Tuesday, April 7, 2009

First North Carolina Lawsuit Filed.

Dan Bryson (Lewis & Roberts, PLLC) and Joel Rhine (Lea, Rhine, Rosbrugh & Chleborowicz, PLLC), have filed the first case in North Carolina over the use of Chinese drywall in residential construction. Dan and Joel are both members of the Chinese Drywall Legal Network.

Our office was recently contacted by Mary and Dan Flannigan about Chinese drywall they found in their home in Holly Springs, North Carolina. Holy Springs is near Raleigh, North Carolina. The Flannigans had noticed problems with their air-conditioning unit and many metals in their home since moving in. They also began to experience some health problems. The Flannigans heard about the problems associated with Chinese drywall and, after looking in their own home, they found drywall marked "Made in China." After inspecting their home and conducting a thorough investigation into their problems and the issues related to Chinese drywall, we filed a complaint against the Flannigans' builder, Stafford Custom Homes, Inc., in Wake County Superior Court on April 6, 2009.
As many have learned by now, Chinese drywall has been in the national news and may prove to be a national controversy rather than a problem limited to the southeast. We have learned that homeowners across the country, just like the Flannigans, have begun to notice a sulphur or “rotten egg” smell permeating throughout their homes. In conjunction with the sulphur smell, some homeowners have noticed that many metals, especially copper coils and electrical wires, have been corroding prematurely in homes built with Chinese drywall. Furthermore, we have spoken with several homeowners who have suffered health problems after living in homes built with Chinese drywall. Many homeowners unknowingly attributed these problems to various independent reasons without a concern that the cause may be something in the walls of their homes. However, due to the pervasiveness of these common problems, environmental agencies, including Florida’s Health Department, have conducted inspections concluding that these common problems are related to defective Chinese drywall.

Class action lawsuits and numerous individual complaints have been filed in Florida against builders, manufacturers and importers related to defective Chinese drywall. A major home builder, Lennar Homes, has even filed a class action against the manufacturers and installers of the Chinese drywall in the homes they built. Lennar Homes, like us, has learned that the Chinese drywall is causing serious problems in homes and that the cost to repair the damage and replace the drywall could be catastrophic.

Through our investigation, we have learned that in the past, builders were installing domestically produced drywall into homes. Domestic drywall is made mainly from the mineral gypsum. But, between 2004 through 2006, amid the housing boom and the scramble for construction material along the Gulf Coast during the reconstruction after Hurricane Katrina, suppliers began importing drywall from China to keep up with demand. We have learned that Chinese drywall contains sulphur and other organic compounds which can emit a noxious gas in your home. These chemical gasses are causing corrosion of many metals in homes built with Chines drywall. Furthermore, the gasses are permeating the homes with a foul smelling "rotten egg" smell. Some homeowners are relating health problems to living in their homes built with Chinese drywall.

While originally thought to be primarily in Florida and the Gulf Coast, Chinese drywall seems to be a wide-spread problem that may effect hundreds of thousands of homes throughout the country. The Flannigans home is just one indication that Chinese drywall was used by builders in North Carolina. We are currently investigating other builders that used this product and the problems it may have caused.

As founding members of the Chinese Drywall Legal Network, we are poised to answer any questions you may have related to problems that are similar to the Flannigans, or if you have determined that your home was built with Chinese drywall. Please do not hesitate to contact us.

Suits are being filed!

Attorney Steve Mullins, of Luckey & Mullins in Mississippi, has recently filed the first consumer class action complaints in Mississippi and Alabama. Hopefully, these suits will provide some relief to homeowners in those states who have been damaged by defective Chinese drywall. From Steve's site visits, there appears to be at least two (2) types of Chinese dry wall used in Alabama, Mississippi, and Louisiana: one being the now well known, Knauf drywall, and one of an unknown manufacturer simply marked “Chinese dry wall.” Steve is having photos of both of these posted on our web site soon. Most of the homes we have seen thus far have had HVAC systems or coils replaced. All of the homes have copper wiring and other metal materials turning black. This may indicate that both types of dry wall are emitting excessive sulphur dioxide and other corrosive compounds. Steve will have the first samples sent to a lab for gas chromatographic testing this week.

Unfortunately, most of the homeowners Steve has visited with so far also have small children, and the minors seem to be having upper respiratory problems. Steve has suggested that they invest in multiple hepa air filters to help dilute the presence of gas and he will be investigating whether painting the walls will help dilute the off gassing of the dry wall. We have heard from other affected homeowners that this seemed to help, but we cannot conclusively state this at this time. We would like to state that to date, we have not yet received any reports that indicate whether or not any health affects are more than transitory. Stated differently, we are hopeful that any symptoms will resolve once the problem is removed. If we learn anything from our experts that any related health issues might be permanent we will post updates here.

Many people have been asking us if their home needs to be tested. We would strongly advise that you determine whether you have the Chinese drywall before think about testing. The best way to determine this is to go into your attic and remove some of the insulation or move it around if it is blown and inspect the backside of the drywall. If it is says "Knauf-Tianjin" or “Made in China,” you have Chinese drywall in your home and may have a serious problem. Some US drywall company names that you may see in your home are Georgia Pacific, Temple Inland, National Gypsum, USG, American Gypsum, or BPB. We do not currently have reason to believe that these manufacturers have the same problems we have seen with the Chinese manufacturers. We are however, investigating whether or not any US manufacturer imported drywall from China to be sold under their own name.
Areas that seem to be particularly affected are obviously the New Orleans area, the Baton Rouge area, the Mississippi Gulf Coast and north to Hattiesburg, the Pensacola area and the Birmingham area. We have also seen drywall with the "Made in China" markings in North Carolina. We therefore believe that the distribution of the product is well outside of the limited area first reported in the news.
If you believe that you have Chinese drywall in your home, or have seen corroding pipes or electrical wires in your new home, please contact an attorney to discuss your rights as a homeowner. The attorneys of the Chinese Drywall Legal Network are currently investigating claims for numerous homeowners who have noticed these problems and have seen the "Made in China" markings in their homes. We are available to answer any questions you may have on this problem.

Tuesday, March 31, 2009

Welcome

Welcome to the Chinese Drywall Legal Network's blogspot. The Chinese Drywall Legal Network is a group of dedicated attorneys representing homeowners who have been affected by the use of drywall, sheetrock, or wallboard in their homes that was made in China and imported to the United States. Please visit our site to learn more about the attorneys who are members of the Chinese Drywall Legal Network. Our intent is to keep homeowners informed about problems with Chinese drywall as we learn them and are able to disclose them. This blog will also allow homeowners to comment on our findings and to post their own experiences with Chinese drywall in their homes. We hope that by working together we can help homeowners solve their problems and recover fair value for damages they may have suffered to themselves and their homes.

As many of you may have learned, during the construction boom between 2003 to 2006, drywall (sometimes also called sheetrock or wallboard) was in short supply in the southeast. As a result of the shortage, many building suppliers substituted an inferior product for the gypsum based drywall that was manufactured in the United States. Like many other items that have been reported in the news, this inferior product was made in China. Many home builders installed Chinese drywall in new homes throughout the nation, particularly in the southeast. Literally millions of square feet of this product were imported and distributed for use in homes just like yours. The drywall is reportedly made with a improper additive to the gypsum which causes it emit a gas of sulfur and sulfur compounds into the home. Many homeowners have determined that this "off gassing" of sulfur is causing problems with the copper in their homes' plumbing, electrical and air conditioning systems. These homeowners also report a sulfur or "rotten egg" smell in their homes that make them uninhabitable. Most alarming is the yet unclear potential for health danger.

Ask yourself these simple questions:

  • Does your new home in North or South Carolina smell like rotten eggs ammonia, or like a burnt match?

  • Has your air conditioning, wiring, or plumbing required frequent repairs?

  • Do fixtures in your home appear rusted or corroded for no apparent reason?

The cause of these and other related problems may be the existence of defective Chinese drywall in your home. These problems have or will cause extensive damage to many people's homes and offices. Some homeowners have already spent thousands of dollars in repairs to their pipes, wiring, and heat and air conditioning systems. Other have moved out of their homes because of the problems. The problem is widespread and growing.

Knauf Plasterboard Tianjin Co. Ltd. of China, a subsidiary of German-based manufacturer Knauf, finds itself at the center of this problem. Knauf was the leading exporter of drywall from China to the united States. After seeing the reported damage to plumbing, electrical wiring, and AC units, in the homes built by Lennar Homes (the second largest builder in the nation), Lennar filed suit for the losses they sustained because of the Chinese drywall they used in the homes they built. Additionally, many homeowners are filing separate lawsuits to recover for repairs and the damage to their homes caused by the Chinese drywall that was installed by their builder. The problem is not limited to homes built by Lennar. Many builders, including independent custom builders, also used Chinese drywall. While some builders may have insurance to pay for the damage and loss of value to your home, many do not. Furthermore, Knauf has not admitted to any specific defect to the drywall they manufactured in China and sold in the United States.

If you believe that your home was built with Chinese drywall or you notice some of the related problems in your home, you may have a claim for money damages. If your home was built with a defective product then you may be entitled to recover for the repair costs and replacement of the defective product. You may also be entitled to recover the loss of value to your home and any injury you have sustained as a result of living in the home. The Chinese Drywall Legal Network can help. This network of dedicated attorneys are now actively investigating claims and representing homeowners for damage allegedly caused by defective drywall in their homes that was made in China. Each member attorney and their respective firms have extensive experience in construction defect litigation.

My firm, Lewis & Roberts, PLLC, and other members of the Chinese Drywall Legal Network have represented hundreds of homeowners for construction related problems such as synthetic stucco, toxic mold, defective siding, defective plumbing, shifting and defective foundations, poor foundation preparation, and many other problems associated with shoddy workmanship. We have recovered many millions of dollars for our clients. We are a dedicated group of attorneys with one goal in mind - to obtain the best result possible for you. We are available to discuss any problem you believe you may have related to the drywall that was used to build your home. Please contact us to learn more about Chinese drywall and how it may be affecting your home. You may use our on-line form to send a direct inquiry to our us about your problems. We will respond to your request within 24 hours.