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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, 27399 Riverview Center Boulevard, Bonita Springs, Florida 34134 (800) LAW-INFO (800) 529-4636 info@yourlawyer.com www.yourlawyer.net/drywall
Hundreds of homeowners have reported these problems in new Florida homes built with dry wall imported from China. The lawyers at our firm are investigating potential lawsuits against the companies, builders and manufacturers responsible for these Chinese drywall problems. If your dream home has become a nightmare because of defective Chinese drywall, we urge you to call our office immediately for a free evaluation of your case.
Signs that You May Have a Chinese Drywall Problem
Because of a shortage of U.S.-made drywall, many builders used imported Chinese drywall during Florida’s construction boom years of 2004-2005, and into 2006. Reports have indicated that some Chinese drywall may have been kept on barges at sea for months awaiting permission to enter the country. 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.
For many people, the first sign that they may have a drywall problem is a the presence of a strong sulfur odor – often described as the smell of rotten eggs. In some cases, the odor is so bad, people are unable to live in their homes. 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.
Many people living in new Florida homes built with Chinese drywall have also experienced health problems as a result of the fumes in their homes. 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, nose bleeds, coughing, sneezing, difficulty breathing, and symptoms similar to bronchitis and asthma.
Health worries have caused many people to flee their new Florida homes. 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.
Possible Causes of Chinese Drywall Problems
Drywall is made from gypsum, which naturally contains sulfur compounds. If the drywall was exposed to humidity at sea, the process of evaporation that occurs as the drywall dries could be responsible for the odors coming from the material. According to a report on Environmental Expert.com, the problems appear to be related to the presence of iron disulfide (FeS2 pyrite) in the material. Hydrogen sulfide (H2S), carbonyl sulfide, sulfur dioxide (SO2), and carbon disulfide (CS2) are also suspected as culprits, the Web site said.
The possibility that the Chinese drywall is emitting hydrogen sulfide fumes is disturbing. 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.
Companies Involved in Chinese Drywall Disaster
Knauf Plasterboard Tianjin Co. Ltd. of China is one manufacturer implicated so far in the dry wall disaster. Knauf has insisted that the drywall problems are confined to Florida, but our firm has become aware of similar reports coming out of Virginia Beach, Virginia. Despite health complaints, the company maintains that the rotten egg odor coming out of its drywall poses no dangers. Knauf is also insisting 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.
Lennar Corp., the nation’s second-largest builder by volume, reportedly built many Florida homes afflicted with Chinese dry wall problems. 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.
Other builders, suppliers and manufacturers are likely involved in this debacle. If you are experiencing similar problems with your home, or have information about other parties that may have had a hand in this disaster, our Chinese drywall lawyers want to hear from you.
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 Defective Chinese Drywall
Thousands of Florida homeowners could be suffering because of defective Chinese drywall. 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 the housing boom. Now, in addition to possible health threats, these homeowners must face the reality that drywall problems could lower the value of their homes, and even make them impossible to sell. Most of these homeowners were already dealing with decimated property values as a result of the recent real estate collapse in the state.
If you have been experiencing health or other problems that might be related to the Chinese drywall in your home, there is help available. Our law firm is committed to holding the parties responsible for this disaster accountable. To discuss filing a defective Chinese drywall lawsuit, fill out our online form or call 1 800 LAW INFO (1-800-529-4636) today.
Chinese Drywall Answers Click Here
10/29/09 Executive summary of October 29, 2009 Release of initial Chinese drywall studies — Click Here
National Training and Certification Conference on Chinese or Defective Drywall Click Here
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A viable solution to the Chinese drywall crisis Click Here
Conference Registration Sponsor Exhibitor Applications Click Here
Conference Announcement Click Here
Facts on Remediation of Chinese Drywall Click Here
Chinese drywall Certification coming to Orlando Click Here
BESI Membership Registration Form Click Here
Building Trend Magazine Article Click Here
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