Archive for the ‘Latest News’ Category
Chinese Drywall News Alerts
Help Chinese Drywall Launches new Forum.
HelpchineseDrywall.com added a new forum to the website to allow homeowners affected by Chinese Drywall to communicate to one another, to share experiences such as dealing with banks, mortgages, taxes, remediation and much more. Be sure to check out the new section
Chinese Drywall Class Action Lawsuit Filed in Nevada
AboutLawsuits.com
Homeowners in Nevada have filed a Chinese drywall class action lawsuit against local builders, saying that defective drywall in their homes have caused a …
California’s housing depression could spread
The San Francisco Examiner
And now the “new asbestos” —Chinese drywall — is fueling a gold rush among plaintiffs’ lawyers in search of a new and lucrative practice area. …
CPSC Press Statement Regarding Drywall and Phosphogypsum
Responding to recent news accounts about the possibility of imported drywall containing
radioactive phosphogypsum, federal and state agency radiation laboratories analyzed
multiple samples of drywall obtained by the U.S. Consumer Product Safety Commission
(CPSC) and the Florida Department of Health (FLDOH).
Twenty-one samples were analyzed from homes and manufacturers of drywall. Seventeen were obtained by CPSC
from manufacturers and suppliers in multiple states, and four were obtained by FLDOH
from homes exhibiting copper corrosion, odors and occupant complaints. Results of the
phosphogypsum testing showed levels that do not pose a radiation safety risk to families.
FLDOH’s Radiation Laboratory and the U.S. Environmental Protection Agency (EPA)
National Air and Radiation Environmental Laboratory (NAREL) analyzed the samples
for evidence of phosphogypsum contamination. Evaluation of the analysis by a federal
and state technical team of scientists from CPSC, EPA, FLDOH, 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.
Nelson seeks China cooperation on drywall
U.S. Sen. Bill Nelson said in a media release Tuesday he pressed Chinese officials in recent trips there to cooperate more fully in investigations of defective high-sulfur drywall that was made in China and is ruining homes in the United States.
Nelson’s remarks came immediately before a separate journey to China this week by a delegation of the U.S. Consumer Product Safety Commission, which is investigating hundreds of complaints from homeowners in Florida and elsewhere about the ill effects of drywall made in China.
According to Nelson’s statement, the trips send a message that the United States is serious about China taking responsibility for some the problems caused by its drywall. Nelson said in the release he intends to insist that drywall be on the agenda for planned meetings this fall between President Obama and Chinese President Hu Jintao.
http://www.bizjournals.com/tampabay/stories/2009/08/17/daily34.html
Chinese Drywall News Alerts
FAU plans to offer training classes for removal of tainted Chinese …
Palm Beach Post
The issue of removal has garnered attention because some Chinese drywall gives off a sulfuric odor linked to corrosion of metal components in homes. …
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Chinese Drywall Homes Could be Eligible for Property Tax Reductions
Newsinferno.com
Chinese drywall homeowners in Hillsborough County, Florida could see their property taxes reduced this year. According to a report on the ABC Action News …
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New legislation could help homeowners sue Chinese drywall …
InjuryBoard.com
The Miami Herald (8/12, Clark) reports, “New legislation could make it easier for homeowners with defective Chinese drywall to take the manufacturer to …
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Pacific team develops test for toxic drywall
Stockton Record
By Jennie Rodriguez STOCKTON – In less than a minute, Matthew Curtis confirmed that a pea-size sample of Chinese drywall contained toxic sulfur, …
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Rumberger Kirk & Caldwell Partner Featured Speaker for Chinese …
PRLog.Org (press release)
Fitzsimmons is one of three speakers who will discuss recent developments in Chinese drywall litigation. The course will address the legal theories being …
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Couple taking defective drywall out of their home, and it’s working
Winknews.com
A North Port couple is putting their home, infested with Chinese drywall, back together. WINK News first told you about the homeowners ripping the drywall …
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Chinese Drywall Lawyers Appointed to Leadership Roles in Federal MDL
U.S. District Judge Eldon E. Fallon has appointed 14 different Chinese drywall lawyers to serve in leadership roles in the consolidated litigation over defective drywall imported from China, which has been centralized in the Eastern District of Louisiana.
On June 15, the U.S. Judicial Panel on Multidistrict Litigation consolidated all cases filed throughout the country involving issues with Chinese drywall into an MDL, or Multidistrict Litigation. The cases have been transferred to Judge Fallon for coordinated pretrial litigation and discovery, and Judge Fallon has indicated that he intends to fast track the litigation, with the first trials for Chinese drywall lawsuits potentially beginning within six months.
According to an order issued last week, Arnold Levin was appointed to serve as Lead Counsel for the plaintiffs, Russ Herman was appointed as Plaintiffs’ Liaison Counsel and twelve other lawyers were appointed to serve on a Plaintiffs’ Steering Committee.
Thousands of homeowners have experienced problems with defective Chinese drywall that was used to build homes between 2004 and 2007. The drywall was imported from China as a result of a shortage of domestic drywall caused by a housing boom and rebuilding from several hurricanes.
The defective drywall contains sulfur compounds that can emit a “rotten egg” smell, corrode electrical appliances and wiring, and potentially cause health problems for residents. The U.S. Consumer Product Safety Commission (CPSC) reports that complaints have been received from homeowners in 21 states, with most of the complaints coming from Florida, Louisiana and Virginia.
Although individual plaintiffs will continue to be represented by the Chinese drywall lawyers they retained to handle their cases, the attorneys assigned to leadership roles will perform duties during discovery, hearings and meetings that are for the common benefit of all plaintiffs whose cases have been consolidated before Judge Fallon.
The aggressive schedule laid out by Judge Fallon for moving the cases toward trial calls for each side to select 10 cases to begin early discovery, which will later be narrowed down to five cases for trial. The first cases will deal with property damage claims only, because they can be resolved quicker than the Chinese drywall injury lawsuits.
While the litigation is ongoing, lawmakers have been trying to find relief for homeowners affected by the Chinese drywall problems. Last Tuesday, Senator Bill Nelson (D-Fla.) sent a letter to President Brack Obama asking for the White House to mobilize federal resources and asking that the president create a federal Drywall Assistance Center where homeowners can find information on federal resources and the status of drywall investigations.
Nelson also specifically asked Obama to look into homeowner assistance grants and other grants from the Department of Housing and Urban Development, and suggested that the Federal Emergency Management Agency (FEMA) could assist with relocation of homeowners affected by defective Chinese drywall.
http://www.aboutlawsuits.com/chinese-drywall-lawyers-appointed-to-leadership-in-mdl-5201/
Toxic Chinese Drywall Remediation Presents Other Dangers
leading forensic expert on building envelope, water intrusion, toxic mold, and Chinese drywall, Spiderman S. Mulholland, Senior Forensic investigator and national consultant with US Building Consultants (USBCI) and US Building Laboratories Inc. (USBLI) along with an independent work group comprised of experts and scientists have been working feverishly to determine proper protocol for remediation of homes affected by the defective Chinese Drywall Crisis.
Many questions have been raised. Do we have to rip out the wiring? Can the studs be salvaged? Does the tile have to be torn out? Does the ceiling drywall have to be removed? What about our personal belongings? What is the absorption rate of these volatile organic compounds on the other building materials that are in the home?
USBCI and USBLI have taken over several Florida homes and have been doing testing in the lab and in the field along with other laboratories across the nation. They are trying to design the most cost effective solution for remediation.
“The biggest fear we have is homeowners paying twice to have their homes remediated,” said Mulholland. “Already there are many reports of remediation that have failed after removing the drywall. There are some builders who are even asking homeowners to forfeit their legal rights on future claims. This is a serious concern to us and we have contacted local and state officials about this concern.”
Under the proper protocol for remediation, this could be a win-win situation for homeowners providing that warranties and certification is obtained by the contractors or developers.
Mulholland has been concerned about this issue, and contacted the offices of Senator Nelson and Congressman Wexler to address this crisis. The main issue is if the homes are not properly remediated and not certified with warranties, homeowners again may be left holding the bag.
Contractors coming back to rectify the problem need to be aware of proper protocol in dealing with remediation efforts. US Building Consultants, Inc. will be formulating these protocols and submitting them to the state for approval over the next several weeks.
http://www.azobuild.com/news.asp?newsID=6825
Chinese Drywall Help Sought from White House, Federal Agencies
A group of U.S. Senators sent out a series of letters yesterday – including one that went to the White House – asking for more action on the Chinese drywall problem. Similar letters were sent to the U.S. Small Business Administration (SBA), the Department of the Treasury and the Department of Housing and Urban Development (HUD).
The Consumer Products Safety Commission has received 681 complaints from residents of 22 states regarding Chinese drywall. The most reports – 510 – have come from Florida. Homeowners have complained that fumes from the Chinese drywall produce a “rotten eggs” odor that permeates their homes, and causes metal, including air conditioning coils and even jewelry, to corrode. Eye irritation, sinus problems and respiratory symptoms have also been reported among people living in homes containing Chinese drywall.
Recently, tests conducted by the Environmental Protection Agency revealed that Chinese-manufactured drywall contained elevated levels of strontium sulfide, as well as several organic compounds associated with the production of acrylic paint which were not present in samples of U.S.-made drywall. Recently, some concerns have arisen that some Chinese drywall could also be radioactive. According to an LA Times investigation, some Chinese drywall manufacturers used phosphogypsum – a radioactive phosphorous substance – to manufacture wallboard. At least four manufacturers told the Times that drywall made with phosphogypsum was shipped to the U.S. in 2006. Phosphogypsum contains radium which, over time, can increase lung cancer risks. Phosphogypsum has been banned in the U.S. for use in construction since 1989.
The letter to the White House was sent by Senator Bill Nelson, D-FL. According to Herald-Tribune.com, Nelson asked the Obama Administration to take a more active role in dealing with the Chinese drywall debacle. “What urgently is needed now is White House mobilization and coordination of all federal resources that can help homeowners,” Nelson wrote.
Nelson joined three other senators, Mary Landrieu D-LA, Mark Warner, D-VA., and Jim Webb, D-VA. – in writing to the other government agencies. According to Herald-Tribune.com, the Senators have asked the Small Business Administration to investigate if disaster relief loans could be made available to some Chinese drywall victims, and whether governors in states with drywall problems could declare a “physical disaster declaration”.
The letters to the Treasury and HUD sought financial relief for homeowners who have been forced to leave their homes and must pay both rent and mortgagee payments, Herald-Tribune.com said.
http://www.newsinferno.com/archives/10121
WCI plan has trust for Chinese drywall
South Florida Business Journal – Paul Brinkmann
A bankruptcy judge has approved revisions to a proposed plan for WCI Communities to emerge from bankruptcy, which includes a trust account for claims against insurers or suppliers regarding defective Chinese drywall.
U.S. Bankruptcy Judge Kevin Carey approved what is known as a Disclosure Statement for the revisions to the proposed bankruptcy plan on Friday.
“The revised bankruptcy plan was the product of negotiations and is the first step at finding a solution for homeowners impacted by defective drywall,” said Mike Ryan, an attorney in Fort Lauderdale who represents dozens of homeowners with Chinese drywall claims.
“Under the proposed plan, the trust will be empowered to bring lawsuits aimed at obtaining the maximum amount of recovery to fund remediation and the pay for the damages to the homeowners,” Ryan said.
http://www.bizjournals.com/southflorida/stories/2009/07/13/daily86.html