Archive for September, 2009
Chinese Drywall News Alerts
USBC States the Importance of Certification in Remediation for …
PR.com (press release)
There are possibly hundreds of thousands of homes that have to be remediated from defective Chinese drywall in Florida alone. It has been reported that as …
Chinese drywall concerns in Newport News subdivision
By Patrick Terpstra, 13News NEWPORT NEWS – Nearly 70 homes in a Newport News neighborhood could be checked after Chinese drywall was found in one house. …
See all stories on this topic
Estero home tested for Chinese drywall lawsuits
NBC2 News
ESTERO: A federal judge has ordered 30 homes across the country be tested for Chinese drywall, to set a standard for all of the federal lawsuits surrounding …
See all stories on this topic
Editorial: Let’s see more action on drywall
The News-Press
That’s at least some help for people whose recently built or remodeled homes have been damaged or ruined by Chinese drywall, which smells like rotten eggs …
See all stories on this topic
Number of implicated Chinese drywall manufacturers may be about to jump sharply.
The number of Chinese drywall manufacturers responsible for corrosion and potential health problems plaguing U.S. homeowners may be about to increase substantially.
With the first set of home inspections about to begin in the massive combined Chinese drywall litigation playing out in New Orleans, lawyers involved in the case were told to document the different identifying markings on wallboard found in affected homes.
On Thursday, they revealed that 36 separate variations of tainted drywall have been found — a much higher number than previously disclosed.
While some manufacturers may have more than one way of marking their product and some markings were stamped by distributors, the three dozen variations opens the door to a host of new companies publicly joining the mix.
New players revealed in photographs filed with the court show names such as Crescent City Gypsum Inc., International Materials Trading, ProWall and Dragon Brand Drywall.
The disclosure came Thursday as U.S. District Court Judge Eldon E. Fallon, who is overseeing the multidistrict litigation, warned one of the Chinese manufacturers already identified — Taishan Gypsum Co. Ltd. — that he would issue a default judgment if it did not respond in the case.
Fallon also warned other defendants served with lawsuits who had failed to respond that he would consider granting default judgments against them.
At Thursday’s proceeding, he appeared ready to follow through.
The Mitchell Co., an Alabama home builder also active in Florida, had filed a motion Wednesday asking the court for a default judgment against Taishan Gypsum, which the builder was finally able to serve with its suit this summer in China.
Taishan, also known as Taian Taishan Plasterboard and Shandong Taihe Dongxin Co. Ltd., is controlled by the Beijing New Building Materials Public Limited Co., or BNBM, a state-owned entity controlled by the Chinese government.
Fallon said he would issue a preliminary default judgment against the manufacturer if it did not file an appearance before Sept. 24. The judge warned that what would then quickly follow would be a hearing to determine a final judgment against Taishan.
“I will set it for a hearing, you can present any evidence and I’ll issue a judgment, a monetary judgment, on that,” Fallon told the attorney for The Mitchell Co.
As the Herald-Tribune first reported in February, Taishan continued shipping drywall to the U.S. into 2007, after many other Chinese manufacturers had stopped. In summer 2007, for example, three Taishan shipments entered Port Everglades, totaling 3 million pounds.
It was New York’s ports that experienced perhaps the most activity when it came to Taishan drywall. In 2006 and 2007, ships bearing the company’s wallboard docked at least two dozen times at ports there, carrying a total of more than 4.5 million pounds of the material.
In addition to being absent from the court proceedings, Taishan and its parent company BNBM also have been tight-lipped when it comes to questions from the media.
A representative of BNBM previously contacted at the company’s office in Beijing said the company had “set up a work group looking into the case,” but disputed the Taishan board was defective.
The company has since refused to respond to questions about its activities.
Among the photographs submitted Thursday was one of drywall bearing the brand name of BNBM itself — not its Taishan subsidiary — showing the parent company also has its own variety of board causing problems in the U.S.
http://www.heraldtribune.com/article/20090904/ARTICLE/909041046/-1/NEWSSITEMAP
Judge eyes January for trial on Chinese drywall
By MICHAEL KUNZELMAN
Associated Press Writer
NEW ORLEANS — A federal judge presiding over hundreds of lawsuits against Chinese drywall makers and installers said Thursday that he plans to hold the first trial in January for the cases, which claim the imported products emit sulfur, methane and other chemical compounds that have ruined homes and harmed residents’ health.
U.S. District Judge Eldon Fallon told attorneys that he expects them to pick six plaintiffs whose cases could be tried in early 2010, with the first trial starting in January.
Kerry Miller, a lead lawyer for companies named as defendants in the suits, said defense attorneys may need more time to prepare for the first batch of bellwether trials. Russ Herman, a lead plaintiffs lawyer, said he supports Fallon’s scheduling plan.
“I wish we could begin trials next week. We’re ready,” Herman said after the hearing.
Fallon said the first batch of trials would be limited to damage claims and wouldn’t include plaintiffs who blame Chinese drywall for health problems.
Around 400 plaintiffs and 20 defendants have filled out “profile forms” for the litigation, but Herman estimated that plaintiffs lawyers represent around 6,000 clients with claims.
Knauf Plasterboard Tianjin, a company based in China, is the only drywall manufacturer to have filled out a profile form; most of the companies are home builders. Knauf Tianjin spokeswoman Melisa Mendez Chantres said the company is investigating and trying to resolve homeowners’ complaints.
“KPT’s primary focus has always been ensuring the health and safety of the end-users of its product,” she said in a statement. “It responded immediately to inquiries by builders that raised health concerns and hired highly regarded experts, who determined that there were no health risks to persons in the homes.”
Herman said he expects several dozen other Chinese drywall manufacturers to respond to the litigation in coming weeks.
Thirty properties owned by plaintiffs are scheduled to be inspected in the coming days. Fifteen are in Florida, eight are in Louisiana, four are in Mississippi, and one each are in Alabama, North Carolina and Virginia.
Fallon said the protocols for the inspections could be “tweaked” before the next batch of roughly 1,000 inspections.
“You can think you’ve done the protocol in the proper way, but until you carry it out, until you conduct inspections, you really don’t know,” he said.
http://www.miamiherald.com/news/florida/AP/story/1216209.html