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| WELCOME TO CHINESEDRYWALL.COM |
The first website dedicated to educating the public about Chinese drywall
BEFORE YOU REMEDIATE YOUR HOME, PLEASE TALK TO YOUR
ATTORNEY, ESPECIALLY IF YOU HAVE KNAUF DRYWALL.
On April 3, 2010, the Consumer Product Safety Commission ("CPSC") released Interim
Remediation Guidance for Homes with Problem Drywall recommending that homeowners
remove and replace “all possible problem drywall”; all fire safety alarm devices (including
smoke alarms and carbon monoxide alarms); all electrical components and wiring (insulated
and uninsulated), including outlets, switches and circuit breakers); and all gas service
piping and fire suppression sprinkler systems. Click here for full reports and studies.
Homeowners need to understand that this is not a remediation protocol - it is an interim
guidance. There are many items that were not addressed by the CPSC which may need
to be replaced, such as air conditioners, but do not necessarily impact health and safety
and, thus, no recommendations were made by the CPSC. On April 8, 2010, Judge Fallon,
who presides over the Multi District Litigation ("MDL"), issued Facts and Findings from the
first Chinese drywall trial, Germano v. Taishan, finding as follows:
* Replacement of all drywall in the home;
* Replacement of all electrical wiring (insulated and uninsulated);
* Replacement of all copper pipes;
* Replacement of the entire HVAC system;
* Replacement of most appliances (particularly refrigerators);
* Replacement of electronics, such as TVs and computers;
* Replacement of all carpeting;
* Replacement of hardwood and vinyl flooring;
* Replacement of tile floor unless it can be protected during remediation;
* Replacement of cabinets and countertops (note, this ruling was based on economics
as the court found that it was more cost-effective in this case to replace these items rather
than attempt removal and storage);
* Replacement of trim, molding and baseboards;
* Replacement of all bathroom fixtures;
* After removal of all drywall, properties must be cleaned with HEPA vacuum, wet-wiped or
power-washed, and aired out for 15-30 days; and
* Property must be certified by an independent engineering company to certify that the
remediated home is safe.
Judge Fallon's ruling governs only the parties to the Germano lawsuit, however, it will likely
be persuasive in other cases and assist those homeowners who are remediating on their
own.
Note, Judge Fallon's ruling did not specifically address cross contamination of personal
property (such as mattresses and other porous materials). According to the Florida
Department of Health, based on reports from occupants and preliminary test results,
corrosive gasses from the drywall may be absorbed and re-emitted from porous materials
such as drywall and fabrics. It is uncertain whether this will affect materials such as
concrete and lumber. The effectiveness of cleaning these materials is currently unknown.
For those of you living in condominiums, there are special considerations, including the fact
that remediation is typically prohibited without your association's approval. Check your
condo docs. Further, remediation of one unit (especially if not properly done) may affect
other units and the community as a whole. Units that do not contain Chinese drywall could
exhibit some effects caused by sulfur gasses from adjacent units. .
BEFORE UNDERTAKING ANY REMEDIATION, PLEASE CONSULT AN ATTORNEY - YOU
COULD BE IMPACTING YOUR LEGAL RIGHTS AND DESTROYING EVIDENCE NECESSARY
TO PURSUE A CLAIM. See Preservation of Evidence Order.
ATTORNEY, ESPECIALLY IF YOU HAVE KNAUF DRYWALL.
On April 3, 2010, the Consumer Product Safety Commission ("CPSC") released Interim
Remediation Guidance for Homes with Problem Drywall recommending that homeowners
remove and replace “all possible problem drywall”; all fire safety alarm devices (including
smoke alarms and carbon monoxide alarms); all electrical components and wiring (insulated
and uninsulated), including outlets, switches and circuit breakers); and all gas service
piping and fire suppression sprinkler systems. Click here for full reports and studies.
Homeowners need to understand that this is not a remediation protocol - it is an interim
guidance. There are many items that were not addressed by the CPSC which may need
to be replaced, such as air conditioners, but do not necessarily impact health and safety
and, thus, no recommendations were made by the CPSC. On April 8, 2010, Judge Fallon,
who presides over the Multi District Litigation ("MDL"), issued Facts and Findings from the
first Chinese drywall trial, Germano v. Taishan, finding as follows:
* Replacement of all drywall in the home;
* Replacement of all electrical wiring (insulated and uninsulated);
* Replacement of all copper pipes;
* Replacement of the entire HVAC system;
* Replacement of most appliances (particularly refrigerators);
* Replacement of electronics, such as TVs and computers;
* Replacement of all carpeting;
* Replacement of hardwood and vinyl flooring;
* Replacement of tile floor unless it can be protected during remediation;
* Replacement of cabinets and countertops (note, this ruling was based on economics
as the court found that it was more cost-effective in this case to replace these items rather
than attempt removal and storage);
* Replacement of trim, molding and baseboards;
* Replacement of all bathroom fixtures;
* After removal of all drywall, properties must be cleaned with HEPA vacuum, wet-wiped or
power-washed, and aired out for 15-30 days; and
* Property must be certified by an independent engineering company to certify that the
remediated home is safe.
Judge Fallon's ruling governs only the parties to the Germano lawsuit, however, it will likely
be persuasive in other cases and assist those homeowners who are remediating on their
own.
Note, Judge Fallon's ruling did not specifically address cross contamination of personal
property (such as mattresses and other porous materials). According to the Florida
Department of Health, based on reports from occupants and preliminary test results,
corrosive gasses from the drywall may be absorbed and re-emitted from porous materials
such as drywall and fabrics. It is uncertain whether this will affect materials such as
concrete and lumber. The effectiveness of cleaning these materials is currently unknown.
For those of you living in condominiums, there are special considerations, including the fact
that remediation is typically prohibited without your association's approval. Check your
condo docs. Further, remediation of one unit (especially if not properly done) may affect
other units and the community as a whole. Units that do not contain Chinese drywall could
exhibit some effects caused by sulfur gasses from adjacent units. .
BEFORE UNDERTAKING ANY REMEDIATION, PLEASE CONSULT AN ATTORNEY - YOU
COULD BE IMPACTING YOUR LEGAL RIGHTS AND DESTROYING EVIDENCE NECESSARY
TO PURSUE A CLAIM. See Preservation of Evidence Order.
| HOW DO I REMEDIATE MY HOME? |
In March 2011, the Consumer Product Safety Commission announced new remediation
guidance which no longer requires the removal of wiring.
Many have criticized these guidelines because they do not consider practical concerns,
such as the inability to effectively wiring and the time/cost involved. Further, snipping
wires may violate local building codes if there is insufficient slack and the use of junction
boxes will increase the cost. The electrical insulating and coating materials may also retain
the sulfur odor, which in and of itself, warrants removal. On average, rewiring costs less
than 5% of the total cost so the savings are minimal. Judge Fallon agreed, stating that the
remediation protocol announced following the Germano and Hernandez trials is the correct
protocol. The evidence is clear that the wire coating is not sufficient to keep the gasses
out and there is corrosion under the coating. All wiring should be removed and replaced.
Aside from immediate health and safety concerns, there are also practical reasons for
removing all wiring. Judge Fallon remarked that it makes no sense to put a house together
with the same wiring that may go bad in the future and which could cause a home to burn
down. "Then you have to strip the house again." Knauf's counsel advised the Court that it
will continue to remove all wiring for homes in the Pilot Program. Note, Sens. Bill Nelson
and Sen. Mark Warner have since requested that the CPSC allow the public to comment on
the new guidelines, which notably were released without any peer review. Click here for
article.
guidance which no longer requires the removal of wiring.
Many have criticized these guidelines because they do not consider practical concerns,
such as the inability to effectively wiring and the time/cost involved. Further, snipping
wires may violate local building codes if there is insufficient slack and the use of junction
boxes will increase the cost. The electrical insulating and coating materials may also retain
the sulfur odor, which in and of itself, warrants removal. On average, rewiring costs less
than 5% of the total cost so the savings are minimal. Judge Fallon agreed, stating that the
remediation protocol announced following the Germano and Hernandez trials is the correct
protocol. The evidence is clear that the wire coating is not sufficient to keep the gasses
out and there is corrosion under the coating. All wiring should be removed and replaced.
Aside from immediate health and safety concerns, there are also practical reasons for
removing all wiring. Judge Fallon remarked that it makes no sense to put a house together
with the same wiring that may go bad in the future and which could cause a home to burn
down. "Then you have to strip the house again." Knauf's counsel advised the Court that it
will continue to remove all wiring for homes in the Pilot Program. Note, Sens. Bill Nelson
and Sen. Mark Warner have since requested that the CPSC allow the public to comment on
the new guidelines, which notably were released without any peer review. Click here for
article.
