Archive for May, 2009

Chinese Drywall Lawsuits May be Consolidated in Federal Court in Fort Myers, FL

May 29th, 2009

Chinese drywall lawsuits from around the country may be consolidated in a single jurisdiction. Some plaintiffs’ attorneys, as well as some defendants, are advocating that the Chinese drywall lawsuits be consolidated and transferred to the U.S. District Court for the Middle District of Florida, Fort Myers Division, which is located in the epicenter of the Chinese drywall problem.

Homeowners in at least 16 states have complained that fumes from Chinese-made drywall produce a “rotten eggs” odor and cause metals, such as air conditioning coils, to corrode. The fumes have also been associated with respiratory and sinus problems in some residents. According to a recent Wall Street Journal article, the U.S. imported roughly 309 million square feet of drywall from China during the housing boom from 2004 to 2007. While the first complaints about the material came from Florida, homeowners in many other states – including Virginia, Mississippi, Louisiana and North Carolina – have reported problems.

Earlier this month, the Environmental Protection Agency (EPA) released results of tests it conducted that compared Chinese drywall to American-made material. The tests found sulfur and two organic compounds associated with acrylic paint in the Chinese drywall that were not present in the American wallboard. The agency said more testing is needed to determine if any of the compounds found in the Chinese drywall are responsible for problems reported by homeowners.

The Chinese drywall problem has spawned scores of lawsuits in both federal and state courts. Parker Waichman Alonso LLP, a law firm in Bonita Springs, Florida filed the first federal class action on behalf of drywall victims in January.

Earlier this week, the Judicial Panel on Multidistrict Litigation (JPML) in Louisville, KY heard oral arguments requesting that all pending Chinese drywall cases filed around the country be consolidated and transferred to one jurisdiction. Parker Waichman Alonso LLP was among those who argued that the U.S. District Court for the Middle District of Florida, Fort Myers Division was the appropriate jurisdiction for the drywall litigation. According to attorney Jordan Chaikin, the firm favors this venue because Southwest Florida was the site of the first Chinese drywall complaints.

According to Chaikin, some of the main domestic defendants involved in the Chinese drywall litigation – namely U.S Gypsum and L&W Supply Co. – support Parker Waichman Alonso LLP’s choice of forum in the Middle District of Florida. A Transfer Order from the Panel is expected by mid-June.

The Judicial Panel on Multidistrict Litigation of the United States Courts was created in 1968. Since then, it has consolidated hundreds of thousands of lawsuits that involved high numbers of plaintiffs, including litigation over asbestos, breast implants and other matters. A multidistrict litigation (MDL) allows all cases to be coordinated under one judge for pretrial litigation to avoid duplicative discovery, inconsistent rulings and to conserve the resources of the parties, witnesses and the court. When lawsuits are consolidated as an MDL each retains its own identity. If the MDL process does not resolve the cases, they are transferred back to the court where they originated for trial.

  • Share/Bookmark

CPSC to Test Chinese Drywall in Virginia

May 26th, 2009

Federal regulators will soon be headed to Virginia to investigate the state’s Chinese drywall problem. According to WVEC.com, the Consumer Products Safety Commission (CPSC) is expected to be in the state in “a week or so” to test homes with Chinese drywall.

Virginia is just one of several states where homeowners have complained about Chinese drywall that fills homes with a putrid, “rotten-eggs” odor, causes metals to corrode, and leads to sinus and respiratory problems in people living with the material. The CPSC has been in Florida – where such reports first originated – testing drywall, but has not reached any conclusions about the health hazards posed by the wallboard. However, at a Senate hearing last week, CPSC download adulthood online toxicologist Lori Saltzman said that people living with the Chinese drywall in 16 states where problems had been reported did have common health symptoms. She also said that some CPSC investigators had experienced similar symptoms when visiting affected homes in Florida.

Several days before the Senate hearing, the Environmental Protection Agency (EPA) released results of tests it conducted that compared Chinese drywall to American-made material. The tests found sulfur and two organic compounds associated with acrylic paint in the Chinese drywall that were not present in the American wallboard. The agency said more testing is needed to determine if any of the compounds found in the Chinese drywall are responsible for problems reported by homeowners.

According to a recent Wall Street Journal article, the U.S. imported roughly 309 million square feet of drywall from China during the housing boom from 2004 to 2007. In Virginia, the construction supply firm Venture Supply has said it imported 100,000 sheets of China-made drywall between March 2006 and December 2008. According to a lawsuit filed by a group of Hampton Roads homeowners, some of that drywall made it into the 240-unit Harbor Walk condo complex in Norfolk.

One builder in Virginia, The Dragas Companies, has acknowledged some of the homes it built have been the subject of drywall complaints. As we’ve reported previously, the firm is inspecting nearly every home it built in The Hampshires at Greenbrier in Chesapeake and in Cromwell Park in Virginia Beach. Dragas is also paying to fix homes with imported drywall and helping residents relocate for a few months while the work is being done.

Last week’s Senate hearing was attended by Senator Mark Warner (D-VA). Though not a member of the subcommittee that convened the hearing, he was permitted to ask questions. According to hamptonroads.com, the Senator urged officials to publish information for homeowners on how to deal with the drywall while legal and regulatory agencies work on a resolution.

Warner also voiced concerns that the Chinese drywall problem could turn out to be much worse than first thought. “I fear that we’re just at the tip of an iceberg of what could be a… national disaster, that is both a health care disaster and for many families is going to be a financial disaster,” Warner said.

  • Share/Bookmark

Senate Chinese Drywall Hearing Yields Few Answers

May 22nd, 2009

Lawmakers on a Senate subcommittee got to hear first-hand yesterday about problems associated with defective Chinese drywall. Officials from federal agencies, including the Consumer Products Safety Commission (CPSC), as well as homeowners who are dealing with Chinese drywall in their homes, were among those who testified at the Senate’s first-ever hearing about the growing, national problem. Unfortunately, what senators heard often raised more questions than answers.

Homeowners in several states have complained that fumes from Chinese-made drywall produce a “rotten eggs” odor and cause metals, such as air conditioning coils, to corrode. The fumes have also been associated with respiratory and sinus problems in some residents. According to a recent Wall Street Journal article, the U.S. imported roughly 309 million square feet of drywall from China during the housing boom from 2004 to 2007. While the first complaints about the material came from Florida, homeowners in many other states – including Virginia, Mississippi, Louisiana and North Carolina – have reported problems.

Earlier this week, the Environmental Protection Agency (EPA) released results of tests it conducted that compared Chinese drywall to American-made material. The tests found sulfur and two organic compounds associated with acrylic paint in the Chinese drywall that were not present in the American wallboard. The agency said more testing is needed to determine if any of the compounds found in the Chinese drywall are responsible for problems reported by homeowners.

The CPSC has been in Florida testing homes with Chinese drywall. But Lori Saltzman, a toxicologist with the CPSC, told senators that the agency has few answers as of yet. According to heraldtribune.com, she said that people living with Chinese drywall in 16 states where problems had been reported had common health symptoms. She also said that some CPSC investigators had experienced similar symptoms when visiting affected homes in Florida. But the only advice Saltzman could offer these homeowners was to “consult with their physicians”, heraldtribune.com said.

Saltzman also told senators that the CPSC was still trying to establish its overall testing protocol, and would have teams in Florida and Louisiana next month to do so. A delegation from China will also be coming to the States as part of the investigation, Saltzman said. She added that her team is also planning to go to China.

Dr. Michael McGeehin, with the Centers for Disease Control’s (CDC) National Center for Environmental Health, testified that the nose bleeds, sinus and respiratory problems, and other symptoms reported by homeowners could be the result of the compounds in the drywall. According to heraldtribune.com, McGeehin said such symptoms are similar to those found when sulfur compounds have contaminated industrial settings.

Several homeowners also testified, according to heraldtribune.com. Richard Kampf of Cape Coral, Florida said his family did not have time to wait for answers. He said he and his family can’t afford to leave their home if doing so means they must pay both rent and mortgage.

Some senators on the Subcommittee for Consumer Protection, Product Safety and Insurance were clearly not happy with the lack of answers from federal officials, according to the South Florida Business Journal. “We’ve got to figure out what in the world these people are gonna do,” Sen. Bill Nelson (D-Florida) said. “They can’t afford rent and paying the mortgage if they are still living in the house.”

  • Share/Bookmark

Virginia Community Bans Chinese Drywall

May 21st, 2009

Potentially-toxic Chinese drywall may no longer be used in Norfolk, Virginia under an ordinance approved by City Council. According to a report on WVEC.com, the Norfolk Chinese drywall ordinance is the first such ban approved in the U.S. Homeowners in several states have complained that Chinese-made drywall produces a “rotten eggs” odor and cause metals, such as air conditioning coils, to corrode. The fumes have also been associated with respiratory and sinus problems in some residents. According to a recent Wall Street Journal article, the U.S. imported roughly 309 million square feet of drywall from China during the housing boom from 2004 to 2007.

Just yesterday, the Environmental Protection Agency (EPA) released results of tests it conducted that compared Chinese drywall to American-made material. The tests found sulfur and two organic compounds associated with acrylic paint in the Chinese drywall that were not present in the American wallboard. The agency said more testing is needed to determine if any of the compounds found in the Chinese drywall are responsible for problems reported by homeowners.

As we’ve reported previously, dozens of people in Virginia have complained about problems with Chinese drywall. Venture Supply, a construction supply firm based in Norfolk, has acknowledged importing 100,000 sheets of China-made drywall between March 2006 and December 2008. One builder in Virginia, The Dragas Companies, has said some of the homes it built have been the subject of drywall complaints. Residents of the 240-unit Harbor Walk condo complex in Hampton Roads have also reported problems.

The vote in Norfolk City Council to ban the use of Chinese drywall was unanimous. According to the Associated Press, the ordinance requires contractors to certify that they are not using drywall made in China. If they don’t, they will be denied a building permit.

The ban is being imposed to protect homeowners from contractors or builders who may knowingly use or sell a product that might not be safe.

The Chinese drywall problem has sparked action on a number of fronts. Thousands of homeowners have filed lawsuits against the material’s manufacturers and others. In the U.S. Congress, several measures have been proposed that would provide aid to affected homeowners. And today, a Senate subcommittee is scheduled to begin a hearing on the issue.

  • Share/Bookmark

Chinese Drywall Samples Contain Sulfur, Acrylic Paint Compounds, EPA Says

May 20th, 2009

Tests on two small samples of Chinese drywall performed by the Environmental Protection Agency (EPA) detected three suspicious compounds in the samples. These included sulfur and two organic compounds associated with acrylic paint. Similar compounds were not found in four samples of American-made drywall, the EPA said.

Homeowners in several states have complained that Chinese-made drywall produces a “rotten eggs” odor and cause metals, such as air conditioning coils, to corrode. The fumes have also been associated with respiratory and sinus problems in some residents. According to a recent Wall Street Journal article, the U.S. imported roughly 309 million square feet of drywall from China during the housing boom from 2004 to 2007. While the first Chinese drywall complaints came from homeowners in Florida, it has become clear that the problem is a national one. Reports of defective Chinese drywall have now been recorded in Virginia, North Carolina, Louisiana, Alabama and Mississippi.

The Chinese drywall samples used for the EPA tests were obtained from a Florida home. The domestic samples come from stores in New Jersey. According to the EPA, its analysis of the material found sulfur at 83 parts per millions (ppm) and 119 ppm in the Chinese drywall samples. Sulfur was not detected in the four US-manufactured drywall samples.

The EPA also said its analysis detected two types propanoic acids in the Chinese samples, organic compounds usually found in acrylic paint. Again, these were not present in the American wallboard.

The EPA also found the following in both American and Chinese drywall samples:

Strontium was detected at 2,570 ppm and 2,670 ppm in the Chinese drywall samples. Strontium was detected in the US-manufactured drywall at 244 ppm to 1,130 ppm. Strontium compounds are used in making ceramics, pyrotechnics, paint pigments, fluorescent lights and medicine.

Iron concentrations of 1,390 ppm and 1,630 ppm were detected in the Chinese drywall samples and in the range of 841 ppm to 3,210 ppm for the US manufactured drywall samples. Additional drywall samples will be tested to determine whether the iron is present as oxide, sulfide or sulfate, the EPA said.

The EPA said further testing is needed to determine whether any of the substances identified in Chinese drywall can be conclusively linked to damage seen in houses with the material and whether they are dangerous to humans. The EPA said it would continue to work with other state and federal agencies to respond to the drywall issue.

In a press release issued yesterday, Senator Bill Nelson (D-FL) responded to the EPA’s findings. “We now know there are three things in there that aren’t in other drywall samples,” Nelson said in the release. “We’ve got the what, and now we need the why and how do we fix it? In the end, I think all this stuff is going to have to be ripped out.” Nelson said he and Sen. Mary Landrieu (D-LA) will file an amendment to pending legislation to provide emergency funds for further investigation and continued testing.

Nelson sits on the Senate Subcommittee on Consumer Protection, Product Safety and Insurance, which has scheduled a hearing on Chinese drywall for tomorrow morning. In addition to officials from several federal agencies, Nelson has been trying to line up affected homeowners to give first-hand accounts about their Chinese drywall ordeals.

  • Share/Bookmark

VA Lawmaker Visits Abandoned Chinese Drywall Home, Promises Action

May 18th, 2009

Virginia homeowners plagued by defective Chinese drywall received a visit from U.S. Representative Glenn Nye, D-Norfolk, on Saturday. According to pilotonline.com, Nye met with about two dozen such homeowners after touring a residence that one family recently vacated because of Chinese drywall.

Chinese drywall reportedly emits sulfur fumes that produce a “rotten eggs” odor and cause metals, such as air conditioning coils, to corrode. The fumes have also been associated with respiratory and sinus problems in some residents.

According to a recent Wall Street Journal article, the U.S. imported roughly 309 million square feet of drywall from China during the housing boom from 2004 to 2007. While the first Chinese drywall complaints came from homeowners in Florida, it has become clear that the problem is a national one. Reports of defective Chinese drywall have now been recorded in Virginia, North Carolina, Louisiana, Alabama and Mississippi.

In Virginia, the construction supply firm Venture Supply has said it imported 100,000 sheets of China-made drywall between March 2006 and December 2008. According to a lawsuit filed by a group of Hampton Roads homeowners, some of that drywall made it into the 240-unit Harbor Walk condo complex in Norfolk.

One builder in Virginia, The Dragas Companies, has acknowledged some of the homes it built have been the subject of drywall complaints. As we’ve reported previously, the firm is inspecting nearly every home it built in The Hampshires at Greenbrier in Chesapeake and in Cromwell Park in Virginia Beach. Dragas is also paying to fix homes with imported drywall and helping residents relocate for a few months while the work is being done.

The reports of problems in Virginia were behind Nye’s toured of the Nguyen family home on Saturday. The family of five has been living in a trailer parked in the driveway of their home for the past month. According to pilotonline.com, the family abandoned the home on the advice of their doctor after experiencing health problems that they blame on tainted Chinese drywall.

The homeowners told Nye that since moving into their borrowed trailer, their children have recovered from nose bleeds and other ailments. During the tour, Nye saw first hand how metals in the home have corroded, ostensibly because of the fumes coming from the drywall.

Like many homeowners, the Nguyens filed a lawsuit last week over the tainted drywall, but know it could be years before it is resolved. According to pilotonline.com, the Nguyens told Nye that they simply can’t wait that long.

Following his visit with the Nguyens, Nye met with about two dozen other homeowners dealing with similar problems. According to WVEC.com, they urged him to pass legislation to roll back taxes on their possibly contaminated homes, put their mortgages on hold, and stop the importation of Chinese drywall.

According to pilotonline.com, Nye promised to work in Congress to find a way to help homeowners affected by Chinese drywall. “Obviously it’s a serious problem when you can’t live in your home,” Nye said. “This is a problem we’ve got to get on top of.”

The Chinese drywall debacle has caught the attention of many other lawmakers in the U.S. Congress. Legislation has been introduced in both the House and Senate that would provide some relief to affected homeowners. A Senate subcommittee has also scheduled a hearing on the drywall problems for Thursday.

  • Share/Bookmark

First Chinese Drywall Hearing Slated for Senate Next Week

May 15th, 2009

A Senate subcommittee will take up the growing Chinese drywall problem during a hearing next week. According to the South Florida Business Journal, next Thursday’s proceeding before the Consumer Protection, Product Safety and Insurance subcommittee will be the first such hearing in Congress.

According to a recent Wall Street Journal article, the U.S. imported roughly 309 million square feet of drywall from China during the housing boom from 2004 to 2007. The material reportedly emits sulfur fumes that produce a “rotten eggs” odor and cause metals, such as air conditioning coils, to corrode. The fumes have also been associated with respiratory and sinus problems in some residents. In some homes, the drywall problems have been so severe that families have had to move, and some builders have begun gutting and replacing drywall in the buildings.

While the first Chinese drywall complaints came from homeowners in Florida, it has become clear that the problem is a national one. Reports of defective Chinese drywall have now been recorded in Virginia, North Carolina, Louisiana, Alabama and Mississippi. It seems the warm, humid climate in the south encourages the drywall to emit sulfur fumes. Some experts fear that in cooler, dryer areas of the country, it could be years before Chinese drywall problems finally surface.

According to the South Florida Business Journal, the Senate hearing will focus on the health and product safety issues posed by the drywall. HeraldTribune.com reported that Sen. Bill Nelson (D-FL), who has criticized the Consumer Products Safety Commission’s watch breakfast at tiffany s online (CPSC) response to the drywall debacle, sits on the subcommittee. While the witness list is still being put together, HeraldTribune.com said officials from the CPSC, Environmental Protection Agency, Centers for Disease Control, and the Florida Department of Health could testify. Nelson is also trying to line up affected homeowners to appear.

In Florida alone, where the health department has received more than 300 drywall complaints, at least 150 lawsuits involving 15,000 plaintiffs have been filed in federal courts in that state. Claims have also been filed in other states. Homeowners are worried that the defective drywall will devalue their homes, and they are especially worried about the health consequences of the drywall. As we reported last week, plaintiffs around the country are waiting to see if the lawsuits will be consolidated into a Multidistrict Litigation.

  • Share/Bookmark

Florida Chinese Drywall Lawsuits Number 150

May 11th, 2009

A new report says 15,000 Floridians have joined 150 lawsuits over tainted Chinese drywall. According to a report on news-press.com, some legal experts believe more than 75,000 lawsuits could be filed nationwide over the defective Chinese drywall.

According to a recent Wall Street Journal article, the U.S. imported roughly 309 million square feet of drywall from China during the housing boom from 2004 to 2007. The material reportedly emits sulfur fumes that produce a “rotten eggs” odor and cause metals, such as air conditioning coils, to corrode. The fumes have also been associated with respiratory and sinus problems in some residents. In some homes, the drywall problems have been so severe that families have had to move, and some builders have begun gutting and replacing drywall in the buildings.

While the first Chinese drywall complaints came from homeowners in Florida, it has become clear that the problem is a national one. Reports of defective Chinese drywall have now been recorded in Virginia, North Carolina, Louisiana, Alabama and Mississippi. Homeowners in these states have also joined Chinese drywall lawsuits.

Unfortunately, there are still a lot of unanswered questions about the drywall – especially regarding the health consequences of the fumes emitted from the material. The Florida Health Department, which has received scores of complaints about defective Chinese drywall, is expected to release new information on its health affects on May 21.

In Florida alone, 150 different Chinese drywall lawsuits have been filed in Federal Court. These include at least 15 class actions that each represent 100 to several hundred homeowners. According to news-press.com, the U.S. Judicial Panel on Multidistrict Litigation Solution will hold a hearing later this month to determine whether all Chinese drywall lawsuits nationwide should be consolidated in one court with one judge.

The Judicial Panel on Multidistrict Litigation of the United States Courts was created in 1968. Since then, it has consolidated hundreds of thousands of lawsuits that involved high numbers of plaintiffs, including litigation over asbestos, breast implants and other matters.

Multidistrict Litigation is not the same as a class action lawsuit. Each case in a Multidistrict Litigation retains its own identity. If the Multidistrict Litigation process does not resolve the cases, they are transferred back to the court where they originated for trial.

  • Share/Bookmark

Chinese Drywall Legislation Passes House

May 8th, 2009

Legislation addressing the nationwide Chinese drywall problem has been passed in the U.S. House of Representatives. According to heraldtribune.com, the law -an amendment to the “Mortgage Reform and Anti-Predatory Lending Act”- calls for an immediate investigation of the Chinese drywall issue.

This marks the first time a law related to Chinese drywall has passed in Congress. The measure must still pass the Senate.

According to a recent Wall Street Journal article, the U.S. imported roughly 309 million square feet of drywall from China during the housing boom from 2004 to 2007. The material reportedly emits sulfur fumes that produce a “rotten eggs” odor and cause metals, such as air conditioning coils, to corrode. The fumes have also been associated with respiratory and sinus problems in some residents. In some homes, the drywall problems have been so severe that families have had to move, and some builders have begun gutting and replacing drywall in the buildings.

While the first Chinese drywall complaints came from homeowners in Florida, it has become clear that the problem is a national one. Reports of defective Chinese drywall have now been recorded in Virginia, North Carolina, Louisiana, Alabama and Mississippi. It seems the warm, humid climate in the south encourages the drywall to emit sulfur fumes. Some experts fear that in cooler, dryer areas of the country, it could be years before Chinese drywall problems finally surface.

The amendment to the House mortgage bill was proposed by Rep. Robert Wexler, D-Boca Raton, and Mario Diaz-Balart, R-Miami, heraldtribune.com said. The law would require the U.S. Department of Housing and Urban Development, along with the Treasury Department, to study the problem and report their findings and recommendations within 120 days. The probe would focus on how many home foreclosures involve houses built or remodeled using Chinese drywall. Finally, federal agencies would also have to determine if property insurance was available to homes discovered to have such defective drywall present.

As we reported previously, a team from the Consumer Products Safety Commission (CPSC) has been in Florida trying to determine if the fumes coming from Chinese drywall pose a health risk. The CPSC is also seeking $2 million in additional funding for its drywall probe.

  • Share/Bookmark

Chinese Drywall Forces Florida Family to Flee $1.2 Million Dream Home

May 7th, 2009

A Florida family says their doctor told them to leave their million-dollar dream home because it is infested with toxic Chinese drywall. According to a CNN report, the family blames a year’s worth of upper respiratory infections, bloody noses and other problems on the defective Chinese drywall.

Chinese drywall reportedly emits sulfur fumes that produce a “rotten eggs” odor and cause metals, such as air conditioning coils, to corrode. The fumes have also been associated with respiratory and sinus problems in some residents. In some homes, the drywall problems have been so severe that families have had to move, and some builders have begun gutting and replacing drywall in the buildings.

According to a recent Wall Street Journal article, the U.S. imported roughly 309 million square feet of drywall from China during the housing boom from 2004 to 2007. In Florida alone, the state health department has received more than 300 complaints about the material.

While the first Chinese drywall complaints came from homeowners in Florida, it has become clear that the problem is a national one. Reports of defective Chinese drywall have now been recorded in Virginia, North Carolina, Louisiana, Alabama and Mississippi. It seems the warm, humid climate in the south encourages the drywall to emit sulfur fumes. Some experts fear that in cooler, dryer areas of the country, it could be years before Chinese drywall problems finally surface.

According to CNN, the Massachi family was just told by their doctor to abandon their $1.2 million estate in Parkland, Florida, northwest of Fort Lauderdale. The home was built only 18 months ago.

“I said, ‘you can’t stay there anymore, because you’re sick every minute,’” Dr. Ross Nochimson, told CNN. “They’re sick on a weekly basis. Earaches, sore throat. I give them something, and they’re sick again.” According to Dr. Nochimson, the family rarely suffered such health problems before moving into their home.

According to CNN, the Massachi home is filled with the putrid, rotten eggs odor associated with Chinese drywall. Electrical outlets, copper wiring and other metals in the home are black with corrosion.

In addition to their health problems, the Massachi’s are suffering financially because of the Chinese drywall, CNN said. Moving out means taking on a monthly rent payment, in addition to their mortgage. Their lender has so far refused to suspend mortgage payments until the house can be made livable again.

Homeowner Amy Massachi is also concerned that the drywall has decimated the value of her home. “It’s worth nothing,” she told CNN. “It’s exclusive. It’s pricey, and now it’s worth nothing.”

  • Share/Bookmark

Obama Names New CPSC Commissioner

May 6th, 2009

The Consumer Products Safety Commission (CPSC) will soon have a new leader. President Obama has named Inez Moore Tenenbaum to chair the commission. She will replace the agency’s controversial acting-chair, Nancy Nord.

In addition to naming a new chair, the Obama administration says it plans to add two more members to the CPSC’s three-member board, and increase the commission’s budget by $107 million.

Earlier this year, Nord had said she planned to stay on at the CPSC until her term ended in 2012. But both she and the CPSC have come in for intense criticism during her term. Critics – including members of both parties in Congress – have faulted the CPSC for failing to strictly enforce product safety laws, especially those relating to lead content in children’s toys. Over the past couple of years, lax enforcement of such laws have been highlighted by scandals involving lead tainted toys and other defective imports from China. Some have criticized Nord and her board for being too close to the companies they regulate.

Recently, Nord and the CPSC have been taken to task for the agency’s slow response to the growing Chinese drywall problem. For months now, homeowners across the country have complained that the material emits sulfur fumes that fill homes with a “rotten eggs” odor. The fumes from the drywall have also been linked to corroding metals in many of the homes, and people living with the material have reported sinus and respiratory problems. Many residents have had to leave their homes because the Chinese drywall has made them unlivable, and some builders are scrambling to gut homes and replace the drywall.

Florida Senator Bill Nelson, whose state has been hardest hit by the Chinese drywall problem, has repeatedly called for Nord to step down because of the agency’s slow response to the drywall issue.

In a statement issued Tuesday, Nelson said he was pleased with the decision to replace Nord: “For too long consumers have been ignored by a board that’s been too cozy with industry.”

Tenenbaum is a former South Carolina Education Superintendent who ran for the Senate in 2004. She was also co-chair of Obama’s South Carolina campaign steering committee. According to a UPI report, at the end of her tenure as Education Superintendent, the journal Education Week ranked South Carolina first in the country for the quality of its academic standards, assessment and accountability systems.

In addition to Tenenbaum, Obama has also named Robert S. Adler as a CPSC commissioner. Adler, a law professor at the University of North Carolina and once an attorney-adviser to two commissioners at the CPSC, was elected six times to the board of directors of Consumers Union, UPI said.

While she is being stripped of her chairmanship, Nord has not been asked by the Obama administration to give up her seat as a CPSC commissioner.

  • Share/Bookmark

Virginia Chinese Drywall Lawsuit Names Venture Supply, Harbor Walk Development

May 5th, 2009

A group of homeowners in Virginia has filed a lawsuit over defective Chinese drywall in their homes. According to pilotonline.com, the lawsuit is seeking more than $5 million in damages from various defendants, including Venture Supply and Harbor Walk Development LLC, the builder of the 240-unit Harbor Walk condo complex in Norfolk.

Chinese drywall reportedly emits sulfur fumes that produce a “rotten eggs” odor and cause metals, such as air conditioning coils, to corrode. The fumes have also been associated with respiratory and sinus problems in some residents. In some homes, the drywall problems have been so severe that families have had to move, and some builders have begun gutting and replacing drywall in the buildings.

According to a recent Wall Street Journal article, the U.S. imported roughly 309 million square feet of drywall from China during the housing boom from 2004 to 2007. While the first Chinese drywall complaints came from homeowners in Florida, it has become clear that the problem is a national one. Reports of defective Chinese drywall have now been recorded in Virginia, North Carolina, Louisiana, Alabama and Mississippi. It seems the warm, humid climate in the south encourages the drywall to emit sulfur fumes. Some experts fear that in cooler, dryer areas of the country, it could be years before Chinese drywall problems finally surface.

The Virginia lawsuit, which was filed by 5 Hampton Roads homeowners, claims the defendants were negligent for selling the drywall and not warning homeowners and customers that it was defective, pilotonline.com said. The complaint was filed in Norfolk’s U.S. District Court, and is seeking class action status.

Defendant Venture Supply has said it imported 100,000 sheets of China-made drywall between March 2006 and December 2008. That would be enough for about 240 homes.

In addition to naming Venture and Harbor Walk as defendants, the Virginia Chinese drywall lawsuit is seeking damages from Shandong Taihe Dong-xin Co. Ltd, a Chinese company that has been connected to defective drywall in Florida. The Porter-Blaine Corp., a contractor affiliated with Venture, is also named.

Meanwhile, one builder in Virginia, The Dragas Companies, has acknowledged some of the homes it built have been the subject of drywall complaints. As we’ve reported previously, the firm is inspecting nearly every home it built in The Hampshires at Greenbrier in Chesapeake and in Cromwell Park in Virginia Beach. Dragas is also paying to fix homes with imported drywall and helping residents relocate for a few months while the work is being done.

According to pilotonline.com, Dragas is involved in a federal court dispute with its insurance company over who should pay for Chinese drywall fixes.

  • Share/Bookmark

Federal Chinese Drywall Probe Revving Up

May 4th, 2009

Problems with defective Chinese drywall have prompted the Consumer Products Safety Commission (CPSC) to ask for emergency funds from Congress. According to palmbeachpost.com, the funds will be used for expenses related to the CPSC’s Chinese drywall probe.

Chinese drywall has been causing problems in newer homes across the country. The material reportedly emits sulfur fumes that fill homes with a “rotten eggs” odor. The fumes from the drywall have also been linked to corroding metals in many of the homes, and people living with the material have reported sinus and respiratory problems. Many residents have had to leave their homes because the Chinese drywall has made them unlivable, and some builders are scrambling to gut homes and replace the drywall.

Florida was the first state to report such problems with Chinese drywall. But over the past several months, it has become clear that the issue is a national one. Homeowners in other states, including Mississippi, Louisiana, Alabama, Virginia and North Carolina, have reported the odor, corrosion and health problems related to Chinese drywall. According to the Associated Press, the U.S. imported roughly 5 million square feet of drywall from China during the housing boom from 2004 to 2008. Estimates indicate the drywall may be in more than 100,000 homes.

As we reported previously, a team from the CPSC has been in Florida trying to determine if the fumes coming from Chinese drywall pose a health risk. At a congressional briefing last month, agency officials said the testing strategy consists of two parts: chamber and elemental testing to determine what products are contained in the drywall, and then in-house air sampling. The chamber testing is being conducted now, and results could be available in about two months.

The CPSC is seeking $2 million in additional funding for its drywall probe. That money will be spent on an automated response system and Web site dedicated to drywall, additional testing, drywall-related travel to China and U.S. gypsum plants and fire protection evaluations, palmbeachpost.com said.

According to the palmbeachpost.com, the CPSC has received more than 180 complaints from residents in 13 states and the District of Columbia of health problems or corrosion of metal components believed to be related to Chinese drywall. The agency has investigative teams in all but one of those states.

In addition to testing Chinese drywall, the CPSC is working with customs officials to monitor shipments of Chinese-made drywall, and speaking with officials in China to understand the origins of the problem, palmbeachpost.com said.

While the CPSC is taking the lead role in the federal Chinese drywall probe, other agencies are involved. In a letter to Florida Governor Charlie Crist, Environmental Protection Agency administrator Lisa Jackson said the agency’s environmental response team in Edison, N.J., is now analyzing samples of defective drywall found in Florida homes and comparing it to product samples of domestically manufactured drywall. A work group also has been established to develop an indoor sampling plan to find out what homes are affected by defective drywall contamination. That sampling plan should be in place by the end of June, the letter said.

Other agencies involved in the federal drywall investigation include the Agency for Toxic Substances and Disease Registry and the National Institute for Occupational Safety and Health. Health departments in the affected states are also working with the feds.

  • Share/Bookmark