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Construction Law

Construction Litigation Law Blog Construction Litigation Law Blog

From the Construction Litigation Group at Stark & Stark

Post Frequency: 1.1/day

Last Entry: November 22, 2010 at 16:37:28

Recent Entries: 105

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Common Problems Associated With Roofs

Posted on July 16, 2009
Donald B. Brenner, Chair of Stark & Stark?s Construction Litigation group, interviewed Ron Wright, Chief Operating Officer of R.V. Buric Construction Consultants in a four-part video series. In this fourth and final installment, Mr. Brenner and Mr. Wright discuss the common problems associated with roofs...


Radioactive Chinese Drywall In U.S. Homes

Posted on July 15, 2009
I recently read an interesting article on The Consumerist discussing the recent defective Chinese drywall problem in the United States. According to the Consumerist, the US government believes that radioactive industrial waste from China is responsible for the recent sulfur stench associated with defective drywall imported from China in hundreds of Florida homes...


Common Problems Associated With Decks and Balconies

Posted on July 14, 2009
Donald B. Brenner, Chair of Stark & Stark?s Construction Litigation group, interviewed Ron Wright, Chief Operating Officer of R.V. Buric Construction Consultants in a four-part video series. In this third installment, Mr. Brenner and Mr. Wright discuss the common problems associated with decks and balconies in construction projects...


Exterior Insulation Finish Systems

Posted on July 09, 2009
Donald B. Brenner, Chair of Stark & Stark?s Construction Litigation group, interviewed Ron Wright, Chief Operating Officer of R.V. Buric Construction Consultants in a four-part video series. In this second installment, Mr. Brenner and Mr. Wright discuss exterior insulation finish systems (EIFS)...


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Chinese Drywall Found in Bahamas

Posted on July 07, 2009
The Chinese drywall problem affecting United States homeowners has been reported in the Bahamas. After thousands of homes were condemned in the U.S., Stephen Wrinkle, President of the Bahamian Contractor Association, is calling for inspections of the materials which are slated to be used in the construction of the Bahamian national stadium...


Transition Analysis for Condominium Associations

Posted on July 06, 2009
Don Brenner, Chair of Stark & Stark?s Construction Litigation group, interviewed Ron Wright, Chief Operating Officer of R.V. Buric Construction Consultants in a four-part video series. In this first installment, Mr. Brenner and Mr. Wright discuss transition analysis for condominium associations and how building forensic investigations are conducted...


Chinese Regulators Meet with Consumer Products & Safety Commission to Discuss Chinese Drywall Problem

Posted on June 30, 2009
As of last week, the Consumer Products Safety Commission (CPSC) stated that they had received more than 500 reports from homeowners in 19 states and the District of Columbia who believe their home was constructed with defective Chinese drywall. Due to the increasing number of US homeowners affected by the defective building product, officials from China?s General Administration for Quality Supervision, Inspection and Quarantine (ASIQ) office arrived in the US June 15, 2009 in order to investigate the reported problems with drywall made in their country...


Overview of Chinese Drywall Problem in the United States

Posted on June 29, 2009
I recently found an article online entitled, US senators call for Chinese drywall probe. This article is one of the best articles I?ve found recently discussing the Chinese drywall problem. The article includes an overview of the problem, an explanation of what Chinese drywall is and why it is causing so many problems for United States homeowners, and the status of pending litigation claims in the US...


U.S. Senators Ask IRS to Make Chinese Drywall Repairs Tax Deductible

Posted on June 23, 2009
Three United States Senators from Florida and Virginia have appealed to the Internal Revenue Service (IRS) requesting that the costs incurred to homeowners affected by Chinese Drywall be deductible for federal tax purposes. In a letter sent Tuesday June 16, 2009, the Senators ask the IRS to include Chinese Drywall in the list of ?unexpected events? which are currently listed as deductible under section 165(h) of the tax code...


Florida Attorney General Warns Homeowners of Chinese Drywall Scams

Posted on June 22, 2009
Florida Attorney General, Bill McCollum, issued a consumer advisory warning to homeowners in Florida who have been affected by Chinese Drywall alerting them of scams related to the defective drywall situation. The Attorney General?s office has received two reports of scams related to the Chinese drywall problem...


Nominee for Head of the Consumer Product Safety Commission Faces Chinese Drywall Questioning

Posted on June 17, 2009
Inez M. Tenenbaum, President Obama?s nominee for head of the Consumer Product Safety Commission, faced questions yesterday regarding the nationwide concern over defective Chinese drywall during her U.S. Senate confirmation hearing. Tenenbaum appeared before the Senate Committee on Commerce, Science, and Transportation and although she made no references as to the specific steps she would take to remedy the problem, she did promise that if she was selected to head the Commission, she would work tirelessly to find a resolution to the Chinese drywall issue...


Judicial Panel on Multidistrict Litigation Sends Chinese Drywall Cases To New Orleans For Pre-Trial Work

Posted on June 16, 2009
Yesterday, the Judicial Panel on Multidistrict Litigation transferred 10 Chinese drywall cases to the U.S. District Court for the Eastern District of Louisiana for coordinated pretrial proceedings. The JPML said it would treat dozens of additional cases as potential ad-ons...


Stark & Stark Shareholder Presents Seminar on Transition, Building Defects and Alternative Dispute Resolution

Posted on June 12, 2009
Donald B. Brenner, Shareholder and Chair of Stark & Stark's Construction Litigation Group, presented materials related to minimizing acrimony and conflict while preserving an Association's rights with respect to construction defects and/or repairs, in conjunction with David J...


New Tests Conducted in Florida to Determine Which Chemicals Are Used in Chinese Drywall

Posted on June 10, 2009
Last Thursday the Florida Department of Health completed another round of drywall testing aimed at determining which chemicals in Chinese drywall are responsible for emitting the sulfur gases. Earlier tests conducted on Florida homes this past March found hydrogen sulfide, carbon disulfide and carbonyl sulfide coming from several Chinese drywall samples taken from the homes...


Louisiana Senator Proposes Chinese Drywall Bill Allowing Homeowners to Collect From Drywall Manufacturers, Distributors and Suppliers

Posted on June 09, 2009
Louisiana Senator, Julie Quinn, has introduced a bill which would allow homeowners in Louisiana to sue manufacturers, distributors, and suppliers for damages incurred by the defective Chinese Drywall used to build their homes. Senator Quinn?s proposed legislation would allow Louisiana residents to collect 100% of the damages they have incurred due to the defective drywall, in addition to attorneys fees, from the manufacturer, distributor, or seller of the contaminated drywall...


Possible Solution to Remedy Effects of Chinese Drywall Being Tested in Florida

Posted on June 08, 2009
A duplex in Fort Myers, Florida underwent tests last Friday to see if pumping chlorine dioxide into homes containing Chinese drywall will reverse the effects of the gasses emitted by the defective drywall. The theory behind the test is that bacteria in the paper of Chinese drywall react with the gypsum core to emit a sulfuric gas which is responsible for corroding air-conditioning coils and other metals in homes...


Are US Companies Selling Contaminated Chinese Manufactured Drywall Under Their Name?

Posted on June 04, 2009
At the Chinese Drywall conference I am attending in Florida, Daniel Becnel Jr. an attorney from Louisiana is presenting information on the potential health effects of prolonged exposure to Chinese Drywall. In his experience working with affected homeowners, some common medical complaints include nose bleeding, headaches, nausea, sinus and/or allergy related issues, difficulty breathing and chemical coughs...


Plaintiff?s Legal Theories Concerning Chinese Drywall Claims

Posted on June 04, 2009
The pending Chinese Drywall cases that have been filed are mostly class actions in Federal court. There are currently 70 + cases pending nationally. The damage claims most commonly sought in these actions are property, personal injury and medical monitoring...


Timeline of Chinese Drywall

Posted on June 04, 2009
2006 - 2007 Homeowner complaints of "rotten egg" smell November 2006 CTEH (Center for Toxicology and Environmental Health) air sampling report prepared for Knauf June 2008 Florida Department of Health receives its first call of sulfur odors in homes August 2008 Inquires about sulfur odors and copper corrosion EPA considers gypsum as possible source, but not viewed as widespread September 2008 Environ investigates homes for Lennar October 2008 Florida Department of Health hires state toxicologist (Dr...


Chinese Drywall - The Problem

Posted on June 04, 2009
I am in Florida at the first ever Chinese Drywall Litigation conference and will be live blogging the event. Scott Weinstein, managing partner of Morgan and Morgan (Ft. Meyers Florida) opened today?s seminar and provided a history of the Chinese drywall problem...


Norfolk, Virginia Bans Use of Chinese Drywall

Posted on May 21, 2009
After a unanimous vote of 8-0 at this past Tuesday?s City Council meeting, it is now illegal to use Chinese drywall when building or renovating in Norfolk, Virginia. Contractors are now required to certify that they will not use Chinese drywall in any future construction projects...


EPA Tests Confirm: Chinese Drywall Contains Toxic Chemicals US Drywall Does Not

Posted on May 20, 2009
The Environmental Protection Agency released new information from recent tests conducted on the materials used in Chinese Drywall. The EPA reports that drywall produced in China contains sulfur, and two other organic compounds which are generally used in the production of acrylic paint...


Chinese Drywall in Virginia

Posted on May 19, 2009
An article I recently found online discusses the battle a Virginia woman has fought after discovering the home she lived in for the past three years was built with defective Chinese drywall. Michelle Germano of Norfolk, Virginia has lost more than her home...


New Jersey Appellate Division Resurrects Deceased Contributory Negligence Doctrine: Consumer?s Pre-Purchase Notice of Product Defect Bars PLA Recovery of ?Other Property? Damage Inflicted After Purchase

Posted on May 18, 2009
Contributory negligence is the common-law construct whereby any negligence by a plaintiff acts as a total bar to recovery against a negligent tortfeasor. The contributory negligence doctrine has been uniformly criticized as overly harsh, allowing culpable parties to avoid the consequences of their actions, and leaving relatively innocent plaintiffs without recourse...


Stark & Stark Construction Litigation Group Chair to Present Chinese Drywall Seminar for the New Jersey Institute for Continuing Legal Education

Posted on May 15, 2009
Stark & Stark Shareholder and Construction Litigation group Chair, Donald B. Brenner, will serve as the moderator and as a presenter at the New Jersey Institute for Continuing Legal Education's seminar, Tackling Construction Law Issues. The seminar will take place Wednesday, July 29, 2009 from 9:00 AM to 4:00 PM at the New Jersey Law Center, New Brunswick, New Jersey...


First Piece of Chinese Drywall Federal Legislation Passed in Congress

Posted on May 14, 2009
An amendment calling for an immediate investigation into the correlation between Chinese drywall and the national foreclosure rate has been passed. Earlier this month, the drywall-related provision was successfully offered as an amendment to the ?Mortgage Reform and Anti-Predatory Lending Act...


United States Supreme Court Will Hold Hearing to Decide Whether or Not to Consolidate Chinese Drywall Lawsuits

Posted on May 13, 2009
On Wednesday, May 27, 2009 the United States Supreme Court will hold a hearing in Louisville, Kentucky in order to decide whether cases filed in federal court for those homeowners affected by defective Chinese Drywall across the country should be consolidated in one court with one judge...


The Economic Loss Doctrine: A license to sell defective building products?

Posted on May 12, 2009
Stark & Stark Construction Litigation Shareholder, John Randy Sawyer, and Associate, Joseph D. Gumina, authored the article, The Economic Loss Doctrine: A license to sell defective building products? for the May 11, 2009 edition of the New Jersey Law Journal...


Florida Doctor Offers Updated Report and FAQs Focusing on Chinese Drywall

Posted on May 07, 2009
Dr. Gary Rosen, Ph.D., is a Florida licensed building contractor who specializes in property damage appraisals, expert testimony, and assessment & remediation of Chinese drywall. Dr. Rosen has compiled information after months of research which summarizes information acquired from several published reports and from his own personal investigations...


North Carolina Couple Sues Over Defective Chinese Drywall

Posted on May 04, 2009
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...


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