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.

Water intrusion suffered by a condominium unit owner often leads to the development of mold.  Putting aside the fact that mold can negatively impact one’s health, unit owners face difficult challenges trying to repair their units because of the interplay between a “common element” and the unit owner’s responsibilities.  While common elements generally involve the unfinished perimeters of a unit, for example, condominium associations do not regularly take steps after a water intrusion event to remove drywall or to take other steps to dry out these perimeter areas (common elements or limited common elements as defined by the Declaration of Condominium).  When the Association fails to dry out the water intrusion affecting the common elements, the Association creates a positive environment for mold to develop.  As a result, if there is a water leak from a neighboring unit or from the roof of the condominium, etc., a unit owner recognizing the existence of water intrusion should immediately notify the Association.  If the Association does nothing, depending on the circumstances, then a unit owner can seek damages or injunctive relief to force the Association to maintain the common elements which it is required to do by statute.  Obviously, a unit owner wants to ensure that their unit is free from mold and if the Association does not maintain or repair the common elements following a water intrusion event, then the unit owner has the statutory right to take legal action.
 
Of course, each case must be evaluated on its own merits as each case has its own factual circumstances. 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.