Insurance Dispute Lawyer Blog

The head of the Consumer Product Safety Commission (CPSC) leaves today on a trip to Asia that will focus on notifying and warning major exporters that tough regulations regarding toys, drywall and other defective products are to come. These warnings come in the face of serious problems in American homes as toys painted with lead-based materials and Chinese drywall have led to major health concerns and a skeptical eye towards cheaply made products imported from the Far East.

The Miami Herald reports

Inez Tenenbaum, a former South Carolina public schools superintendent who was confirmed by the Senate last month to head the consumer agency, will spend nine days in Hong Kong, Singapore and Vietnam.

In an article from Florida, homeowners are complaining that even when the Chinese drywall that was so toxic and harmful to their home and goods is removed, the smell and damaging fumes remain. Even after the faulty wallboard is taken out of the home, people are complaining that wires, coils and others materials are corroding and the sulfuric smell can still be found.

This is obviously a big problem as it means that either homes will have to be vacated for extended periods of time to allow the dissipation of the gas or that a new process will be necessary for removal that may end up being much more costly. In the end, the homeowner loses even more regardless.

WINK reports about one couple who, expecting a baby in the coming months, have had their world turned upside down by this tumultuous issue:

New Orleans Saints head coach Sean Payton has Chinese drywall in his home. And he’s suing. According to the Examiner, the football coach has had a significant uphill battle to face in decorating and operating in his home, something many people in the community can likely relate to. The article notes that Payton has filed suit and that his home requires repair but who to pursue is vauge.

In an interview with CNN, Payton said about the possibly tainted drywall from China,

“We’ve had 5 computer failures, we’re on our 4th hard drive right now. We had 13 air conditioner service calls and three different coil failures. We’re on our third microwave oven panel, we’ve had to install a second set of phone lines, and a second alarm system.”

An article was recently published online that points out the difficulties homeowners with Chinese drywall face because of the dearth of information and policy to attack the faulty wallboard with. While Louisiana law does provide some manners in which litigation may move forward, there is not as much there as there could be. Previous legislation efforts proposed recently would have aided this matter.

A summation of legal angles on the matter include various different manners in which the law may be used but would require a skilled lawyer with the right case and information:

Right now, according to the Business Report, Louisiana homeowners can sue for defective drywall under the state’s Home Warranty Act. But under that law, there’s strict timetable for what is covered under warranty based on when the lawsuit is filed and when the home was built. If drywall problems were not immediately identifiable shortly after a house was built, that avenue of relief could be closed to them, the Business Report said.

In an article that further outlines why a lawyer is necessary for settling Chinese drywall matters, the Business Report recently outlined Louisiana’s battle against the faulty wallboard and the complex legal issues surrounding liability. Given that the product is imported and suppliers and contractors will claim to have been unaware as to its faultiness or toxic state, getting a resolution may be nearly impossible for most homeowners:

It’s unclear how many Louisiana residents have been affected by Chinese drywall, says Ray Kothe of Kothe Contracting and Construction Management and chairman of the National Association of Builders Chinese Drywall Taskforce. He had heard from a handful of Baton Rouge residents, but most homeowners that have been affected are in New Orleans and on the Northshore of Lake Pontchartrain.

But Louisiana homeowners with Chinese drywall might have problems proving their case without a federal- or state-sponsored measure to assume burden of proof, says David Nelson, a partner with Kean Miller who specializes in construction litigation. One such measure, authored by Sen. Julie Quinn, a Metairie Republican, and dropped during the legislative session, would have allowed homeowners to sue builders, suppliers and manufacturers for any damages related to Chinese drywall, including both replacement of drywall in the home and health-care issues that might develop.

In a more lighthearted series of news relating to Chinese drywall, video game and entertainment system fans have recently been blogging about the possibility that the faulty imported wallboard could be frying the Xbox. Recent Consumer Product Safety Commission warnings have included the following list of tell-tale signs your home is Chinese drywall built:

persistent rotten egg odor

respiratory or other symptoms alleviated by leaving a building and worsened on return

A quick little bit of news via the Naples News and the Wall Street Journal

Financially strapped homebuilder WCI Communities Inc. has agreed to create a trust fund to cover Chinese drywall claims.

The agreement is spelled out in a disclosure statement approved by a U.S. bankruptcy judge in Delaware on Friday. The approval paves the way for WCI to proceed with its reorganization plan.