Will you provide me with a written scope of work? If the scope of work is less than the
protocol set forth by Judge Fallon in the Multi District Litigation ask your contractor why.
Do you have insurance, what kind and how much? It is important to determine the type of
coverage necessary to cover the risks involved. What about the subcontractors?
Will you preserve evidence? You may want to consider hiring a third party to preserve evidence if
you have a pending claim or intend to file one in the future.
And most importantly, will you provide me with a warranty? Ask your contractor about a
warranty.
QUESTIONS TO ASK YOUR CONTRACTOR |
Copyright © 2008. Chinese Drywall Marketing, LLC. All rights reserved. *The materials on this site are for informational purposes only and are not guaranteed to be correct, complete or up to date. The information on this site does not constitute engineering, legal, medical or any other professional advice, and is not intended to create a professional relationship including, but not limited to, an attorney-client relationship. The hiring of any professional including, but not limited to, an attorney is an important decision that should not be based solely upon this website or any advertisement. Before you decide to hire a professional, ask for information regarding his/her qualifications and experience. Chinese Drywall Marketing, LLC does not endorse or support any product or organization linked to this website, nor is Chinese Drywall Marketing, LLC responsible for the content of any website promoted in or ad published on this website. |
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| WELCOME TO CHINESEDRYWALL.COM |
The first website dedicated to educating the public about Chinese drywall
On April 3, 2010, the Consumer Product Safety Commission ("CPSC")
released Interim Remediation Guidance for Homes with Problem Drywall
recommending that homeowners remove and replace “all possible problem
drywall”; all fire safety alarm devices (including smoke alarms and carbon
monoxide alarms); all electrical components and wiring (insulated and
uninsulated), including outlets, switches and circuit breakers); and all gas
service piping and fire suppression sprinkler systems. Click here for full
reports and studies.
Homeowners need to understand that this is not a remediation protocol - it
is an interim guidance. There are many items that were not addressed by
the CPSC which may need to be replaced, such as air conditioners, but do
not necessarily impact health and safety and, thus, no recommendations
were made by the CPSC. On April 8, 2010, Judge Fallon, who presides over
the Multi District Litigation ("MDL"), issued Facts and Findings from the
first Chinese drywall trial, Germano v. Taishan, finding as follows:
* Replacement of all drywall in the home;
* Replacement of all electrical wiring (insulated and uninsulated);
* Replacement of all copper pipes;
* Replacement of the entire HVAC system;
* Replacement of most appliances (particularly refrigerators);
* Replacement of electronics, such as TVs and computers;
* Replacement of all carpeting;
* Replacement of hardwood and vinyl flooring;
* Replacement of tile floor unless it can be protected during remediation;
* Replacement of cabinets, countertops, trim, molding and baseboards;
* Replacement of all bathroom fixtures;
* After removal of all drywall, properties must be cleaned with HEPA
vacuum, wet-wiped or power-washed, and aired out for 15-30 days; and
* Property must be certified by an independent engineering company to
certify that the remediated home is safe.
Judge Fallon's ruling governs only the parties to the Germano lawsuit,
however, it will likely be persuasive in other cases and assist those
homeowners who are remediating on their own.
Note, Judge Fallon's ruling did not specifically address cross contamination
of personal property (such as mattresses and other porous materials).
According to the Florida Department of Health, based on reports from
occupants and preliminary test results, corrosive gasses from the drywall
may be absorbed and re-emitted from porous materials such as drywall and
fabrics. It is uncertain whether this will affect materials such as concrete
and lumber. The effectiveness of cleaning these materials is currently
unknown.
For those of you living in condominiums, there are special considerations,
including the fact that remediation is typically prohibited without your
association's approval. Check your condo docs. Further, remediation of
one unit (especially if not properly done) may affect other units and the
community as a whole. Units that do not contain Chinese drywall could
exhibit some effects caused by sulfur gasses from adjacent units. .
BEFORE UNDERTAKING ANY REMEDIATION, PLEASE CONSULT AN
ATTORNEY - YOU COULD BE IMPACTING YOUR LEGAL RIGHTS AND
DESTROYING EVIDENCE NECESSARY TO PURSUE A CLAIM. See
Preservation of Evidence Order.
released Interim Remediation Guidance for Homes with Problem Drywall
recommending that homeowners remove and replace “all possible problem
drywall”; all fire safety alarm devices (including smoke alarms and carbon
monoxide alarms); all electrical components and wiring (insulated and
uninsulated), including outlets, switches and circuit breakers); and all gas
service piping and fire suppression sprinkler systems. Click here for full
reports and studies.
Homeowners need to understand that this is not a remediation protocol - it
is an interim guidance. There are many items that were not addressed by
the CPSC which may need to be replaced, such as air conditioners, but do
not necessarily impact health and safety and, thus, no recommendations
were made by the CPSC. On April 8, 2010, Judge Fallon, who presides over
the Multi District Litigation ("MDL"), issued Facts and Findings from the
first Chinese drywall trial, Germano v. Taishan, finding as follows:
* Replacement of all drywall in the home;
* Replacement of all electrical wiring (insulated and uninsulated);
* Replacement of all copper pipes;
* Replacement of the entire HVAC system;
* Replacement of most appliances (particularly refrigerators);
* Replacement of electronics, such as TVs and computers;
* Replacement of all carpeting;
* Replacement of hardwood and vinyl flooring;
* Replacement of tile floor unless it can be protected during remediation;
* Replacement of cabinets, countertops, trim, molding and baseboards;
* Replacement of all bathroom fixtures;
* After removal of all drywall, properties must be cleaned with HEPA
vacuum, wet-wiped or power-washed, and aired out for 15-30 days; and
* Property must be certified by an independent engineering company to
certify that the remediated home is safe.
Judge Fallon's ruling governs only the parties to the Germano lawsuit,
however, it will likely be persuasive in other cases and assist those
homeowners who are remediating on their own.
Note, Judge Fallon's ruling did not specifically address cross contamination
of personal property (such as mattresses and other porous materials).
According to the Florida Department of Health, based on reports from
occupants and preliminary test results, corrosive gasses from the drywall
may be absorbed and re-emitted from porous materials such as drywall and
fabrics. It is uncertain whether this will affect materials such as concrete
and lumber. The effectiveness of cleaning these materials is currently
unknown.
For those of you living in condominiums, there are special considerations,
including the fact that remediation is typically prohibited without your
association's approval. Check your condo docs. Further, remediation of
one unit (especially if not properly done) may affect other units and the
community as a whole. Units that do not contain Chinese drywall could
exhibit some effects caused by sulfur gasses from adjacent units. .
BEFORE UNDERTAKING ANY REMEDIATION, PLEASE CONSULT AN
ATTORNEY - YOU COULD BE IMPACTING YOUR LEGAL RIGHTS AND
DESTROYING EVIDENCE NECESSARY TO PURSUE A CLAIM. See
Preservation of Evidence Order.
| HOW DO I REMEDIATE MY HOME? |
BEFORE YOU REMEDIATE YOUR HOME, PLEASE CONTACT AN ATTORNEY TO DISCUSS PUTTING YOUR BUILDER ON NOTICE BEFORE COMMENCING REPAIRS YOU MUST ALSO PRESERVE EVIDENCE IN ORDER TO PURSUE A CLAIM AGAINST THE DRYWALL MANUFACTURER. CLICK HERE |
| Providing Essential Knowledge & Skills |
| Certification for Chinese Drywall Inspection & Remediation |
| 877-688-BESI www.BESinstitute.org |