Construction Law

Judge Rules in Favor of Homeowners in Chinese Drywall Case

U.S. District Court Judge Eldon Fallon in the first "bellwether" trial in the Multidistrict Litigation proceedings for homes containing Chinese drywall ruled that the defective drywall attacks and severely damages copper and silver components of homes where the drywall is installed. The ruling also states that in order to correct the problem, the drywall, wiring, plumbing, air conditioning equipment (including ductwork), and interior finish components such as trim, flooring, cabinetry, and carpeting must be removed and replaced. In homes where Chinese drywall is mixed with non-corrosive U.S.-made drywall, the judge ruled, all drywall from whatever source must be stripped, and all wiring, plumbing, and air conditioning systems throughout the house must be replaced.

The ruling came from the case, Germano, et al. v. Taishan Gypsum Co. Ltd., et al., which pits seven Virginia homeowners against the Chinese government-owned manufacturer Taishan Gypsum. In the published ruling, the judge walks through a point-by-point description of the damage the drywall has caused and explains why the only appropriate remedy is to completely remove and replace the affected building materials. The court rejected all suggestions by drywall manufacturer Knauf Tianjin, appearing on behalf of the absent Taishan Gypsum, that the problem might be solved by removing only certain pieces of drywall or by cleaning copper components rather than replacing them.

You can read the judge?s filing online here.

If you suspect your home may be built with defective Chinese drywall, contact us here for a free no obligation case review.

Full post as published by Construction Litigation Law Blog on April 21, 2010 (boomark / email).