Blog

  • Chinese drywall brings attorneys together in Florida

    In an effort to share ideas and strategies on the Chinese drywall issue, lawyers from across the country are meeting in Florida to discuss this matter. Aaron Kessler of the Herald Tribune reports

    Attorneys from all sides of the tainted Chinese drywall issue descended Thursday on Orlando for a two-day conference dedicated to the growing problem — now apparently international — and the lawsuits stemming from it.

    The conference, sponsored by HarrisMartin Publishing, drew more than 200 attorneys — bringing together everyone from those representing struggling homeowners to builders and insurance companies to drywall manufacturers themselves. High-powered class action lawyers traded jibes with their counterparts on the defense side — some good-hearted, some not so gentle — and all wondered just how the drywall issue would ultimately get resolved.

    The conference came as four U.S. senators on the powerful Appropriations Committee, including its chairman, sent the U.S. Consumer Product Safety Commission a letter directing it to use $2 million from its budget to move forward with immediate testing aimed at determining the root of the problem once and for all — something the CPSC has said it was already planning to do. Federal investigators have been on the ground in recent weeks, including at a Lakewood Ranch home, and this week they stepped up further testing conducted at homes in Florida.

    While cynics might think this is an effort for lawyers to share how they are going to extend the issue in the court room or how to make this situation make them money, it’s also important to see that finding common ground amongst the different sides of this issue can greatly increase the chances of settlement and reasonable cooperation. By familiarizing themselves with the circumstances, hopefully these attorneys will be able to work together outside of the courtroom to make sure both sides of the matter get what can be considered fair.

  • Prepare for Hurricane Season

    This weekend is as good a time as any to prepare your family, home, business and/or property for hurricane season. Our blog has featured various tips on how to be ready in the event of a hurricane and what steps you can take to insure you are on solid footing in the aftermath of a storm.

    Simply go to the Storm and Hurricane tips section of this blog to find out more information.

  • Louisiana legislation opening door for Chinese drywall lawsuits

    In a move intended to open the door for home and property owners to use the judicial system to remedy damages incurred by the use of Chinese drywall in their recent constructions or renovations, the Louisiana legislature is opening up the avenues for lawsuits against those who brought the faulty wallboard to the state.

    In an article featured by the AP, the state legislature’s efforts are detailed as residents begin to move forward and past this building disaster

    Chinese drywall products that some people blame for health problems, unpleasant odors and material damage in homes where it is used is the subject of legislation coming up for debate in the Louisiana Senate.

    A bill by Sen. Julie Quinn of Metairie would allow homeowners who unwittingly used such materials in their houses to sue the makers, distributors and sellers of the material for damages and attorney fees.

    The Senate is scheduled to take up the bill Thursday morning.

    Several federal and state agencies, including the Centers for Disease Control and Prevention, are investigating complaints that Chinese drywall is causing health problems. There also are reports that fumes from the drywall corrode metal and cause a rotten-egg stench in homes.

    Any sort of movement of shifting the burden away from homeowners and onto those individuals or organizations responsible for cutting corners and bringing faulty materials into the United States is very important. We’ll continue to monitor this situation as it moves through the legislative channels.

  • The structural harm of Chinese Drywall

    While much to do has been made of the potential health problems associated with exposure to Chinese drywall, experts have begun looking into the issues caused by the use of these materials. Gary Rosen, Ph.D., has tendered a study on Chinese drywall that exposes the structural side of these building materials and certain items are worth noting. His Q&A regarding Chinese drywall answers several questions about the wallboard and exposes problems that might not be immediately considered.

    First, the identification of Chinese drywall can help home or property owners in their pursuit of answers. According to Rosen, “All US drywall has special markings on the edge tape. If there is no writing on the edge tape indicating an American brand, or the edge tape is generic looking either clear/milky plastic, or plain white paper this would rule out American drywall.” As such, because of the specific labeling of U.S. drywall, that wallboard that stands out as without these elements should be looked into further. One brand of problematic drywall, Knauf brand, has the name ‘KNAUF’ stamped on the back. It is important to note, however, that NOT all Chinese drywall is considered problematic but, rather, has been ISO approved, such as the BNBM drywall from Beijing.

    Because of the variance that has been found in the test results of drywall considered problematic, Rosen avoids declaring Chinese wallboard a public health hazard just yet but focuses, instead, on the danger and dilemma created by the use of the material in construction. While he remains inconclusive on just how damaging the drywall may be to electrical fixtures and metal elements, Rosen, on the topic of replacing ‘good,’ non-harmful drywall used around the Chinese drywall, does state “no doubt removal of the drywall and replacement with new is the best approach.”

    Again, avoiding the potential health issues associated, the author directly approaches the structural problems created by Chinese drywall:

    Q. Does the Chinese drywall weaken over time as some people claim?

    A. The reactions that cause the release of the sulfur gases also appear to be weakening the Chinese drywall.

    We believe that the Chinese drywall has problems not only in regard to giving off sulfur gas (pollution) but, as a result of this weakening, it also has structural problems: Does not meet accepted standards of quality for building materials (construction defects.)

    It is known that problem Chinese drywall has a significant amount of pyrite (with is composed of iron and sulfur). And it has been known throughout the centuries that stone/rock used for building must be free of pyrite because in weathering, pyrite deteriorates and would release corrosive iron sulfates that discolor and destroy stone. The same appears to be true for [drywall].

    We believe that due to its continually weakening state, Chinese drywall material on ceilings will eventually collapse. Testing is underway to quantify the extent that Chinese drywall is weakening.

    For more information from Gary Rosen, Ph.D., regarding Chinese drywall or mold issues at large, visit his website at www.mold-free.org.

  • Poll indicates Gulf Coast residents STILL not hurricane-ready

    In a report by Fox News, most coastal residents are not prepared for hurricane season.

    Many Americans who live in Gulf and Atlantic Coast states are not prepared for an active 2009 hurricane season, despite being slammed last year, a new Mason-Dixon poll found.

    More than half those surveyed, 66 percent, said they don’t have a hurricane survival kit and 62 percent said they don’t feel vulnerable to a hurricane or related tornado or flooding.

    A majority of them, 83 percent, said they haven’t done anything in the past year to make their houses more hurricane-resistant, according to the poll.

    While the last fact, that more preparation has not been undertaken since last year, may be a bit misleading as many residents of the Gulf Coast took extraordinary measures in the wake of Katrina to be ready, these numbers are still troubling. Storm and Hurricane preparation and informational tips are available within this blog and residents of Louisiana, Florida, Alabama, Texas and other states are urged to become vigilant in keeping up in their preparations. Check your insurance information to see if it covers any new developments or additions to your home or property and, again, follow some of these tips. The time is most definitely well spent as the storm season approaches.

  • Hurricane Season Has Begun

    Today, according to the Atlantic Oceanographic and Meteorological Laboratory, marks the beginning of hurricane season.

    The Atlantic hurricane season is officially from 1 June to 30 November. There is nothing magical in these dates, and hurricanes have occurred outside of these six months, but these dates were selected to encompass over 97% of tropical activity. June 1st has been the traditional start of the Atlantic hurricane season for decades. However, the end date has been slowly shifted outward, from October 31st to November 15th until its current date of November 30th.

    Now, before it’s too late, make sure your insurance premiums are up to date, your coverage is what you wanted and your home plan on emergency preparation is ready. For more information on how to be prepared for storms and hurricanes, check out our blog posts that go over a variety of ways to be prepared in the event of a disaster or tropical storm.

  • Chinese drywall tests indicate the obvious: toxic materials apparent

    In a test report produced by the EPA, gases and materials toxic to humans were found within the Chinese drywall tested

    The EPA did announce earlier in the week that samples of Chinese drywall contained elevated levels of sulfur, strontium, and organic material, reports the Miami Herald. This confirms the results of testing already conducted for the State of Florida at an independent Illinois laboratory, as noted by Coastal Connection on April 15th.

    This test demonstrates that the federal government is now fully knowledgeable of the issues involved and that the pre-cursor test done in April has been verified. If you have or believe there to be Chinese drywall in your home, contact your builder and the Berniard Law Firm immediately to have experts handle your case properly. Delays in doing so can only be detrimental to your health and case and it is inherently important you utilize experts like those used by the Berniard Law Firm to handle your Chinese drywall case.

  • Acting chair steps down over Chinese Drywall gaffe

    In some absolutely non-shocking news, the chair of the Consumer Safety Commission has stepped down in the wake of the Chinese Drywall disaster.

    Nancy Nord, the acting chair of the Consumer Product Safety Commission who has been blasted in recent months for her handling of the tainted Chinese drywall issue, will be handing over the reins to fellow commissioner Thomas Moore next week.

    Moore will take over as acting head on June 1 until a new chair can be confirmed by the Senate. In a statement, Nord said she plans to keep her position as commissioner until the end of her term in 2012.

    On May 5, President Barack Obama announced his plan to nominate former South Carolina Education Superintendent Inez Moore Tenenbaum as commission chair, and to increase the number of commissioners from 3 to 5.

    Progress is progress – let’s hope this means Washington will take this issue as seriously as it portends and rectify this situation while enacting measures to prevent something like it from happening again.

  • Louisiana moving forward in insurance legislation

    The Louisiana senate move forward with changes for Citizens insurance that will hopefully help home and property owners with their coverage and recovery in the event of a hurricane or natural disaster. NOLA.com reports:

    The state-run insurer of last resort should have new guidelines to set rates and possibly slow the increase in premiums to homeowners, the Senate decided today.

    Approved 30-2, Senate Bill 130 by Sen. Troy Hebert, D-Jeanerette, goes to the House Insurance Committee for more debate.
    Hebert said if the bill had been in effect this year, the average 7 percent rate increase imposed May 1 by the Louisiana Citizens Property Insurance Corp., would have been about 3.2 percent.

    Hebert’s bill would require the reworking of the formula Citizens uses in setting rates. Under existing law, Citizens cannot charge competitive rates with private insurance companies in an area. It must add a 10 percent surcharge on top of the highest rate charged by private insurers in a parish.

    With Louisiana, and any legislature in general, any progress is good progress. Hopefully rates will fall progressively with this new measure as coverage and damages require a full, multi-lateral effort amongst all involved.

  • Legislation to block import of faulty building material

    The U.S. government has stepped forward to bring the law up to pace with protecting homeowners from unknown dangers from contractors.

    U.S. Congressman Bart Stupak (D-Mich.), has introduced legislation to block the import of substandard building materials. Consumers in Florida and elsewhere complained of allergy-like symptoms apparently resulting from a sulfur compound wafting from Chinese drywall in their homes.

    “Americans expect structural building materials to be safe and effective,” Stupak said. “Industry testing and recent media accounts indicate much of the building materials pouring into the United States from overseas, particularly from China, are unsafe and unreliable.”

    Stupak’s bill also addresses concerns about substandard steel from China. In April 2008 the Congressional Steel Caucus held a hearing on the steel questioned and determined that U.S. Customs inspectors do not have the authority to reject inferior steel and cannot ensure that it will not end up in U.S. infrastructure.

    Again a solid step forward for protection against faulty imported materials is inherently necessary and proof the government is taking this issue seriously and learning lessons for the future.