Recent Blog Posts

• Update on Chinese drywall Remediation Trial in New Orleans U.S. District Court Judge Eldon E. Fallon is expected to issue a detailed ruling shortly, laying out the scope of remediation he thinks is necessary. However, during the trial, two key points were brought to everyone’s attention which presents a problem for the region's largest affected builder, Lennar: - the damage to insulated electrical wiring, and - the apparent ineffectiveness of vacuuming alone to remove residual drywall particles Lennar started remediating homes last year, stating that it knew what needed to be fixed and how they will go about fixing the problem. Initially, Lennar stated that insulated wiring within the walls of the homes were not affected, and therefore, it could snip off the exposed ends of copper wires and could use the rest. However, recent findings conclude that its not that simple. During the trial, scientists presented several cases in which insulated wiring had been damaged in homes. Lennar appears to have reached the same conclusion sometime last year, ....
• Judicial Doctrine Trumps Plain Language of NJPLA - Third Circuit Predicts Expansion of Economic Loss Rule in New Jersey Stark & Stark recently joined forces with the consumer advocacy group, Homeowners Against Deficient Dwellings (HADD), to file an amicus curiae brief urging the New Jersey Supreme Court to uphold a homeowner’s right to pursue tort remedies against manufacturers of defective building components in Dean v. Barrett Homes, Inc., 406 N.J.Super. 453, 202 (2009) cert. granted, 200 N.J. 207, 976 (2009). Oral argument was heard on January 4 of this year; a decision has yet to issue. Dean centers upon the interaction between, on the one hand, a judicial construct known as the “economic loss doctrine,” which bars the tort recovery of “purely economic loss," and, on the other, the New Jersey Product Liability Act (the “Act” or “NJPLA”), N.J.S.A. 2A:58C-1 to –7, which prescribes a statutory remedy for “harm caused by a product.” N.J.S.A. 2A:58C-1. Recently, the Third Circuit Court of Appeals had occasion to address that interaction in Travelers Indem. Co. v. Dammann & Co., Inc., --- F.3d ----, 2010 ....
• Federal Agencies Set Criteria for Chinese Drywall Diagnosis Federal agencies recently released a new set of criteria to help members and inspectors determine whether recent renovations or construction definitively has defective Chinese drywall. Calling it a "preliminary" protocol, the Consumer Product Safety Commission (CPSC) and the Housing and Urban Development Department (HUD) outlined standards for homes built from 2001-2008, for the first time acknowledging a wider range of possible homes may be affected than the earlier estimates of 2004-2007. The guidance takes into account visual signs of metal corrosion, evidence of drywall installation in the relevant time period, and the identification of other corroborating evidence or characteristics. You can read the full story online here. If you suspect your home may be built with defective Chinese drywall, contact us here for a free no obligation case review. ....
• Stark & Stark Joins HADD to Urge New Jersey Supreme Court to Uphold Homeowner Tort Remedies Against Manufacturers of Defective Building Components The law firm of Stark & Stark, P.C. has joined forces with Homeowners Against Deficient Dwellings (HADD) to file an amicus curiae (friend of the court) brief urging the New Jersey Supreme Court to allow homeowners to pursue tort remedies against manufacturers of defective building components. The case, Dean v. Barrett Homes, Inc., will mark the first time the New Jersey Supreme Court has directly addresses whether and to what extent the so-called economic loss rule, originating in the law of product liability, applies to residential construction. Stark & Stark Construction Litigation attorneys, John Randy Sawyer and Joseph D. Gumina, are representing HADD pro bono as amicus curiae in the appeal. You can read more about the case, and access a PDF copy of the brief, online at Stark & Starks New Jersey Law Blog. ....
• Stark & Stark's New Website Stark & Stark is pleased to announce the launch of its newly designed website at www.stark-stark.com. The design of the new site is intended to make it easier for visitors to access information, find attorney biographies, and research information on the many services Stark & Stark offers. The new home page offers easy access to information on individual offices, a sign-up page for industry specific newsletters and updates on the firm's active involvement in local community organizations. Please visit the new website for additional information on all of Stark & Stark's attorneys and for a full list of the services we provide. ....
• Corrosion Linked To Chinese Drywall A recent article on CBS reports that the federal government has found a "strong association" between defective Chinese drywall and corrosion of pipes and wires in homes where the drywall has been found. This confirmation supports complaints made by thousands of homeowners throughout the United States over the last year. The Consumer Product Safety Commission, along with the Environmental Protection Agency and the Centers for Disease Control and Prevention, continues to study the potential health effects, and the long-term implications of the corrosion. You can read more on this article and the CPSC’s next steps online here. If you suspect your home may be built with defective Chinese drywall, contact us here for a free no obligation case review. ....
• Chinese Drywall Manufacturer Offers to Streamline Lawsuits in Federal Court An article online this week states that Knauf Plasterboard Tianjin Co. Ltd., one of the leading defendants in a consolidated federal court lawsuit against drywall manufacturers in China, offered homeowners who sign up for he omnibus class action by December 2, 2009 and show proof that their homes were built with KPT drywall won't have to pay $15,000 to serve the company in China through the Hague Convention, according to an order issued Monday by United States District Court Judge Eldon Fallon. This offer will speed up the proceedings, reduce costs and aid in the consolidation of the disputes in federal court. You can read more on this story online here. If you suspect your home may be built with defective Chinese drywall, contact us here for a free no obligation case review. ....
• Chinese Drywall Update: Tenebaum Brings Little Relief To US After Trip to China A recent report in the Wall Street Journal details the ongoing frustrations of US homeowners who have been affected by the defective Chinese drywall epidemic. Homeowners were hopeful that Inez Tenebaum, Chair of the United States Consumer Product Safety Commission, would bring relief back to the US after a recent visit to China. Prior to the trip, Tenenbaum said she would speak to Chinese officials in an effort to gauge their willingness to help pay for the estimated $15-$25 billion dollars in damages. Though US homeowners were hopeful prior to the meeting, Tenebaum’s response to questions at a press conference in Beijing on Monday were not as hopeful, stating that she will only ask the suppliers of Chinese drywall to “do what is fair and just.” You can read the full article online here. If you suspect your home may be built with defective Chinese drywall, contact us here for a free no obligation case review. ....
• Insurance Companies Deny Claims, Drop Policies I found an article on line this week which reports that in the wake of the defective Chinese drywall epidemic, insurance Companies have started to deny claims, and even worse, refusing to renew entire policies. Thousands of homeowners nationwide have been affected by the defective building materials are now finding little assistance. Experts warn that cases in which insurers drop policies or send notices of non-renewal based on the presence of the Chinese drywall, will become rampant as insurance companies process the hundreds of claims currently in the pipeline. You can read the full story online here. If you suspect your home may be built with defective Chinese drywall, contact us here for a free no obligation case review. ....
• Chinese Drywall: The Next EIFS? Though the final number has yet to be determined, recent reports state that the total cost of damages from Chinese drywall could reach $25 billion. Most reports place the final number somewhere between $15 and $25 billion, while others state that after repairs and litigation costs, the $25 billion mark could be surpassed. What’s also unclear is the percentage of this final number that will be covered from property and casualty insurance. This means builders, suppliers and manufacturers of the defective drywall should prepare for numerous lawsuits in the near future from homeowners facing thousands of dollars in damages and repair costs. I found an article online recently which details the estimated costs associated with the Chinese drywall problem, and those who are most likely to be affected by the current litigation. You can read the full article here. If you suspect your home may be built with defective Chinese drywall, contact us here for a free no obligation case review. ....
• Chinese Drywall Found in Las Vegas A recent report states that the Chinese drywall problem has moved west. Homeowners in Las Vegas, Nevada have found instances of Chinese drywall in their homes, and have filed a class action lawsuit. The suit states that the drywall is causing health problems for homeowners in two Las Vegas neighborhoods. The suit was filed on behalf of four homeowners, and seeks class action status for all residents of the state who are suffering from health problems due to the defective drywall. The suit names subsidiaries of the Miami-based home builder, Lennar Corp., and drywall manufacturers, Georgia-Pacific Corp. of Atlanta, Georgia as defendants. Though the drywall epidemic has ravaged the east coast, reports of the drywall reaching as far west as Las Vegas will certainly cause speculation of a national drywall epidemic and will surely lead to homeowners in every state looking into whether or not their homes were constructed with Chinese drywall. If you suspect your home may be built with ....
• Tax Rebate for Homeowners With Chinese Drywall Those who have found that their homes were constructed or remodeled with defective drywall imported from China, relief may be on the way. But it may not be as easy to get as some may think. Though State and Federal government officials have been working to determine how to distribute a tax rebate to those homeowners affected by the Chinese drywall epidemic, it is not an open and shut case for those who want to receive funds. Officials are urging homeowners to keep meticulous records of any expenses incurred due to the drywall problems – such as medical bills, home renovation costs, and in some situations, relocation expenses. Tax refunds will be easier to distribute to those who have a clear outline of the financial burden this has placed on them. Also, obtaining assistance from an attorney may help expedite the situation when handling any sort of settlement or claim that may be made once the government has decided who is eligible to receive the refunds. If you suspect your home may be ....
• Consumer Products Safety Commission States Chinese Drywall is Not Radioactive After conducting tests on 21 samples of Chinese drywall, the Consumer Products Safety Commission reported that there was no presence of radioactive phosphogypsum in the drywall samples. Earlier this year reports claimed that the defective drywall imported from China was made with phosphogypsum, which contains radioactive properties. According to a statement from the CPSC, federal and state technical teams of scientists from the CPSC, Environmental Protection Agency, the Florida Health Department, Centers for Disease Control and Prevention, Agency for Toxic Substances and Disease Registry, Louisiana Department of Health and Hospitals, and Virginia Department of Health has concluded that the samples had no elevated levels of radioactivity. While this may serve as relief to those homeowners living with Chinese drywall, there are still several problems facing those homeowners. Residents in 24 states have filed a total of 1046 Chinese drywall complaints with the CPSC. The Florida health ....
• New Testing Methods Being Used to Check for Chinese Drywall Centek Laboratories, LLC has been in conversations with the Florida, Louisiana, Alabama, and North Carolina State Health Departments to discuss the laboratory’s ability to provide testing options for residents who believe their homes were built with defective Chinese drywall. Centek believes they have developed user friendly sampling equipment which will be used to analyze compounds in the air of the suspected homes which are culprits for material deterioration, odors, and illness. The United States Product Safety Commission and United States Environmental Protection Agency are also conducting studies. Centek uses Whole Air Sampling By Method TO-15 to monitor the areas believed to have been built with the defective Chinese drywall. Centek also has the capability to conduct headspace testing. In a headspace test, a sample of the drywall is placed in an air tight headspace chamber, which is then purged, extracting a sample of what gasses are being emitted from the product. If you suspect ....
• Chinese Drywall Victims Form Group, Target White House for Help Last week, Port St. Lucie homeowner, Tirzah Pestenski, called the White House and invited Presidnet Obama over so he could witness firsthand the devastating effects defective Chinese drywall has had on her home. Pestenski is part of a small group of homeowners who have begun making calls to the White House asking for assistance to the growing Chinese drywall epidemic. Pestenski and the other members of her group, are frustrated by the lack of assistance they have received from the government in response to the national drywall problem. Last week, United States Senator Bill Nelson, sent a letter to the White House requesting the President to "create a 'one-stop' federal Drywall Assistance Center" that homeowners can go to for information and resources regarding the defective drywall. You can read more on Pestenski’s story online here. If you suspect your home may be built with defective Chinese drywall, contact us here for a free no obligation case review. ....
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