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Gilman & Pastor File Class Action vs. "Chinese Drywall"
Court Watch | 2009/03/19 11:12
Notice is hereby given that Gilman and Pastor has filed a lawsuit in the United States District Court for the Middle District of Florida asserting class action claims on behalf of homeowners, building owners, community developments and owner associations across the United States to recover losses associated with the removal, replacement and remediation of defective "Chinese Drywall," as well as damages for personal injury.

Residents who may be affected include those living in homes that were built between 2002 and 2007, when imported Chinese Drywall was used by several of the major building companies. The defendants named in this lawsuit include Knauf Gips KG, the leading manufacturer in drywall located in Germany, Knauf Plasterboard Tianjin (KPT), a Chinese drywall manufacturer; Knauf Group, the German parent company of KPT; Banner Supply, a Miami building supply company; and Rothchilt International Ltd., a China-based exporter. Developers that have been identified as possible users of this drywall include Lennar Homes, W.C.I., Tousa, Engel Homes and other national home builders.

The lawsuit alleges that "fly ash" waste material from Chinese power plants was used in the manufacture of this Chinese Drywall. These waste materials can leak into the air and emit harmful sulfur compounds, including sulfur dioxide and hydrogen sulfide.

Our investigation has concluded that this is far more serious and vastly more extensive than previously determined. More than 550 million pounds of Chinese drywall was imported to the U.S. during the housing boom from 2004 to 2006. There are approximately 60,000 homes affected by these defective building materials in multiple states across the USA, with defective Chinese drywall gaining entry through ports in Alabama, California, Florida, Georgia, Hawaii, Louisiana, Mississippi, Missouri, New York, North Carolina, Pennsylvania, Texas, Virginia and Washington, among others.

There is no easy way to fix the damage caused by the defective drywall. In most cases, owners of homes where the toxic drywall was installed are forced to move out, gut their homes to remove the toxic materials, and rebuild the interiors of the homes with new drywall before moving back in. All personal property inside the home that may have been contaminated by the sulfur gases must also be replaced. The Sulfur emissions may also cause extensive electrical damage. Corrosion of air-conditioning units and wiring has been linked to Chinese drywall. Residents in homes built with the defective drywall have also reported suffering from respiratory problems, nose bleeds, coughing, and irritation of sinuses, eyes and throats.

Prompt action is important. With many builders and developers filing for bankruptcy protection or closing their doors, a delay in asserting your claim may limit your recourse against the builders that installed the defective materials or their suppliers.

News agencies and informational web sites could be especially helpful to consumers by alerting them to this serious problem.

Gilman and Pastor is a national litigation firm with offices in Boston, Massachusetts, and Naples, Florida, specializing in product liability litigation, consumer class actions and complex business litigation. For 30 years our attorneys have recovered more than a billion dollars on behalf of our clients.

Gilman and Pastor's managing partner, Kenneth G. Gilman, has worked extensively to assist building owners recover losses from defective building materials. Gilman and Pastor was appointed by the United States District Court as lead class counsel in Sebago Inc et al. v. Beazer East, Inc. and Johns Manville against the two manufacturers of phenolic foam roof insulation. PFRI, when exposed to even small amounts of moisture, releases an acidic leachate that corrodes metal roof decks. In 2000, the United States District Court in Massachusetts approved a nationwide class settlement which involved remediation of class members' buildings with payments of a combined estimated value of more than $350 million.

You may learn more about our lawsuit and our investigation into Chinese Drywall by contacting Kenneth G. Gilman toll-free at (888) 280-1236. Additional information is available online at www.defective-drywall.com. We can assist you in all phases of this matter, including properly scheduled inspections.


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