Our office continues to get many inquiries concerning Chinese drywall.   As most homes have drywall throughout the premises, the potential construction defect claims for the use of this material can be staggering.  In order to determine whether a home has been constructed with the Chinese drywall, the homeowner needs to find out the identity of the manufacturer.  If it all possible, it makes sense to remove some drywall from an un-noticeable area to determine the ‘s identity (unless, of course, the homeowner already knows who the manufacturer is).  (It is important to replace and seal the drywall that was removed once the manufacturer can be identified.)  Drywall from The Knauf Group, Banner Supply and Rothchilt International, Ltd., have been linked to the sulfuric-smelling problem drywalls in homes.  If the removed drywall references any of these manufacturers, the homeowner may face the prospect of needing to replace a substantial amount of drywall (perhaps all of the drywall in a home).  As explained elsewhere in this blog, a homeowner would need to go through the Chapter 558 process before seeking legal redress from the general contractor or subcontractor.  Either way, if a homeowner believes that they may be exposed to the Chinese drywall, it is better to be proactive then to take a “wait and see” approach.

This article does not constitute legal advice or the formation of an attorney-client relationship, and is not for re-publication without express permission of the author.

Recently, there has been a tremendous amount of news concerning the use of drywall originating in China.   Specifically, drywall manufactured by The Knauf Group, Banner Supply and Rothchilt International, Ltd., have all been accused of selling/distributing drywall containing “fly ash” which can emit a sulfuric-type smell.  Under Florida law, claims for defective construction materials such as the “fly ash” drywall may be  required to go through the Chapter 558 presuit construction defect statutes prior to filing suit against the manufacturer, seller and/or builder/subcontractor.   Because drywall is often used throughout a home, the extent of the “fly ash” contamination may be significant.  Claims for defective materials like the fly ash” drywall must be analyzed on a case-by-case basis to determine whether the presuit construction defect statutes apply as there may be some exceptions (notably personal injury) to the process.

This article does not constitute legal advice or the formation of an attorney-client relationship, and is not for re-publication without express permission of the author.