Construction Law

Plaintiff?s Legal Theories Concerning Chinese Drywall Claims

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. Since the Chinese Drywall problem is such a new phenomenon it will be years before the full medical effects of prolonged exposure to Chinese drywall will be known. Zdenek Hejzlar Ph.D., CSP, of Engineering Systems Inc. presented The Science of Drywall at today?s conference and is currently conducting controlled scientific experiments to develop a baseline of the issues that exposure to Chinese drywall can cause. You can contact him here if you are interested in receiving a copy of his soon to be released peer reviewed white paper on the Chinese Drywall problem.

The current causes of actions in the cases are negligence, strict liability for defective products, implied and express warranties, breach of contract, state specific consumer protection acts, fraudulent concealment/misrepresentation, private nuisance.

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