in The Advocate. Considering the number of affected homes in the state, the $5 million recently set aside by the Louisiana legislature won't be enough to repair every home with Chinese drywall.

Consumers in 24 states have filed a total of 1046 Chinese drywall complaints with the Consumer Products Safety Commission (CPSC). Gases emitted from the 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, similar to fireworks or rotten eggs, that permeates homes, and cause metals, including air conditioning coils and even jewelry, to corrode.

Earlier this summer, tests conducted by the Environmental Protection Agency (EPA) found that Chinese-manufactured drywall contained elevated levels of strontium sulfide, as well as the presence of several organic compounds associated with the production of acrylic paint that were not present in samples of U.S.-made drywall. The Florida Health Department is expected to release test results that could shed more light on potential health hazards in September. The EPA and other government agencies are also conducting health testing, and those results should also be available soon.

Only Florida outranks Louisiana in the number of drywall complaints filed with the CPSC. To help homeowners, the Louisiana legislature passed a law directing at $5 million of the state’s Road Home recovery program, or other available state and federal money, go toward an Imported Tainted Drywall Assistance Program.

At the monthly board meeting of the Louisiana Recovery Authority (LRA), housing task force member Randy Noel said that as many as 1,000 homes with Chinese drywall may need remediation. Those homes include many that had to be rebuilt following Hurricane Katrina.

According to the Advocate, Noel told the board that remediating Chinese drywall homes goes beyond simply moving and replacing wallboard. Homes have to be gutted to the bare walls, and then put back together again. The cost for each home is somewhere around $100,000. “Five million dollars is not going to put a dent in it,” Noel said.

More Cooperation Needed on Drywall, Florida Senator Tells Chinese Officials

Wed, 19 Aug 2009 00:00:00 -0700

Sen. Bill Nelson (D-FL) was in China last week to discuss the problems associated with defective Chinese drywall. According to a press release from his office, the Senator told Chinese officials that issues with Chinese drywall and led tainted toys had shaken American consumers’ confidence in imports from that country.

Nelson’s China stop was part of a twelve-day trip as a member of the Senate Intelligence Committee. According to his press release, Nelson told Chinese officials that they need to step up their cooperation with the Consumer Products Safety Commission (CPSC) and help U.S. homeowners hurt by the defective drywall. “I told them that we wouldn’t back down. A product from their country is damaging the homes and lives of too many people for them not to take this seriously,” Nelson said in the statement.

In February, Nelson called on the CPSC for an investigation of problems in homes constructed with the imported drywall, and for an interim ban on the product. He and Sen. Mary Landrieu of Louisiana then filed legislation aimed at initiating a recall of defective Chinese drywall, as well as a ban on the material.

In the U.S., consumers in 24 states have filed a total of 1046 Chinese drywall complaints with the CPSC. Most complaints have come from Florida (807) and Louisiana (139). Other states with Chinese drywall reports include: Alabama, Arizona, California, Georgia, Indiana, Kentucky, Louisiana, Massachusetts, Michigan, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Washington, Wisconsin and Wyoming.

Gases emitted from the 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, similar to fireworks or rotten eggs, that permeates homes, and cause metals, including air conditioning coils and even jewelry, to corrode.

Earlier this summer, tests conducted by the Environmental Protection Agency (EPA) found that Chinese-manufactured drywall contained elevated levels of strontium sulfide, as well as the presence of several organic compounds associated with the production of acrylic paint that were not present in samples of U.S.-made drywall. The Florida Health Department is expected to release test results that could shed more light on potential health hazards in September. The EPA and other government agencies are also conducting health testing, and those results should also be available soon.

The Chinese drywall disaster is just the latest scandal involving imports from that country. In 2008, nearly 80% of all product recalls in the U.S. involved imports from China. Many Chinese products have been found to have been made with toxic materials, such as lead paint, and even counterfeit ingredients. In the past, dangerous toys, toxic foods and even tainted heparin have been among the scores of Chinese products that have put U.S. consumers at risk.

Chinese Drywall Said to Be in Canada

Tue, 18 Aug 2009 00:00:00 -0700

Chinese drywall problems may not be confined to the U.S. Earlier this year, various media outlets reported that some homeowners in Canada had also been complaining about odors and other problems associated with Chinese drywall.

In the U.S., consumers in 24 states have filed a total of 877 Chinese drywall complaints with the Consumer Products Safety Commission. Most complaints have come from Florida (658) and Louisiana (105). Other states with Chinese drywall reports include: Alabama, Arizona, California, Georgia, Indiana, Kentucky, Louisiana, Massachusetts, Michigan, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Washington, Wisconsin and Wyoming.

Chinese drywall poured into the U.S. between 1999 and 2007 because of the high demand created by the housing boom. Imports accelerated when the rebuilding that followed Hurricane Charley in Florida in 2004, and Hurricane Katrina along the Gulf Coast in 2005, created a drywall shortage.

Though there was no comparable shortage in Canada at that time, it does appear that Chinese drywall was imported into that country through Vancouver. In May 2009, various Canadian media outlets reported that about a dozen homeowners in Metro Vancouver had experienced health problems possibly caused by the drywall. The complaints were reportedly coming from Surrey, Richmond, Burnaby and West Vancouver.

Published estimates said as much as 929,000 square meters of Chinese drywall arrived in Canada through Vancouver between 2001 and 2007. In addition to lower British Columbia, some Chinese drywall may have been shipped to Canada's Prairie Provinces and as far east as Toronto.

According to a report in the Canada's Journal of Commerce, any drywall that entered the country would have been required to be certified by the Canada Standards Association. One builder told the publication that if Chinese drywall had entered Canada, it would have been "unsanctioned" or possibly "black market" activity.

For months now, we have reported on homeowner complaints regarding Chinese drywall. Gases emitted from the 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, similar to fireworks or rotten eggs, that permeates homes, and cause metals, including air conditioning coils and even jewelry, to corrode.

The Chinese drywall epidemic has spawned scores of product liability lawsuits across the U.S. Six hundred of those cases have been consolidated in the Chinese-Manufactured Drywall Products Liability Litigation (MDL No. 2047) currently underway in U.S. District Court, Eastern District of Louisiana. U.S. District Judge Eldon E. Fallon is presiding over the litigation, and it is expected that the first Chinese drywall trials will begin before the end of the year.

Defective Chinese Drywall Lawsuit Lawyer

Tue, 18 Aug 2009 00:00:00 -0700

Defective Chinese Drywall Lawyers

Keywords: Drywall Smell Rotten Eggs Sulfer Sulfur Chinese Lawyer Lawsuit

Parker Waichman Alonso LLP, A Leading National Firm Dedicated to Protecting Homeowners Rights, Is Investigating Allegations That Builders Are Using Coercive Tactics and One-Sided Remediation Agreements to Limit Chinese Drywall Liability

Parker Waichman Alonso LLP has been contacted by several homeowners with Chinese drywall who have been coerced by their builders into signing unfair, one-sided remediation agreements. Parker Waichman Alonso LLP filed the first Chinese drywall lawsuit in federal court, and continues to aggressively prosecute these claims.

Builders in Florida implicated in using Chinese drywall have been accused of preying on desperate homeowners with the goal of inducing them into forfeiting all of their legal rights in return for an inadequate remediation of their homes. These unethical builders are continually contacting, and in many cases harassing, their customers, whether they are represented by counsel or not. Some builders are misleading the homeowners into believing that their sole remedy is to permit the builder to do the remediation. Naive homeowners, anxious to have their homes made livable, are relying on empty promises and other oral representations made by builders that are not contained in written agreements. As a result, many homeowners have entered into written agreements without understanding the full implications of this action. In all cases builders are refusing to perform any remediation unless the homeowner signs one of these unconscionable, one-sided agreements.

These agreements release the builder from all current and future claims of liability. They also assign all of the homeowner's rights to the builder enabling the builder to go after any other party(s) responsible for any claims or damages the homeowner could have asserted. The agreements do not provide for compensation for many of the homeowner's losses including damage to personal property, reimbursement for out-of-pocket expenses, diminution in market value, inability to refinance, detriment to credit resulting from default and/or foreclosure, and loss of enjoyment. These agreements do not require builders to cover any mortgage payments, utilities, taxes, insurance and/or Home Owners Association fees, or other expenses during the period of remediation, during which time the owner cannot use the property. Almost all of the agreements provide only a 1 year Limited Warranty that is not transferable or assignable to subsequent purchasers and will leave the homeowner without a remedy after the expiration of the 1 year period.

People who have had their homes remediated under these agreements have expressed dissatisfaction with both materials and workmanship. Unfortunately, the "Scope of Work" in these agreements, if it exists at all, is vague and ambiguous and does not provide for an adequate remediation. In many cases, builders are reinstalling the same cabinetry, plumbing components and electrical fixtures that were already subjected to the toxic fumes emitted from Chinese drywall. When builders do bother to replace materials and appliances, they are often cheaper, and of inferior quality. Many builders are taking an unreasonable amount of time to begin and complete the remediation.

Parker Waichman Alonso LLP is currently offering free consultations to any homeowner who was coerced by a builder to enter into such a one-sided, unfair agreement. Consultations are available through our website at www.yourlawyer.com, by calling 1-800-LAW-INFO (1-800-529-4636), or through our Florida office directly at (239) 390-1000. If you or someone you know has been victimized by a builder in this way, we urge you to contact us immediately to protect your legal rights.

About Parker Waichman Alonso LLP
Parker Waichman Alonso LLP is a leading products liability and personal injury law firm that represents plaintiffs nationwide. The firm has offices in Florida, New York and New Jersey. Parker Waichman Alonso LLP has assisted thousands of clients in receiving fair compensation for injuries resulting from defective products, drugs and medical devices. We represent plaintiffs in both class action and individual lawsuits. For more information on Parker Waichman Alonso LLP, please visit: www.yourlawyer.com or call 1-800-LAW-INFO (1-800-529-4636).

CONTACT:
Parker Waichman Alonso LLP
3301 Bonita Beach Road
Bonita Springs, Florida 34134
(800) LAW-INFO (800) 529-4636
info@yourlawyer.com
www.yourlawyer.net/drywall

The lawyers / attorneys at our firm are offering free consultations to residents of Florida and other states whose homes have been ruined by defective Chinese drywall. Owners of new homes - mostly in South Florida, but some in Virginia as well - have been complaining of drywall that smells like rotten eggs. Reports indicate that the drywall emits a sulfur compound that corrodes wiring, air conditioning coils and other metals, and may cause health problems from chronic exposure. It has been determined that the drywall responsible for these problems was imported from China.

Our Chinese drywall lawyers are actively investigating these complaints, and we have seen how devastating the problems caused by defective Chinese drywall can be. Many people have been driven from their homes by the putrid smell. First and foremost, there are concerns that the fumes being emitted by the Chinese drywall could cause respiratory and other health problems.

Many Chinese drywall victims have spent thousands to repair or replace wiring, air conditioning units and other systems destroyed by the fumes. Many are also concerned that the drywall issues will affect the value of their houses, as well as their ability to sell. This is especially true in Florida, where home values have already been decimated by the recent real estate collapse.

Our firm will work hard to make sure the builders, suppliers and manufacturers responsible for this defective Chinese drywall are held accountable. If you have experienced foul odors in your home, corroding air conditioning coils and wiring, or any other problem related to Chinese drywall, you may be entitled to compensation. Please call our Chinese drywall lawyers right away to protect your legal rights.

LATEST UPDATE:

8/25/09 The Big 870 WWL New Orleans - Garland Robinette - Interview with Danny Becnel and Jerry Parker regarding chinese drywall.

8/10/09 CPSC Press Statement Regarding Drywall and Phosphoypsum -- Click Here

8/10/09 Testing of Chinese Drywall for Radiation -- Click Here

8/10/09 Reports of Drywall "Cases" to DOH County Health Departments (Florida Only) -- Click Here

7/30/09 Reports of Drywall "Cases" meeting FL-DOH's Case Definition (Across USA) -- Click Here

6/3/09 Imported Drywall and Health - A Guide for Healthcare Providers 6/3/09-- Click Here

7/21/09 CNBC -- Leading National Law Firm Dedicated to Protecting Homeowners Rights, Launches Chinese-Drywall-Answers.com to Provide the Most Complete and Timely Information on Defective Chinese Drywall -- Click Here

7/15/09 United States District Court/Eastern District of Louisiana-Eastern District of Louisiana's ongoing court docket concerning Chinese drywall Multidistrict Litigation -- Click Here

7/20/09 CNBC -- National Law Firm Investigating Allegations That Builders Are Using Coercive Tactics and One-Sided Remediation Agreements to Limit Chinese Drywall Liability -- Click Here

7/09/09 PRNewswire -- Investigation of Hundreds of Chinese Drywall Claims on Behalf of Homeowners -- Click Here

4/2/09 Congressman Robert Wexler's letter to Governor Charlie Crist PDF-- Click Here

4/3/09 Florida House of Representative Martin Kiar's letter to Governor Charlie Crist PDF-- Click Here

4/3/09 Governor Charlie Crist's letter to EPA and CDC PDF-- Click Here

4/3/09 Governor Charlie Crist's response to Congressman Robert Wexler PDF-- Click Here

3/18/09 CNN News -- Chinese-made drywall ruining homes, owners say -- Click Here

US Consumer Product Safety Commision-Drywall Information Center-- Click Here

Chinese Drywall Problems

Drywall is the board used to make interior walls. Usually, it is manufactured in the United States, but a shortage between 2004 and 2006 prompted many builders to buy drywall from China. Our firm's investigation has confirmed that most of the reported problems stem from drywall imported from China during Florida’s construction boom years of 2004-2005. One official with a large building supply company recently told a Florida newspaper that more than 10-million square feet of the Chinese drywall was imported to southwest Florida during that time.

In some Florida developments, the drywall issue emerged after months of failures in heating and cooling systems. Air-conditioning evaporator coils, which are supposed to last a decade or more, are corroding and failing in homes only a couple of years old. Pipes and wiring may also be deteriorating because of the Chinese drywall fumes.

Knauf Plasterboard Tianjin Co. Ltd. of China, a subsidiary of German-based manufacturer Knauf, is the company at the center of Florida’s drywall problems. Reports have indicated that some of the drywall may have been kept on barges at sea for months awaiting permission for importation to the United States. There is speculation that the humidity the material was exposed to while at sea may have something to do with the drywall's fume problems.

Knauf has issued a statement insisting that the sulfur-like smell coming out of its drywall poses no dangers. The company maintains that the damage done to air conditioning and electrical wiring is the result of drywall made by some other company - though it has been unable to name which one. Knauf has also insisted that the drywall problems are confined to Florida, but our firm has become aware of similar reports coming out of Virginia Beach, Virginia.

Many of the Florida homes that are the subject of Chinese drywall complaints were built by Lennar Corp., the nation’s second-largest builder by volume. According to a report in The Wall Street Journal, Lennar is testing, and continues to test, a dozen of its Florida developments and has shared results with the state health department. The company has relocated several families in order to rip out and replace the drywall in their homes.

Our firm is actively working to uncover what other companies, builders and suppliers might share responsibility for the Chinese drywall problem. If you are experiencing similar problems with you home, or have other information about other parties that may have had a hand in this disaster, our Chinese drywall lawyers want to hear from you.

Chinese Drywall Health Problems

There are concerns that the horrible smell coming from Chinese drywall is an indication that the material is emitting toxins that could be dangerous to the health of residents. According to a report on Environmental Expert.com, the drywall is made from gypsum, a natural material. The problems appear to be related to the presence of iron disulfide (FeS2 pyrite). Hydrogen sulfide (H2S), carbonyl sulfide, sulfur dioxide (SO2), and carbon isulfide (CS2) are also suspected as culprits, the Web site said.

Health officials are still trying to determine what health problems these fumes might cause. A toxicologist for the state of Florida recently told one newspaper that the odor causes people to experience mild and moderate respiratory irritation that clears up when they leave the homes. Other residents have reported that they are experiencing headaches that also go away when they leave their houses. Other symptoms being reported included irritated eyes, coughing, sneezing, difficulty breathing, and symptoms similar to bronchitis and asthma.

Especially worrisome is the possibility that the Chinese drywall is emitting hydrogen sulfide fumes. Exposure to 50 parts per million of hydrogen sulfide for more than ten minutes can cause extreme irritation. Inhalation of 500 to 1,000 parts per million can cause unconsciousness and death through respiratory paralysis and asphyxiation, according to environmental experts.

Health officials are most concerned that the Chinese drywall fumes could be especially dangerous for sensitive populations. These include the very young and the elderly. People with asthma and chemical sensitivities would be at greatest risk. These worries have caused many people to flee their homes in an effort to preserve their health.

Chinese Drywall In Canada

Canadian homeowners in British Columbia's Lower Mainland have also complained of problems with Chinese drywall. In May 2009, various Canadian media outlets reported that about a dozen homeowners in Metro Vancouver had experienced health problems caused by the drywall. The complaints were reportedly coming from Surrey, Richmond, Burnaby and West Vancouver.

Published estimates said as much as 929,000 square meters of Chinese drywall arrived in Canada through Vancouver between 2001 and 2007. In addition to lower British Columbia, some Chinese drywall may have been shipped to Canada's Prairie Provinces and as far east as Toronto.

Legal Help for Victims of Chinese Drywall

If you or someone you know is experiencing foul odors in your home, frequent problems with air conditioning and other systems, or any of the health problems linked to Chinese drywall, you have valuable legal rights. Please fill out our online form, or call 1-800 LAW INFO (1-800-529-4636) to discuss your case with one of the Chinese drywall lawyers at our firm.