Chinese Drywall: The New Asbestos?
I have previously written about Chinese drywall from a quality control and construction standpoint and predicted that if the tests being conducted by the EPA or independent labs were able to demonstrate that the drywall was responsible for health problems it would truly open the litigation floodgates. In light of the Chinese drywall litigation being led in large part by Scott Wolfe and a conversation I had with Mark Rabkin of Althans Insurance I have been pondering the similarities between Chinese drywall and asbestos.
Unlike asbestos whose hazardous properties were unknown and whose dangerous effects have a relatively delayed onset the problem with the Chinese drywall was discovered quickly. While the exact health consequences of exposure to Chinese drywall have not been conclusively demonstrated I personally am fairly certain that anything that can corrode and eat through metal electrical, and air conditioning components cannot be good for the body. Individuals have complained of rashes, bloody noses, and respiratory infections.
Whether or not Chinese drywall poses short or long term health effects remains unknown at the current time. When does the statute of limitations start running for an physical injury stemming from Chinese drywall? Is Chinese drywall a one of a kind problem or is the U.S. housing industry going to see more building material problems as the result of outsourcing?
The Chinese drywall litigation has been placed on the fast track which the judge seeking to resolve the issue as soon as possible.
"Fast-tracking is an understatement. It's a rocket docket. And he means business," said attorney Ervin Gonzalez, a class-action specialist with Colson Hicks Eidson in Coral Gables, Fla., who also is on the plaintiff steering committee. "He wants the first case tried by the end of the year, and he wants an inspection of every home. He wants to be able to get to the bottom of the problem."
For an interesting and well written article examining the drywall problem and the problems it poses to homeowners please refer to the following article by the Wall Street Journal.
Thanks for the shout-out, Rich. I don't know why I am so committed to this issue, but I feel drawn to it like a moth to a flame. I hope that our collective efforts can bring about a speedy recovery for those most seriously affected by this situation.
Mark,
It will be very interesting to see how wide spread the problem is and how the insurance companies will react. Unfortunately, due to the economy many of the builders who are liable to the owners under warranties are no longer in existence. If insurance companies don't cover the claims many homeowners are left in a position such as that expressed in the WSJ where the owners either wreck their health or wreck their credit. This is truly an unfortunate situation but it serves as a valuable lesson to those in the building, legal, and insurance industries. Hopefully, the green community will see the deeper lessons hidden in this fiasco and take steps to prevent similar problems from arising in the future.