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Know Your Rights: Chinese Drywall

Florida homeowners whose homes were built during the construction boom that hit our state from 2002 to 2006 have a new worry to add to concerns about fluctuating real estate prices and a depressed economy. The culprit? Imported Chinese Drywall that was utilized in the building of over thirty-six thousand homes statewide.


Due to shortages in drywall manufactured in the United States, many builders and construction companies used foreign-made, Chinese drywall in the building of their homes, and these homes (many of which are still under their original homeowners’ warranty) are now showing the effects of their substandard building materials. Today, an estimated thirty six thousand homes statewide contain Chinese drywall.

 

What does this mean for homeowners? Although the exact cause is unknown, Chinese drywall has been found in numerous homes where owners and their families are suffering from athsmatic and allergic symptoms due to the chemical compounds in the contaminated Chinese drywall.

 

If your home was built between 2002 and 2006, there is a chance you could be surrounded by Chinese Drywall. If this is the case, your homeowner’s warranty – even if it is still in play – may not be worth much. Collecting on insurance and warranties can prove difficult in even the best of times, so the current economic maelstrom has set many homeowners up for disappointment and upset.

 

Scott Schlesinger, an attorney with Sheldon J. Schlesinger, PA, explains, “We've got a perfect storm of things happening in this economy which is depriving homeowners of a lot of their options. WCI, one of the home builders that ostensibly used a great bit of this material - WCI is out of business bankrupt." This then means that homeowners who face problems with Chinese drywall may not be able to collect from their home builders or their homeowners' insurance or warranty. In a time when so many people are already struggling with their financial situation, this is an added burden which many cannot afford to deal with.

 

But what is the problem with this drywall, and why has it started to affect so many people now? The issue can be tracked to chemical compounds found within Chinese Drywall, including Strontium and elements from Latex Paint. The most noticeable element in the product is, however, the sulfur content inside them. Pieces of Chinese Drywall can tend to start smelling (Senator Bill Nelson, D-FL reports that the Chinese drywall has "A sulfur smell some describe as the smell of rotten eggs."). It can also start causing headaches and other allergic/asthmatic symptoms, with families and children complaining about these effects on their health. Additionally, over time, the sulfur reacts with metal parts such as air conditioning coils, costing homeowners even more money as they try to find ways of fixing their problems. Long term health risks are hard to pin down, but many people experience improvement once they leave the contaminated site.

 

With so many people facing financial hardship due to decreased property values and high unemployment rates, the biggest question we must face is, who will pay for the massive costs of the drywall’s removal and replacement? Homeowners are already cash strapped. Builders are passing the blame on to the Chinese manufacturers. The difficulty faced by families in trying to track down the person who they can hold responsible for fixing the issues with their homes is figuring out who can be held accountable.

 

As a homeowner, it’s important to realize that you do have legal options to pursue. The first order of business for anyone whose home is contaminated by Chinese Drywall is getting together to discuss the situation with their neighbors.

 

Schlesinger explains, "Each individual person's claim may not be enough to justify the costs and expenses of litigation." However, Schlesinger sees the possibility of an effective resolution being found through a group dynamic. By entering into litigation alongside neighbors whose homes may have been affected by the same builder and supplies, homeowners can "look to your home insurance, you're going to look to the builders if they're still solvent, you’re going to look to the manufacturers of the materials if they used inappropriate or defective parts."

 

For those who have been caught in the web of contaminated Chinese drywall issues and who face homes in need of costly drywall replacement procedure, this advice can only come as a help.



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Reports are indicating Chinese drywall emits a sulfur compound that corrodes wiring, air conditioning coils and other metals and may cause health problems from chronic exposure.
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