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.