If you believe your home may be contaminated by Chinese Drywall, there are steps you should take to ensure the protection of yourself and your family, both in terms of your physical health and in terms of your legal position.
Your first concern should be getting any members of your family with detectable symptoms to a doctor immediately, to make sure they have the proper care. You should give the doctor a full description of symptoms and of your suspected cause, as this can help them make educated decisions and diagnoses in relation to you or your family member. The symptoms can manifest as common difficulties like more frequent sore throats, irritated eyes, join and muscle pain, tightness of the chest, and more, are difficult to link to Chinese drywall - aside from the fact that they affect individuals who did not have these issues before living in a home that has been contaminated by this building material. If your symptoms fit that pattern, seeing a doctor and finding somewhere to stay that is not contaminated should be your two top priorities.
Once these things have both been taken care of, a number of other issues will present themselves. How will you and your family recover the damages which you have suffered because of Chinese drywall? What will happen to your home? Are your possessions safe? How can your home be fixed, if at all? And who will be responsible for the cost of these precautions?
At this point, the best thing you can do is get in touch with a qualified and knowledgeable Chinese drywall attorney. Finding an attorney with experience of entering into litigation for homeowners affected by Chinese drywall is a crucial factor in making sure that you are able to successfully negotiate for the repair of your home by the builder responsible for using faulty products.
A Chinese drywall attorney can also help you decide whether entering a class action suit made up of homeowners attempting to sue the Chinese manufacturer of the affected drywall. This is not advisable in every situation, as pursuing a foreign business entity via a class action suit can take years or longer to come to a conclusion, but in some cases Chinese Drywall attorneys may determine that this is your best option.
It is vital that you seek legal counsel before signing any agreements or negotiating with your builder to have them remove the drywall, especially if your home is under warranty. Discussing your options with an attorney who specializes in Chinese drywall cases is the best way to gain the benefit of that individual's (and their practice's) experience in working with Chinese drywall and the builders who used it during the 2004-2006 building boom.
By seeking legal advice on how best to take your Chinese drywall suit forward, you allow your attorney to coordinate with your doctors and communicate with responsible parties to make sure your family has a safe place to stay and a viable path to remuneration.
Chinese Drywall News
Judge orders drywall supplier to disclose insurance, assets
Miami-based Banner Supply Co., which sold tainted Chinese drywall to Florida homebuilders, will have to reveal the details of its insurance coverage, according to a ruling this week in Broward County court.
By TOLUSE OLORUNNIPA
A Broward County judge has ordered a Miami-based distributor of tainted Chinese drywall to fully disclose the details of its insurance policy, as well as the company's assets, to help South Florida homeowners decide whether or not to partake in a $54.5 million class action settlement.
Judge Charles Greene told representatives of Banner Supply Co. on Monday that the company would have to respond to requests made by the attorneys of Broward homeowners about the terms of its insurance coverage and company assets. A similar hearing will take place in Miami-Dade in September.
Last month, Banner agreed to a $54.5 million settlement to cover claims from affected homeowners, after a federal judge in New Orleans heard a class-action lawsuit against the distributor.
Attorneys for local homeowners have taken the legal battle to state courts, claiming that the federal settlement—which awards up to 32 percent of the total for attorneys' fees and also allows for other administrative costs—might not be a good deal for homeowners.
"The headlines read '$55 million settlement,' but that is not the reality for the homeowners," said David Durkee, who is representing several South Florida homeowners with Chinese drywall. "There are many unknown and undisclosed variables that would materially affect how much a homeowner would receive."
Durkee and attorney Victor Diaz, who were not part of the group of lawyers litigating the class-action case in federal court, have petitioned state judges for more disclosures from Banner about how much insurance coverage it has. The class-action settlement indicated that Banner has about $54.5 million worth of insurance coverage, the same amount as the settlement.
Attorneys for Banner did not respond to requests for comment. The supplier has maintained that it was only a middleman, and has recently filed a lawsuit against the German-based company that manufactured the drywall, seeking more than $100 million in damages.
In 2006, Banner bought more than 100 million square feet of drywall from the manufacturer, distributing it to Florida builders during the housing boom that followed a spate of hurricanes in 2004 and 2005. The product was later discovered to contain sulfur compounds that corroded pipes and electrical wiring, and emitted foul odors.
Homeowners with Chinese drywall supplied by Banner will have 60 days after receiving notice of the settlement to decide whether to opt in or opt out. Those who opt in will waive their right to pursue further litigation, in exchange for a cash payment yet to be determined.
The greatest wealth is health. -Virgil