Friday, April 1, 2011

Florida Judge Rules in Plaintiffs' Favor Against Builders in Chinese Drywall Suit

Judge Glenn Kelley of the 15th Judicial Circuit in Palm Beach County, Fla., said that builders and installers can only be held liable for “negligence” in faulty drywall cases if they had actual or implied notice of a defect in the Chinese manufactured drywall at the time of construction. Plaintiffs must prove that the builders and others should have known the drywall was defective.

While the ruling affects only Palm Beach County, Plaintiffs hope it will sway court decisions being made across Florida and the country, particularly in the MDL out of New Orleans, which consolidated federal drywall cases brought by thousands of aggrieved homeowners.

During the devastating hurricane seasons of 2004-2005 combined with the large home construction boom, drywall, which is gypsum pressed between paper and used in walls and ceilings, was imported from China to fill a domestic shortage. A growing number of homeowners complain of egg-like odors and corrosion that tarnishes metals and causes appliances such as air conditioners to fail. The government recommends consumers remove any possibly faulty drywall.

While several court settlements and decisions have been reached, the role and liability of home-building companies and the distributors of the drywall  remain unclear. Last year, Knauf Plasterboard Tianjin, one of the biggest suppliers of the problematic wallboard, along with suppliers and commercial liability insurers, agreed to remove and replace drywall they made and sold, as well as all electrical wiring, gas tubing and appliances, at 300 homes in four states. That pilot program is still being implemented, but not quick enough for the homeowners.

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