Archive for June, 2009

Chinese Regulators Join Drywall Probe

June 29th, 2009

A group of officials from China have arrived in the U.S. to investigate problems with drywall made in that country. According to a report on heraldtribune.com, regulators from the General Administration for Quality Supervision, Inspection and Quarantine (ASIQ) arrived in this country the week of June 15. They have met with U.S. regulators, and have visited at least two states to examine homes built with Chinese drywall.

As of last week, the U.S. Consumer Products Safety Commission (CPSC) had received more than 500 complaints from people in 19 states, as well of the District of Columbia, involving Chinese drywall. Homeowners living with the material have reported that it fills homes with a putrid, “rotten-eggs” odor and cause metals to corrode. Some have complained of sinus and respiratory problems that occur while they are in their homes. Many families have had to leave their homes, and in most instances, buildings must be gutted and the drywall replaced to fix the problem.

It is not yet clear how widespread the Chinese drywall problem is, but it is likely enormous. 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. So far, problems have been reported in Florida, Louisiana, Virginia, Alabama, Arizona, California, Georgia, Kentucky, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Tennessee, Texas, Washington, Wisconsin and Wyoming.

According to heraldtribune.com, the CPSC met with ASIQ regulators earlier this month for some technical meetings. The Chinese officials also traveled with a CPSC investigative team to observe inspections and sampling conducted by our agency in one home in Florida and two homes in Louisiana. A spokesperson for the CPSC told heraldtribune.com that discussions with the Chinese delegation were “preliminary”, and had not reached any conclusion. The discussions will continue over the coming weeks.

The CPSC is still trying to determine if the Chinese drywall poses a health or safety issue. As we reported previously, tests conducted by the Environmental Protection Agency (EPA) found sulfur and two organic compounds associated with acrylic paint in the Chinese drywall that were not present in the American wallboard. Last month at a Senate hearing on the Chinese drywall problem, an official from the Centers for Disease Control said that health complaints reported so far are similar to those found when sulfur compounds have contaminated industrial settings. However, both the EPA and CPSC have said more testing is needed to determine if fumes coming from the drywall might be causing the reported symptoms.

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CPSC Head Steps Down

June 28th, 2009

Nancy Nord, the controversial acting chair at the U.S. Consumer Product Safety Commission (CPSC) is finally stepping down. Nord will leave her post next week, but will continue on the CPSC’s board until 2012, when her term is up, reported the Bradenton Herald.

Until the Senate confirms a new chair, Thomas Moore, fellow commissioner, will handle the post, effective June 1, said the Bradenton Herald. Meanwhile, President Barack Obama nominated Inez Moore Tenenbaum, the former South Carolina Education Superintendent, as the next chair, said the Bradenton Herald. The CPSC is a three-member commission responsible to ensure the safety of a wide array of consumer products.

For some time, and certainly as far back as January 2008, the former Bush administration had been reviewing candidates to replace Nord. The CPSC, the nation’s chief product-safety regulator, had long been accused of not protecting consumers, and the three-member commission was without an appointed leader since former chairman Harold Stratton stepped down in 2006. Meanwhile, democrats in Congress demanded Nord resign for opposing provisions of a bill to allow the CPSC more authority to disclose information about product hazards and raise the maximum penalty for manufacturers failing to report problems.

Nord, a lawyer from South Dakota, joined the CPSC in 2005, becoming acting chair in 2006, said the Bradenton Herald. Earlier this year, Nord said she planned to stay on at the CPSC until her term ended in 2012. She did not provide an explanation for her choice to step down from the post, said the Bradenton Herald; however, she has long been criticized, most recently, for her handling of the Chinese-made drywall debacle.

Both Nord and the CPSC have come under 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 has 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 were 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 recent statement, 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.”

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. In addition to Tenenbaum, Obama 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.

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Chinese Drywall Forces NFL Coach From His Home

June 24th, 2009

New Orleans Saints head coach Sean Payton is among the Louisiana residents whose homes have been ruined by defective Chinese drywall. According to a report on CBSSports.com, Payton has been forced to move from his suburban New Orleans home because of the Chinese drywall.

Homeowners in more than a dozen 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.

Last 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.

According to CBSSports.com, fumes from the Chinese drywall in Payton’s Mandeville home have caused electrical devices to fail repeatedly, and have turned sterling silver jewelry black. Payton told reporters that his family has experienced five computer failures, three microwave oven panel failures, and have had an entire set of phone lines replaced. At least 80 percent of the walls in his home are made with the Chinese drywall, Payton said.

Like many other drywall victims, Payton and his family have been forced to move. In addition to paying for a rental, Payton is paying to have the Chinese drywall in his home removed and replaced. He has also sued the drywall manufacturer, the supplier and the home builder, CBSSPorts.com said.

Thousands of other Chinese drywall victims from around the country have filed similar lawsuits, hoping to recoup some of their losses. Earlier this month, the Judicial Panel on Multidistrict Litigation issued an order consolidating and transferring all pending federal lawsuits to the U.S. District Court for the Eastern District of Louisiana.

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New CPSC Head Confirmed

June 22nd, 2009

Inez Tenenbaum, a former South Caroline Education Superintendent, won the U.S. Senate confirmation to head the Consumer P Product Safety Commission (CPSC). Tenenbaum ran for the Senate in 2004 and was co-chair of President Barack Obama’s South Carolina campaign steering committee.

According to a prior 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. The CPSC has been routinely criticized for its inability to protect the American public during the two-term Bush administration, reported Reuters.

In May, President Obama nominated Tenenbaum to chair the Commission and replace the agency’s controversial acting-chair, Nancy Nord. The Obama administration also said it planned to add two more members to the CPSC’s three-member board, and increase the commission’s budget by $107 million. The increase represents a “71 percent jump from fiscal year 2007,” said Reuters. Nord opposed additional funding during her tenure, said Reuters.

Earlier this year, Nord said she planned to stay on at the CPSC until her term ended in 2012; however, both Nord and the CPSC have come under 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 has 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. Homeowners across the country have long complained that the material emits sulfur fumes that fill homes with a “rotten eggs” odor. The fumes 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 in May, 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.”
While she was being stripped of her chairmanship, Nord was not been asked by the Obama administration to give up her seat as a CPSC commissioner.

Earlier this year, and in response to the controversy regarding the recently enacted Consumer Product Safety Improvement Act, four key Congressional members wrote to President Obama requesting he ask Nord to immediately step down over what they described as Nord’s mishandling of the law’s implementation, reported USA Today, previously. Nord was a Bush appointee.

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Tax Relief Sought for Chinese Drywall Victims

June 22nd, 2009

Victims of defective Chinese drywall should get tax relief, some U.S. lawmakers say. According to a report on BradentonHerald.com, the lawmakers have asked the Internal Revenue Service (IRS) to allow homeowners to deduct Chinese drywall-related losses on their federal income-tax returns.

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.

Last 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 is proving costly for homeowners. They have had to shell out big bucks to replace things like corroded air conditioning coils, and usually the drywall has to be removed and replaced. Often homes are uninhabitable, forcing homeowners to pay for an additional rental, while they still must pay a mortgage on an empty home. According to BradentonHerald.com, the potential losses could reach into the millions of dollars.

Sen. Bill Nelson of Florida, and Sens. Mark R. Warner and Jim Webb, and Rep. Glenn Nye, all of Virginia, have written the IRS seeking some financial relief for homeowners, BradentonHerald.com said. They want the IRS to clarify if a section of the tax-code applies to damages from Chinese drywall. The section in question allows taxpayers to deduct property losses suffered as a result of an unexpected event, such as a fire or storm, BradentonHerald.com said.

“If this deduction applies, it would help alleviate our constituents’ federal tax burden during this time of crisis,” the letter said.

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Chinese Drywall Claims Deadline Extended in WCI Communities Bankruptcy

June 17th, 2009

Some people living in Chinese drywall-tainted homes built by WCI Communities will have until July 15 to file claims against the Florida-based builder. According to naplesnews.com, a federal bankruptcy judge ordered the extension, which applies to a group of about 50 homeowners, and specified several Parkland developments, including the Parkland Golf and Country Club on the Florida’s east coast.

Homeowners in at least 18 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.

Last 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.

WCI Communities is one of several Florida builders whose homes have been the subject of Chinese drywall complaints. As we reported previously, WCI – which had filed Chapter 11 bankruptcy last August – acknowledged using Chinese drywall in some of its homes three days after the Feb. 2 deadline for creditors to file claims in the bankruptcy case had passed.

The bankruptcy judge originally extended the deadline for filing proof of claims in the WCI bankruptcy to May 11, naplesnews.com said. According to the motion ordering the second extension, much of the information emerging about potential problems with the drywall came after the first February deadline, including a case definition established by the Florida Department of Health. All of the drywall claimants in the WCI case fit that definition, naplesnews.com said.

The Chinese drywall debacle has spawned scores of lawsuits across the country. On Monday, the Judicial Panel on Multidistrict Litigation issued an order consolidating federal lawsuits in a multidistrict litigation (MDL) and transferring all pending and future Chinese drywall cases to the U.S. District Court for the Eastern District of Louisiana. The order means that right now, a total of 10 suits pending in federal courts in Florida, Louisiana and Ohio will move to New Orleans. Eventually, as many as 1000 such lawsuits from across the country could be headed to New Orleans, Law.com said.

An 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.

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Chinese Drywall Lawsuits Consolidated, Will Move to New Orleans

June 16th, 2009

Chinese drywall lawsuits are moving to federal court in New Orleans. Yesterday, the Judicial Panel on Multidistrict Litigation (JPML) issued an order consolidating the lawsuits in a multidistrict litigation (MDL) and transferring all pending and future Chinese drywall cases to the U.S. District Court for the Eastern District of Louisiana.

In their order, the panel cited the experience of Judge Eldon E. Fallon, who will preside over the Chinese drywall lawsuits. Judge Fallon is a veteran of such large scale litigation, and most recently oversaw a settlement in the consolidated class action against the manufacturers of the drug Vioxx. Fallon has been on the federal bench since 1995.

As we’ve reported previously, some attorneys for Florida-based plaintiffs and defendants had argued that the cases should be transferred to federal courts in that state, as Florida was the first state to report Chinese drywall problems. It also has more complaints than any other state, with the Florida Health Department having received more than 400 reports so far. But the seven-member JPML found that Judge Fallon’s experience trumped those factors.

The order means that right now, a total of 10 suits pending in federal courts in Florida, Louisiana and Ohio will move to New Orleans. According to the New Orleans Times-Picayune, an additional lawsuit filed in Virginia could also be transferred . The Lakewood Ranch Herald is reporting that at least another 67 similar cases also could be folded into the consolidated case. Eventually, as many as 1000 such lawsuits from across the country could be headed to New Orleans, Law.com said.

An 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.

Homeowners in at least 18 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.

Last 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.

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Proposed Louisiana Chinese Drywall Bill Revised, Diverted to Committee

June 11th, 2009

A bill in the Louisiana Senate that could provide some financial relief to victims of Chinese drywall
in that state has been diverted to another committee. According to the Associated Press, the move followed revisions to some key components of the Chinese drywall bill.

Homeowners in at least 18 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. In Louisiana, many homeowners who had to be rebuild following Hurricane Katrina have discovered that the tainted drywall was used in their homes.

Last 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.

As we reported last week, the original version of the Louisiana Chinese drywall bill would have allowed homeowners to sue for 100 percent of their damages, plus attorneys fees from either the manufacturer, distributor, or seller of the contaminated drywall. Right now, Louisiana law only allows homeowners to be compensated partially by each. Critics had claimed that the litigation allowed under the proposal could bankrupt some businesses. Others asserted that it isn’t fair to sue those companies who didn’t know the materials they purchased from China were toxic.

The bill has now been rewritten to delete the litigation provisions. The new proposal calls for homeowners with the drywall to be reimbursed by the state, with tax credits for the cost of the drywall, the Associated Press said.

The original Chinese drywall bill had been approved by the Senate Judiciary committee. But because of the revisions, it has now been diverted to the Revenue and Fiscal Affairs Committee, which considers all tax bills, the Associated Press said.

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Chinese Drywall Victims Finding Homeowners Insurance Won’t Help

June 10th, 2009

Homeowners plagued by Chinese drywall are finding that their insurance policies won’t cover the damage caused by the material’s fumes. According to BradentonHerald.com, insurance companies are citing provisions in homeowners policies that exclude coverage for damages caused by pollution and construction defects.

Homeowners in at least 18 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. Some estimates say as many as 100,000 homes in the U.S. could have been built with Chinese drywall.

Last month, the Environmental Protection Agency 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.

A spokesperson with the American Insurance Association told BradentonHerald that insurance companies in many states have received claims regarding Chinese drywall damage, but could not say how many. The spokesperson also said most so far have come from states where high humidity is prevalent – such as Florida.

According to one Florida attorney handling drywall cases, insurers are rejecting claims “across the board,” BradentonHerald.com said. However, the lawyer said he still recommends that people with Chinese drywall damages file a claim with their homeowner’s insurance carrier so that the company has notice that the material is in the home.

According to BradentonHerald.com, many homeowners might have better luck if they file claims under the builder’s, drywall supplier’s or drywall manufacturer’s commercial general-liability policy. However, there is no guarantee that will work.

All of this uncertainty likely accounts for the surge in Chinese drywall lawsuits that have been filed in several states since January. According to one report, around 15,000 plaintiffs have so far joined more than 150 such lawsuits filed in state and federal courts around the country this year.

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W. Palm Beach Condo Building – The Whitney – May Have Chinese Drywall

June 9th, 2009

People living in another Florida condominium complex have been warned that their units may contain Chinese drywall. According to The Palm Beach Post, the management of The Whitney in downtown West Palm Beach has issued letters to residents letting them know that someone has been hired to inspect the building.

The Whitney management was first alerted to the possibility of Chinese drywall when the resident of one condo in the building reported the corrosion of air condition coils – one of the most prominent symptoms of the problem. Some residents also told WPBF-TV that they have been bothered by the “rotten eggs” odor that the material emits.

According to WPBF-TV, The Whitney opened in 2007, but was facing foreclosure by the lender by the end of 2008. A Scandinavian investment firm, ABG Sundal Collier, paid $24 million in cash for 141 units in February. Many of the units were offered for rent.

Homeowners in at least 18 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.

The first complaints about the smells and other problems associated with Chinese drywall were made by Florida homeowners in January. It is now becoming increasingly clear that the problem in Florida and other states is not simply confined to single family homes. The Bonita Springs law firm of Parker Waichman Alonso LLP, the first firm to file a federal class action lawsuit over Chinese drywall, has confirmed that condo owners and condo associations have called the firm looking for help with their Chinese drywall problems.

Last week, we reported that the material was discovered at the luxury Vivante condominium complex in Punta Gorda Isles, Florida. And in April, we wrote that residents of the 90-unit Magdalena Gardens in Punta Gorda, Florida had claimed that fumes from Chinese drywall had made them sick and had caused corrosion problems.

Condominium owners in other states have also complained about problems possibly related to Chinese drywall. For example, the material was the subject of complaints at the 240-unit Harbor Walk condo complex in Norfolk, VA. Condo owners there have filed a lawsuit against the complex’s developer.

Last month, the Environmental Protection Agency 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.

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Chinese Drywall Tester: “I Tell People, ‘Get Out!’ “

June 8th, 2009

The head of a company testing homes for Chinese drywall watch angel online said she usually advises families to leave if the material is found. According to Palm Beach Post, Patricia Williams, president of Environmental Toxicology Experts, made such remarks last week at the Chinese Drywall Litigation Conference in Orlando, Florida.

Homeowners in at least 18 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.

Last 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. Strontium – used in making ceramics, pyrotechnics, paint pigments, fluorescent lights and medicine – was also found at higher levels in Chinese drywall as compared to the U.S. product. The EPA said at the time that more testing is needed to determine if the compounds found in the Chinese drywall were responsible for the problems reported by homeowners.

According to heraldtribune.com, the Florida Health Department is almost finished with another round of drywall testing. Those tests are being conducted to determine what contaminants in Chinese drywall might be responsible for emitting volatile sulfur gases, including hydrogen sulfide, found as a result of other testing the department did earlier in the year. A report on the newest test results will likely be available in the coming weeks, heraldtribune.com said.

According to the Palm Beach Post, Patricia Williams was the primary speaker on health issues at last week’s two-day Chinese Drywall Litigation conference. The conference was attended by more than 200 attorneys, as well as struggling homeowners, builders, insurance companies and drywall manufacturers themselves.

Williams is in the process of conducting tests on 14 homes, and told the conference that the Chinese drywall seems to crumble more easily. This may be creating airborne particles that could cause or worsen respiratory symptoms, the Palm Beach Post said.

“This is serious stuff,” Williams told the conference, the Palm Beach Post reported. “I tell people, ‘Get out of the house.’ And now I tell them, ‘Don’t even take your furniture.’”

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Air Test Being Done on Chinese Drywall Homes

June 5th, 2009

Air testing on homes built with Chinese drywall has finally begun. According to BradentonHerald.com, officials from the Environmental Protection Agency (EPA) have already started such testing in Florida and Louisiana, and the Florida Department of Health is set to start running its own tests next week.

Homeowners in at least 18 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.

Last month, the 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. Strontium – used in making ceramics, pyrotechnics, paint pigments, fluorescent lights and medicine – was also found at higher levels in Chinese drywall as compared to the U.S. product.

What isn’t yet known is how much the fumes from the Chinese drywall impact the quality of air in homes, and how much of a health risk this poses. According to BradentonHerald.com, so far the EPA has tested three homes each in Florida and Louisiana. Two of the homes in each state were built with Chinese drywall, while one in each state contained domestically-made drywall, the report said.

The Chinese drywall problem has spurred hundreds of lawsuits, and calls for federal action to help affected homeowners. The Consumer Products Safety Commission (CPSC), in particular, has been criticized for a slow response to the drywall issue. Only recently did the agency launch an online Drywall Information Center to help homeowners keep track of the agency’s investigation. The site also has information that can help consumers determine if their homes were built with the contaminated product. Consumers can also access the site to file a drywall complaint.

The CPSC has received more than 300 complaints from homeowners in 18 states about Chinese drywall. The agency recently sent investigators to all states – with the exception of Wyoming – where the problems have been reported.

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Chinese Drywall Liability Bill Under Consideration in Louisiana

June 4th, 2009

A Chinese drywall bill currently under consideration in the Louisiana legislature would require the businesses found responsible for the drywall debacle to foot the entire bill for damages sustained by Louisiana homeowners. According to a report on wwltv.com, the Louisiana state legislature is expected to take up the Chinese drywall bill sometime this morning.

Homeowners in at least 18 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. In Louisiana, many homeowners who had to be rebuild following Hurricane Katrina have discovered that the tainted drywall was used in their homes.

Earlier this month, the Environmental Protection Agency the burbs dvd (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 wwltv.com, the Louisiana Chinese drywall bill would allow homeowners to collect 100 percent of their damages, plus attorneys fees from either the manufacturer, distributor, or seller of the contaminated drywall. Right now, state law only allows homeowners to be compensated partially by each, wwltv.com said.

The bill is supported by many homeowners in the state, as well as plaintiffs’ attorneys. But many business advocates argue because the bill is retroactive, it could push many businesses into bankruptcy. Others assert that it isn’t fair to sue those companies who didn’t know the materials they purchased from China were toxic, wwltv.com said.

But one plaintiffs’ attorney who is representing 300 people in Chinese drywall lawsuits told wwltv.com that while the Chinese companies who made the drywall share most of the responsibility for the problem, others in supply chain are liable as well.

The Chinese drywall problem has spawned scores of lawsuits in both federal and state courts around the country. Late last month, 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 in a single jurisdiction.

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Defective Chinese Drywall Used in Condos

June 3rd, 2009

Chinese drywall is turning up in condo complexes in Florida and elsewhere. According to a report in the Charlotte Sun-Herald, tainted Chinese drywall was just discovered in one building in the luxury Vivante condominium complex in Punta Gorda Isles, Florida.

Homeowners in at least 18 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.

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 first complaints about the smells and other problems associated with Chinese drywall were made by Florida homeowners in January. It is now becoming increasingly clear that the problem in Florida and other states is not simply confined to single family homes. The Bonita Springs law firm of Parker Waichman Alonso LLP, the first firm to file a federal class action lawsuit over Chinese drywall, has confirmed that condo owners and condo associations have called the firm looking for help with their Chinese drywall problems.

We’ve previously reported that Chinese drywall was the subject of complaints at the 240-unit Harbor Walk condo complex in Norfolk, VA. Condo owners there have filed a lawsuit against the complex’s developer. And in April, we reported that residents of the 90-unit Magdalena Gardens in Punta Gorda, Florida had claimed that fumes from Chinese drywall had made them sick and had caused corrosion problems.

According to the Sun-Herald, the Chinese drywall at the Vivante complex was discovered in March in Building 5 of the Boca Lago section. A spokesperson for the complex told the Sun-Herald that bout 70 percent of the units tested in Building 5 of Boca Lago had at least some of the tainted drywall. Only about 40 percent of that building’s 45 units have been tested to date. The spokesperson said that the developer of the complex believes that the Chinese drywall problem is confined to that one building because the putrid smells and other problems associated with the material have not been reported elsewhere in the complex.

The Consumer Products Safety Commission download april fool s day (CPSC) has been investigating the problems with Chinese drywall for several months. According to SunSentinal.com, the agency has so far received 365 complaints about Chinese drywall from homeowners in 18 states. The agency currently has investigators in all states – with the exception of Wyoming – where the problems have been reported.

The SunSentinal.com is also reporting that the CPSC has launched a new online Drywall Information Center to help homeowners keep track of the agency’s investigation. The site also has information that can help consumers determine if their homes were built with the contaminated product. Consumers can also access the site to file a drywall complaint.

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Use of Chinese Drywall in Virginia Hotel Project Prompts Criminal Summons

June 2nd, 2009

A Virginia developer has been issued a criminal summons by the city of Chesapeake, Virginia for using Chinese drywall in a hotel under construction. According to PilotOnline, city officials say that the Chinese drywall was used in the construction of two floors of the Comfort Inn and Suites being built in the 3300 block of S. Military Highway in Chesapeake.

Virginia is just one of at least 16 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 Virginia based company, Venture Supply, has said it imported 100,000 sheets of China-made drywall between March 2006 and December 2008. According to PilotOnline.com, drywall-related problems have been reported in Norfolk, Virginia Beach, Williamsburg and northeastern North Carolina.

The Environmental Protection Agency (EPA) recently 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.

Venture Supply sold some of the drywall for the Chesapeake Comfort Inn project, but could not say when or how much it had supplied, PilotOnline.com said. The city of Chesapeake discovered Chinese drywall was being used in the building during a March inspection. City officials told PilotOnline.com that this appears to be the first time Chinese drywall was discovered during the construction of a commercial project in the area.

On May 5, developer Dilip Patel was served with a formal notice of violation that said the Chinese drywall was not approved for use. He was given either 30 days to remove the material, or have an architect provide product testing information showing the drywall to be safe, PilotOnline.com said. The notice of violation was followed by a criminal summons for a building code violation on May 14.

According to PilotOnline, the criminal complaint could result in a misdemeanor charge if the drywall is not removed, or test results are not provided. A June 24 court date has been set in the case.

Recently we reported that both Norfolk and Virginia Beach, Virginia had passed ordinances banning the use of Chinese. However, according to PilotOnline, Chesapeake has no such ordinance. But the city is citing a letter from the Virginia Department of Housing and Community Development that informed officials they have the authority to disallow the use of non listed or non certified drywall products in its bid to force the material’s removal.

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Chinese Drywall Reportedly Emitted Odors While Homes Were Built

June 1st, 2009

A new report says some Florida construction workers are claiming that Chinese drywall was emitting foul odors while they were installing it in newly-built homes. According to The Juice blog at browardbeach.com, construction workers interviewed by attorneys representing homeowners in Chinese drywall lawsuits have also alleged that at some construction sites, steps were taken to cover-up the materials’ odor 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.

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 first complaints about the smells and other problems associated with Chinese drywall were made by Florida homeowners in January. But according to The Juice, some parties involved in the building of homes with tainted drywall knew about odor problems long before the owners moved in. Investigators working for plaintiffs’ attorneys have spoken to construction workers who allege the following:

* Some union workers refused to work with the Chinese drywall because of the severe sulfur-like smell, which they thought meant drywall was rotted and could lead to liability later.
* Some employees of developers figured out that the smell would subside after the drywall was painted, so workers were told to paint quickly in order to mask the smell.
* One builder kept drywall records in a truck “because they didn’t want it in one place.”

What investigators are still trying to determine is how high up the chain of command such alleged attempts to cover up the Chinese drywall’s odor problems may have gone. According to the Juice, it’s not known if supervisors and top management with any builders knew about the smell from the Chinese drywall.

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