Construction Law

North Carolina Couple Sues Over Defective Chinese Drywall

Mary and Daniel Flannigan, residents of Holly Springs, North Carolina, have spent the past few years trying to figure out what was causing the rotten egg smell in their home, and more importantly, what was causing their mysterious health problems. The Flannigan?s have joined with several other homeowners in filing a lawsuit against the builders, suppliers and manufactures of the defective Chinese drywall, which is responsible for the mysterious odor and health problems. The suit names Stafford Custom Homes of Southern Pines and states that Stafford should have been aware of the possibility of the harmful health problems and damages to the homes.

The Flannigans' case is the first legal action which has been taken in North Carolina involving Chinese drywall, but won't be the last. Countless complaints have been filed in Florida and other states against manufacturers and installers of the defective drywall. The lawsuit claims that the drywall imported from China emits a rotten-egg odor due to sulfur-based gases that cause health problems and corrodes metal fixtures and appliances in the homes.

In February, the United States Consumer Products Safety Commission launched an investigation of complaints about Chinese drywall, and dispatched toxicologists and electrical engineers to Florida in order to collect samples to determine the health and safety risks associated with the drywall. Millions of pounds of Chinese drywall have been imported into the U.S. and installed in homes in the past decade because it was inexpensive and readily available during the housing boom after hurricanes Katrina and Wilma. Members of Congress filed legislation last month asking the agency to move ahead with recalling and banning drywall manufactured in China.

You can read more on the Flannigan's story online here.

Full post as published by Construction Litigation Law Blog on May 04, 2009 (boomark / email).