Chinese Drywall Problems - Pinellas County, FL

Chinese Drywall Problems - Pinellas County

If you live in a Florida home built between 2000 and 2008, it may contain defective Chinese drywall.  Chinese drywall has been found to emit sulfur gases that fill homes with a foul odor, cause metals to corrode and inflict severe damage on air conditioning, plumbing, electrical and other household systems.  People exposed to the drywall gases have also experienced irritated eyes, respiratory problems, nose bleeds and headaches.   

Scores of product liability lawsuits have been filed across the country against manufacturers, builders and other parties in the supply.  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.  Judge Fallon is a veteran of mass litigation, and understands the urgent need to get to the bottom of the Chinese drywall problem.  As such, the Chinese drywall litigation has been put on the "fast track", and it is expected that the first trials could start before the end of the year.   

Imports of Chinese drywall to the U.S. increased during the housing boom.  At the same time, the massive rebuilding that followed Hurricane Katrina in 2005 created a drywall shortage.   It is estimated that some 550 million pounds of Chinese drywall was imported to the U.S as a result.. That means as many as 250,000 homes throughout the country could have been built with the material.  While homeowners nationwide have reported problems with Chinese-made drywall, by far the most complaints have come from Florida. 

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.  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. 

The financial damage suffered by Chinese drywall victims is severe.   They face falling property values and staggering repair bills.  Gases from the drywall may have destroyed many of their personal possessions. Because homes with Chinese drywall are often unlivable, some families have been forced to take on rent payments in addition to a mortgage, adding to their already heavy financial burden. Chinese drywall victims may be eligible to receive compensation for many of their out-of-pocket expenses, including but not limited to reimbursement for food and lodging, medical bills, pet expenses, additional commuter costs, homeowners association fees, damage to personal property, diminution in market value, inability to refinance, detriment to credit resulting from default and/or foreclosure, and loss of enjoyment.

It’s not yet clear what health problems might be associated with exposure to drywall gases.   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.  Homeowners throughout Florida and across the country are anxiously awaiting the results of further testing that should shed light on the health and other hazards that are associated with Chinese drywall gases. 

Understandably, Chinese drywall victims want their homes fixed.   Builders know this, and there is evidence that they are using this desperation to their advantage.  Homeowners in Florida have reported that some builders are employing high pressure tactics to induce Chinese drywall victims into forfeiting all of their legal rights in return for poor remediation of their homes. In most cases, the remediation agreements offered by builders contain inadequate warranty provisions, and a "Scope of Work" that, if it exists at all, is vague, ambiguous and fails to provide for a complete remediation.  Across the state, people who have had their homes remediated under these agreements have expressed dissatisfaction with both materials and workmanship.

If you have Chinese drywall in your home, it is important that you not rush into any decisions regarding remediation.  Remediation protocols have not yet been established, and cross-contamination can occur if proper precautions are not taken. Even in homes where Chinese drywall has been torn out and replaced, out gassing of sulfur compounds and other elements continues to occur.  If you are approached by a builder about remediation, it is vital that you not sign anything unless the agreement has been fully vetted by your own legal counsel.  You should also seek legal advice if you feel that you've been coerced into signing a remediation agreement that is not in your best interest.

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